Chicago Police DepartmentGeneral Order G08-01
Complaint and Disciplinary Procedures
Issue Date:14 May 2013Effective Date:14 May 2013
Rescinds:17 March 2013 Version
Index Category:Professionalism
I.Purpose
This directive:
  • A.outlines the Complaint and Disciplinary process policy. Department members will refer to the Special Order titled "Complaint and Disciplinary Procedures" for procedural elements of the Complaint and Disciplinary process.
  • B.continues the use of the:
    • 1.Automated Complaint System (ACS);
    • 2.Automated Summary Punishment Action Request (SPAR) System;
    • 3.Suspension Notification form (CPD-44.102);
    • 4.Waiver of Counsel/Request to Secure Counsel form (CPD-44.106);
    • 5.Investigator Unable to Contact Complainant/Witness (English/Spanish) (CPD-44.223);
    • 6.Election/Rejection of Options to Suspension form (CPD-61.416);
    • 7.Recorded Voice Transmissions Request form (OEMC-109).
  • C.introduces the use of the following revised forms:
    • 1.Infraction Report [CPD-21.116 (Rev. 6/12)];
    • 2.Request For Interview/Statement Report [CPD-44.103 (Rev. 2/12)];
    • 3.Criminal Rights form [CPD-44.104 (Rev. 6/09)];
    • 4.Administrative Proceedings Rights (Statutory) form [CPD-44.105 (Rev. 6/09)];
    • 5.Investigator’s Checklist form [CPD-44.108 (Rev. 06/12)];
    • 6.Summary Report [CPD-44.112 (Rev. 06/12)];
    • 7.Summary Report Digest [CPD-44.112-A (Rev. 06/12)];
    • 8.Command Channel Review [CPD-44.113 (Rev. 06/12)];
    • 9.Command Channel Review-Sustained Case [CPD-44.113-A (Rev. 06/12)];
    • 10.Request For Time Extension [CPD-44.114 (Rev. 06/12)];
    • 11.Notification of Charges/Allegations [CPD-44.115 (Rev. 6/09)];
    • 12.Sworn Affidavit for Log Investigation form [CPD-44.126 (Rev. 7/09, English or Spanish)];
    • 13.Request For Photographs [CPD-44.164 (Rev. 06/12)];
    • 14.Request For Discipline Screening Program [CPD-44.210 (Rev. 06/12)];
    • 15.Notification RE: Automated Complaint [CPD-44.217 (Rev. 06/12)];
    • 16.Request For/Waiver of Police Board Review of Suspension [CPD-44.222 (Rev. 06/12)];
    • 17.Request For Review of Recommendation For Suspension (For Suspensions of 16 to 30 Days) [CPD-44.246 (Rev. 06/12)];
    • 18.Request For Review of Recommendation For Suspension (For Suspensions of 31 to 365 Days) [CPD-44.251 (Rev. 06/12)];
    • 19.Notification of Duty Restrictions form [CPD-44.301 (Rev. 06/12)];
    • 20.Log Investigation Voluntary Termination Letter [CPD-44.304 (Rev. 06/12, English and Spanish)].
  • D.discontinues the use of the following forms:
    • 1.Period Report: Disciplinary Action/Minor Infractions (CPD-21.114);
    • 2.Disciplinary Action/Minor Infraction Report (CPD-21.117-A and B);
    • 3.Complaint Against Department Member (CPD-44.202);
    • 4.Complaint Form Letter (CPD-44.224).
  • E.states Department policy relating to complaint and disciplinary procedures.
  • F.defines the terms associated with the ACS.
  • G.outlines the procedures and specific responsibilities related to this system.
II.Policy
  • A.The Superintendent is charged with the responsibility and has the authority to maintain discipline within the Department. Accordingly, the Superintendent must ensure that internal investigations are conducted in accordance with the provisions outlined in this directive, in order to provide Department members with the fundamental principles of fairness and to ensure that members are afforded all their rights. These rights will also be understood to mean the provisions of the applicable agreement (contract) between the City of Chicago/Department of Police and the particular organization (union) representing the members.
  • B.All members will comply with Department Rules and Regulations, directives, and orders. Members who fail to comply hinder the effective performance of the Department’s functions. This failure will be considered just cause for disciplinary action. Sworn members will be held strictly accountable for properly exercising the authority they have been given to protect the rights, lives, and property of all individuals. At the same time, Department members must be protected against false allegations of misconduct. This can only be accomplished through a consistently thorough investigative process. Prompt, thorough investigations will be conducted into allegations of misconduct to establish facts which can absolve the innocent and identify the guilty.
