Chicago Police DepartmentEmployee Resource E01-07
Indebtedness to the City of Chicago
Issue Date:13 September 2013Effective Date:13 September 2013
Rescinds:15 May 2013 Version
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive:
  • A.states Department policy concerning indebtedness to the City of Chicago.
  • B.provides procedures for the notification and disposition of such indebtedness consistent with the City of Chicago Employee Indebtedness Program.
  • C.continues:
    • 1.Notice of Indebtedness (CPD-61.227).
    • 2.City of Chicago Employee Indebtedness Program Voluntary Wage Deduction Agreement form.
II.Policy
It is the policy of the Chicago Police Department that all members demonstrate the highest standards of conduct in public employment. The existence of overdue debts to the City of Chicago is inconsistent with Department Rules & Regulations and policy. Since all persons are required by law to pay their indebtedness to the City, any inconsistent treatment of Department members adversely affects public perception of fair and impartial law enforcement. The Chicago Police Department will fully participate in the City of Chicago Employee Indebtedness Program.
III.General Information
  • A.The City of Chicago Personnel Rules, Rule 18, Item 52, prohibits any present City employee from having overdue debt with the City.
  • B.All members of the Department will be included in this program.
  • C.The City of Chicago, Department of Finance, will generate a timely data file, by department, of employees who have overdue debt.
  • D.The Chicago Police Department will print Notices of Indebtedness from the City of Chicago, Department of Finance, data file addressed to each Department member having overdue debt. Each Notice of Indebtedness will include the amount and type of overdue debt. In addition, the Department will print a listing of indebted members and a Unit Signature Roster by control date (date established by the Human Resources Division).
  • E.After notification by the Department and the completion of summary punishment:
    • 1.non-exempt, non-probationary members have 30 days from the date of notification to come into compliance.
    • 2.exempt members, probationary members (who have not completed 18 months of service), and members not represented by a collective bargaining agreement have 7 days from the date of notification to come into compliance.
    NOTE:
    The initiation of summary punishment is pursuant to having outstanding debt to the City and not immediately making arrangements to address the debt. The SPAR will be processed to completion based on the initial notification of the outstanding debt and will not be delayed, postponed, or held in abeyance for the above time frames, while the member comes into compliance.
  • F.Within the time periods outlined in Item III-E, the member must resolve the overdue debt in one of the following ways, as permitted by the debt collection department's internal procedures:
    • 1.Document Payments or Challenges: provide documentation to the appropriate City department(s) that the outstanding debt has already been paid or that an administrative or court hearing is pending for municipal citation(s).
      • a.Members who wish to contest the validity of a particular debt must do so at the appropriate debt collection department.
      • b.Members who wish to request a hearing for municipal citations may do so at any of the City of Chicago,  Department of Finance's service centers. Service center information can be found at the City of Chicago, Department of Finance, website located at www.cityofchicago.org/finance.
      • c.Members who believe that they have paid a citation, or that it has been dismissed by a court or the administrative hearing, may contact the City of Chicago,  Department of Finance, Indebtedness Unit .
    • 2.Pay In Full: pay the outstanding debt in full at the respective debt collection department(s).
    • 3.Payroll Deduction: establish a voluntary, irrevocable contract with the City of Chicago, through the City of Chicago, Department of Finance, for regular, automatic payroll deductions (not to exceed a six month period), until the debt is completely paid. To participate in the program a member must have indebtedness greater than $250.00.
      • a.To apply for voluntary payroll deduction a member will:
        • (1)contact the Chicago Police Department, Finance Division, Payroll Section.
        • (2)identify the amount of indebtedness to be paid, the City department that will receive the payroll deduction, and the length of time the deduction will be in effect (not to exceed a six month period).
        • (3)provide a copy of their Notice of Indebtedness and the City of Chicago, Department of Finance, printouts of the applicable municipal citations and/or bills, indicating the amount past due.
        • (4)contact the Chicago Police Department, Finance Division, Payroll Section, immediately, if the member decides to pay in full the debt that he or she is currently paying through a voluntary payroll deduction agreement.
        • (5)if an overpayment results under a voluntary payroll deduction agreement, contact both the:
          • (a)Chicago Police Department, Finance Division, Payroll Section, and
          • (b)City of Chicago,  Department of Finance, Indebtedness Unit for refund information.
      • b.The Chicago Police Department, Finance Division, Payroll Section, will:
        • (1)ensure that the amount of the deduction is consistent with the amount sought by the City of Chicago, Department of Finance. This can be accomplished in either of two ways:
          • (a)attach the City of Chicago, Department of Finance, printouts provided by the member, or
          • (b)attach a copy of the Notice of Indebtedness, listing municipal citation number(s) and/or bill account number(s) and amount(s) owed.
            NOTE:
            Members may only deduct the debt amount identified by the Employee Indebtedness Program system.
        • (2)complete an City of Chicago Employee Indebtedness Program Voluntary Wage Deduction Agreement and have the member sign the document.
