Chicago Police DepartmentGeneral Order G08-01
Complaint and Disciplinary Procedures
Issue Date:04 May 2018Effective Date:04 May 2018
Rescinds:07 June 2017 Version
Index Category:Professionalism
I.Purpose
This directive:
  • A.outlines the complaint and disciplinary process policy.
    NOTE:
    Department members will refer to the Department 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.OEMC Media/Data Request form (OEMC-109);
    • 4.Suspension Notification (CPD-44.102);
    • 5.Request for Interview/Statement/Report (CPD-44.103);
    • 6.Criminal Rights (CPD-44.104);
    • 7.Administrative Proceedings Rights—Statutory (CPD-44.105);
    • 8.Waiver of Counsel/Request to Secure Counsel (CPD-44.106);
    • 9.Investigator’s Checklist (CPD-44.108);
    • 10.Summary Report (CPD-44.112);
    • 11.Summary Report Digest (CPD-44.112-A);
    • 12.Command Channel Review (CPD-44.113);
    • 13.Command Channel Review—Sustained Case Log Number (CPD-44.113-A);
    • 14.Request for Time Extension—Log No. (CPD-44.114);
    • 15.Notification of Charges/Allegations (CPD-44.115);
    • 16.Infraction Report (CPD-21.116);
    • 17.Sworn Affidavit for Log Number Investigation—English/Spanish (CPD-44.126);
    • 18.Override Affidavit—Bureau of Internal Affairs (CPD-44.128-A);
    • 19.Override Affidavit—Independent Police Review Authority (CPD-44.128-B);
    • 20.Administrative Alcohol/Drug Influence Report (CPD-44.130);
    • 21.Request For Photographs/BIA (CPD-44.164);
    • 22.Notification RE: Automated Complaint (CPD-44.217);
    • 23.Waiver of/Request for Police Board Review of Suspension (CPD-44.222);
    • 24.Investigator Unable to Contact Reporting Party/Victim/Witness—English/Spanish (CPD-44.223);
    • 25.Request for Review of Discipline—Reprimands and Suspensions From One to Ten Days (CPD-44.246);
    • 26.Request for Review of Discipline—For Discipline of Eleven to Thirty Days (CPD-44.251-A);
    • 27.Request for Review of Discipline—For Discipline of 31 to 365 Days (CPD-44.251-B);
    • 28.Consent to Audio Record Statement—Non-Department Members (CPD-44.260);
    • 29.Receipt of Formal Statement—Department Members (CPD-44.261);
    • 30.Notification of Duty Restrictions—Civilian Members (CPD-44.300);
    • 31.Notification of Duty Restrictions Form—Sworn Members (CPD-44.301);
    • 32.Termination of Complaint—English/Spanish (CPD-44.304);
    • 33.Release of Duty Restriction—Sworn Members (CPD-44.306);
    • 34.Release of Duty Restrictions—Civilian Members (CPD-44.307); and
    • 35.Election/Rejection of Options to Suspension (CPD-61.416).
  • C.states Department policy relating to complaint and disciplinary procedures.
  • D.defines the terms associated with the Automated Complaint System (ACS).
  • E.outlines the procedures and specific responsibilities related to the ACS 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 consistent with the provisions outlined in this directive 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 collective bargaining agreements between the City of Chicago, Department of Police, and Department members.
  • B.All members will comply with the Rules and Regulations of the Chicago Police Department, directives, and orders. Members that 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 consistent thorough investigative process. Prompt, thorough investigations will be conducted into allegations of misconduct to establish facts that can absolve the innocent and identify the guilty.
  • C.Certain rights afforded to Department members relative to the conduct of a disciplinary investigation are set forth in the Department directive titled “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 that were assumed upon appointment to the Department.
  • D.Only Bureau of Internal Affairs (BIA) interviews will be audio recorded to ensure compliance with the policy and procedures of this directive consistent with BIA standard operating procedures.
III.Definitions
  • A.Acknowledgment—an electronic confirmation by a member using his or her Department log on username (PC number) and password. The electronic acknowledgment has the full effect as that of the member’s written signature. If 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 Number 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 are further classified by type:
    • 1.Complaint Register (CR) Numberthe type given to a full disciplinary investigation.
    • 2.CONF—the prefix added to any other type to indicate a Log Number that is confidential in nature.
    • 3.EO—the type given to an extraordinary incident (e.g., death in custody, suicide in custody, attempt suicide in custody).
    • 4.INFO—the type given to an incident that has not been converted into an investigation due to an unsigned Sworn Affidavit by a reporting party.
    • 5.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.
    • 6.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.
    • 7.V—the type given to an incident involving a motor vehicle accident with fatalities including any death resulting from a motor vehicle accident if the law enforcement officer was engaged in law enforcement activity off duty.
    • 8.MISC—the type given or added to any miscellaneous incident not fitting a specific type category.
  • E.Reporting Party—a person (sworn, civilian, or community member) that brings an incident involving a Department member that may be investigated to the attention of the Department.
  • F.Shooting Member—a sworn Department member that has discharged a firearm (on or off duty).
  • G.Sworn Affidavit—a sworn written statement by a non-Department member certifying that the statement is true and correct under penalties provided by law.
    NOTE:
    A copy of a sworn affidavit may be provided to a reporting party upon request.
  • H.Sworn Affidavit Override—an action taken by the Chief Administrator, Civilian Office of Police Accountability (COPA), or the Chief, BIA, 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 situations when:
  • A.criminal conduct is alleged anonymously;
  • B.a violation of the medical policy is alleged;
  • C.a residency violation is alleged;
  • D.the reporting party is a Department or COPA member; or
  • E.there is a sworn affidavit override approved by either the Chief Administrator, COPA, or the Chief, BIA, as appropriate.
    NOTE:
    A Sworn Affidavit for a Log Number Investigation (CPD-44.126) is not required when the only accused is a civilian member.
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, (e.g., the conduct of the member indicates a repetitive pattern of irregularities) the procedures contained in the Department directive titled “Summary Punishment” will be followed.
VI.Disciplinary Process
(Items indicated by italics/double underline have been added or revised.)
Eddie T. Johnson
Superintendent of Police
17-085 CAW/JAB
PHONE BOOK:
1.
Crime Prevention Information Center (CPIC)
5-6300/pax 6191
24 Hours
ADDENDA:
1.G08-01-01 - Department Member Bill of Rights
2.G08-01-02 - Specific Responsibilities Regarding Allegations of Misconduct