  • C.Certain rights afforded all Department members relative to the conduct of a disciplinary investigation are set forth in the directive entitled, “Department Member’s Bill of Rights.” Accordingly, members must cooperate with any ongoing investigation into allegations of misconduct. Members will be disciplined up to and including, separation from the Department for refusing to answer questions relating to their official actions or obligations which were assumed upon appointment to the Department.
III.Definitions
  • A.Acknowledgment - an electronic confirmation by a member using their Department logon username (PC Number) and password. The electronic acknowledgment will have the full effect as that of the member’s written signature. In the event that an electronic acknowledgement is not available, a paper acknowledgement and written signature can be substituted.
  • B.Automated Complaint System (ACS) - the automation of the process for Log investigations.
  • C.Letter of Declination - a free and voluntary statement by a non-Department reporting party to withdraw a complaint against any member of the Department.
  • D.Log Number - a tracking number assigned to any incident brought to the attention of the Department, by a reporting party, involving a Department member that may be investigated.
    Log Numbers may be further classified as:
    • 1.Complaint Register (CR) Number - the conversion of a Log Number to a full disciplinary investigation. The sustained finding of a Complaint Register Number investigation is reported in a Department member’s disciplinary history.
    • 2.EO - the type given to an extraordinary incident (e.g., death in custody, suicide in custody, attempt suicide in custody).
    • 3.INFO - the type given to an incident that has not been converted into a Complaint Register Number due to an un-signed Sworn Affidavit by a reporting party.
    • 4.NOTIFICATION - the type given to an incident where a sworn Department member discharges a firearm (on or off duty) at a person and the person is not injured or killed, weapon discharge incidents involving the destruction of an animal, Oleoresin Capsicum (OC) discharges, field deployment of a Taser, use of chemical/smoke dispensing or distraction devices, or other miscellaneous incidents.
    • 5.U - the type given to an incident when a sworn Department member discharges a firearm (on or off duty) and another person is injured or killed by one or more bullets fired by that member, or when a sworn Department member has suffered a self-inflicted gunshot wound.
  • E.Reporting Party - a person(s) (sworn or civilian) that brings an incident(s) involving a Department member(s), that may be investigated, to the attention of the Department.
  • F.Shooting Member - A sworn Department member who has discharged a firearm (on or off duty).
  • G.Sworn Affidavit - a sworn statement by a non-Department member, in writing, certifying that the statement is true and correct under penalties provided by law.
  • H.Sworn Affidavit Override - an action taken by the Chief Administrator, Independent Police Review Authority or the Bureau Chief, Bureau of Internal Affairs when the standards defined by the appropriate collective bargaining agreement have been met to continue the investigation without the sworn affidavit requirement when attempts to contact a reporting party are unsuccessful or the reporting party refuses to sign a Sworn Affidavit.
IV.Exceptions to the Sworn Affidavit Requirement
A signed sworn affidavit is required except for the following situations:
  • A.when criminal conduct is alleged;
  • B.when a violation of the Medical Policy is alleged;
  • C.when a residency violation is alleged;
  • D.when the reporting party is a Department or IPRA member; or
  • E.when there is a sworn affidavit override approved by either the Chief Administrator, Independent Police Review Authority, or the Bureau Chief, Bureau of Internal Affairs, as appropriate.
V.Admonishments
A supervisor, commanding officer, or any member acting in such capacity, may immediately correct or admonish a subordinate if the nature or circumstances of an incident do not warrant a reprimand or formal disciplinary action. If immediate correction or admonishment is not effective, (i.e., the conduct of the member indicates a repetitive pattern of irregularities) the procedures contained in the directive entitled “Summary Punishment” will be followed.
VI.Disciplinary Process
  • A.Alleged or suspected violations of Department Rules and Regulations, directives, or orders by any sworn or civilian member of the Chicago Police Department, with the exception of temporary Department employees, as designated by the Human Resources Division, (i.e., seasonal temporary and internship program employees) will be processed in accordance with the provisions of this directive.
  • B.The following directives set forth rights, responsibilities, and procedures for conducting investigations relative to disciplinary matters:
    • 1.Department Member’s Bill of Rights
    • 2.Specific Responsibilities Regarding Misconduct
    • 3.Conduct of Complaint Investigations
    • 4.Special Situations Involving Misconduct
    • 5.Complaint Summary Reporting and Review Procedures
    • 6.Sustained Complaint Options
    • 7.Summary Punishment
(Items indicated by italics/double underline have been added or revised)
Garry F. McCarthy
Superintendent of Police
08–118 MAV/MWK
PHONE BOOK:
1.
Independent Police Review Authority (IPRA)
PAX 0114
2.
Crime Prevention Information Center (CPIC)
PAX 0100 / 0254
24 Hours
ADDENDA:
1.G08-01-01 - Department Member's Bill of Rights
2.G08-01-02 - Specific Responsibilities Regarding Allegations of Misconduct