        • (3)immediately forward the original City of Chicago Employee Indebtedness Program Voluntary Wage Deduction Agreement with all supplemental documents to the City of Chicago,  Department of Finance, Indebtedness Unit .
        • (4)forward a photocopy to the Human Resources Division.
      • c.The City of Chicago will begin deducting monies from the member's payroll check after receipt of the Indebtedness Payment Agreement and continue the deduction until the debt amount has been met.
    • 4.Payment Plan to City Department: establish a payment plan with the appropriate City department.
    • 5.Payment Plan with City Law Firm: establish a payment agreement with the appropriate collection law firm that represents the City.
    • 6.Bankruptcy: provide a petition filed in Bankruptcy Court which lists all City debts as dischargeable debts.
      NOTE:
      Municipal citation debt is not dischargeable under a Chapter 7 bankruptcy.
  • G.Members who set up a voluntary payroll deduction agreement will not forestall any other enforcement action that the City would take against any other citizen.
    EXAMPLE:
    For example, participation in a voluntary payroll deduction agreement does not mean that a vehicle will not be treated as boot eligible.
  • H.Department members who fail to come into compliance in the prescribed time frames, including failure to complete a payment plan, will be subject to additional disciplinary action, including discharge. It is the member's responsibility to verify the totality of his or her debt(s) with the respective debt collection department(s).
  • I.The following criteria will be used when reviewing a member's documentation to determine compliance or non-liability:
    • 1.A receipt or computer inquiry printout from the appropriate collection department(s), indicating the citation number(s) or account number(s) in question, and the requested amount paid in full.
    • 2.Canceled check(s) from the member's personal account payable to the appropriate collection department(s). Appropriate citation numbers and/or account numbers must be indicated on the check.
    • 3.A copy of the City of Chicago Employee Indebtedness Program Voluntary Wage Deduction Agreement provided by the member for the full amount due, payable within 12 pay periods. The agreement must be signed by the Chicago Police Department, Finance Division Indebtedness liaison.
    • 4.A copy of the payment contract from the appropriate City department.
    • 5.A copy of the payment agreement with the appropriate collection law firm that represents the City of Chicago.
      NOTE:
      The member must be current with his payments on a monthly basis to the appropriate collection law firm that represents the City to be considered in compliance. The City of Chicago, Department of Finance, will verify this information.
    • 6.A computer inquiry printout from the City of Chicago, Department of Finance, indicating citation numbers and the license plate and/or driver's license number to which the citations were issued, if a member is contending that the municipal citations in question were issued to an individual other than himself.
      NOTE:
      This printout should be submitted to the Human Resources Division, Administration Section, along with a copy of the member's driver's license showing a different driver's license number from that listed on the printout.
    • 7.A copy of the court filing contesting the debt.
  • J.The following documentation will not be acceptable in determining a member's compliance or non-liability:
    • 1.Copies of uncancelled checks or money orders.
    • 2.A To-From-Subject report submitted without accompanying documentation demonstrating compliance.
    • 3.Documentation by a member stating that another driver was responsible for a citation. The registered owner of the vehicle, based upon the state license plate, is liable for the debt.
IV.Procedures and Responsibilities
  • A.Department members will:
    • 1.sign and date two Notices of Indebtedness upon presentation by a supervisory member, keeping one copy for the member's records and immediately returning one to the presenting supervisor.
    • 2.follow the procedures outlined in the Department directive entitled "Summary Punishment" when responding the the Summary Punishment Action Request (SPAR).
    • 3.resolve their overdue debt to the City, in the manner specified in Item III-F of this directive.
    • 4.be subjected to additional disciplinary action if they fail to resolve their overdue debt to the City within the time limit as specified in Item III-E.
    • 5.obtain a receipt from the appropriate debt collection department when an overdue debt has been resolved.
      NOTE:
      Members are responsible for ensuring that any receipts obtained from the City of Chicago, Department of Finance, accurately reflect payment for the citation number(s) listed on the Notice of Indebtedness. Any inconsistency, even if the correct amount was paid, will be deemed to be non-compliance if the receipt does not show payment for a specific citation(s) listed on the Notice. Similarly, receipts received from the  Department of Water Management must accurately reflect the account number referenced on the Notice of Indebtedness. Members are advised to save their original receipts and other documentation for future reference.
    • 6.present photocopies of receipts, the Indebtedness Payment Agreement, the Notice of Indebtedness, and other documentation, within the time frame prescribed in Item III-E, to the supervisor initiating the associated summary punishment, if available, or an alternate supervisor designated by the unit commanding officer.
  • B.Supervisory members will:
    • 1.be assigned to present each affected member with both copies of the Notice of Indebtedness.
    • 2.secure the affected member's signature on both copies of the Notice of Indebtedness to acknowledge member’s receipt of the document.
      NOTE:
      If a member refuses to sign the Notice of Indebtedness, that fact will be entered as “Refused to Sign” on the appropriate signature line. A supervisory member will sign and date it on that same line. Members who are on furlough or medical absence will be served with the Notice of Indebtedness upon their return. If for other reasons, a member cannot be served with the Notice, that fact will be noted on the signature line and a supervisory member will sign and date the letter on that same line.
    • 3.secure the affected member's signature on the Unit Signature Roster and forward the roster to the unit commanding officer. If a member refuses to sign the roster, the procedures listed in Item IV-B-2 will be followed.
    • 4.sign and date the Notice of Indebtedness after it is presented to the affected member.
    • 5.immediately return one signed Notice of Indebtedness to the Human Resources Division, Administration Section, Unit 123.
    • 6.initiate Summary Punishment and present a Summary Punishment Action Request (SPAR) to the affected member following the procedures outlined in Department directive entitled “Summary Punishment” and order the member to come into compliance within the time periods outlined in Item III-E.
      • a.Investigating members will follow the SPAR Offense Table Guidelines and SPAR Matrix, located on the Bureau of Internal Affairs intranet website, when assessing the appropriate penalties for indebtedness being processed under the provisions of Summary Punishment.
      • b.The summary punishment will be processed to completion following the procedures outlined in Department directive entitled “Summary Punishment." The SPAR will not be deleted when a member resolves the overdue debt and comes into compliance.
    • 7.scan the photocopies of receipts, the Indebtedness Payment Agreement, the Notice of Indebtedness, or other documentation received from the subject Department member, and email them to debt@chicagopolice.org, which is administered by the Human Resources Division, Administration Section, Unit 123, and copy the subject member within five (5) days of receipt.
      NOTE:
      If the supervisor will be unavailable to email the above referenced documents, then the supervisor will request that the unit commanding officer designate another supervisor to complete the necessary tasks associated with the subject member's indebtedness status.
    • 8.if the member has not come into compliance after the time frame prescribed in Item IV-B-6, obtain a Log Number for a violation of Rule 6 - Disobedience of an order or directive, whether written or oral.
      NOTE:
      The supervisor who initiated the summary punishment and ordered the member to come into compliance will be the complainant for the initiation of the Log Number or, in his absence, an alternate supervisor designated by the unit commanding officer.
  • C.Unit commanding officers will ensure that:
    • 1.members follow the procedures outlined in Item IV-A.
    • 2.supervisory members follow the procedures outlined in Item IV-B.
    • 3.if a member is detailed to another unit, that the Notice of Indebtedness is forwarded to the unit of detail, noting the date the letter was forwarded on both copies. Upon receipt of the letter, the commanding officer of the unit of detail will note the date received on both copies of the Notice of Indebtedness.
    • 4.the completed Unit Signature Roster and signed Notices of Indebtedness for each affected member are forwarded to the Human Resources Division, Administration Section, Unit 123
    • 5.an alternate supervisor is designated to perform the duties prescribed in IV-B-7 and 8, in the absence of any supervisor who initially presented the subject member with the Notice of Indebtedness.
  • D.The Chicago Police Department, Finance Division, will:
    • 1.receive and process the data file listing of indebted members from the City of Chicago, Department of Finance, and forward the processed documents to the Human Resources Division.
    • 2.serve as a liaison with the City of Chicago, Department of Finance, and advise unit timekeepers concerning the payroll deduction option.
  • E.The Human Resources Division will:
    • 1.receive a printed listing, identified by control date, of Department members owing overdue debt to the City of Chicago and three copies of the Notice of Indebtedness for each affected member.
    • 2.receive a Unit Signature Roster, by control date, identifying every member owing overdue debt to the City of Chicago by unit of assignment.
    • 3.distribute two copies of a member's Notice of Indebtedness letter to each affected unit along with the Unit Signature Roster.
    • 4.retain Notice of Indebtedness for the current and two previous control dates.
      • a.the original signed / refused Notice of Indebtedness which has been forwarded to the Human Resources Division from the individual units.
      • b.a copy of the receipts or other proof of compliance forwarded to the Human Resources Division by indebted members.
    • 5.track indebtedness of Department members by reviewing documentation submitted by members in accordance with the provisions outlined in this directive to determine compliance. If documentation establishes compliance, this fact will be entered in the indebtedness tracking system.
    • 6.identify Department members who have not demonstrated compliance.
    • 7.forward a report of members who are not in compliance to the City of Chicago, Department of Finance, Indebtedness Unit, for each control date.
    • 8.serve as a liaison with the City of Chicago, Department of Finance.
  • F.The General Counsel to the Superintendent and the Office of Legal Affairs will be available to provide legal counsel concerning disciplinary investigations alleging indebtedness to the City.
(Items indicated by italics/double underline have been added or revised)
Garry F. McCarthy
Superintendent of Police
13-126 MWK/PMD
PHONE BOOK:
1.
Department of Finance
City Hall - 121 N. LaSalle St, Room 107A
312-744-2204
2.
Department of Finance, Indebtedness Unit
312-744-8447
3.
Department of Finance, Indebtedness Unit
312-744-8447
4.
Department of Finance, Indebtedness Unit
312-744-8447
5.
Department of Water Management
333 South State Street Room 330
312-744-4426