Chicago Police DepartmentGeneral Order G08-01-01
Department Member Bill of Rights
Issue Date:04 May 2018Effective Date:04 May 2018
Rescinds: 17 March 2013 Version
Index Category:Professionalism
I.Purpose
This directive delineates certain rights afforded Department members relative to allegations of misconduct and disciplinary procedures.
II.Department Member Bill of Rights
  • A.The interrogation of a Department member, other than in the initial stage of the investigation, will be scheduled at a reasonable time, preferably while the member is on duty or, if feasible, during daylight hours.
  • B.The interrogation, depending upon the allegation, will normally take place at either the member’s unit of assignment, the Civilian Office of Police Accountability (COPA), the Bureau of Internal Affairs (BIA), or other appropriate location.
  • C.Prior to an interrogation, the Department member under investigation will be informed of the identity of the person in charge of the investigation, the interrogation officer, the identity of all persons present during the interrogation, and will be advised whether the interrogation will be audio recorded. When a formal statement is being taken, all questions directed to the member under interrogation will be asked by and through one interrogator.
  • D.Unless the Superintendent of Police specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event that occurred five years prior to the date the complaint or allegation became known to the Department will be made the subject of a Complaint Investigation or be re-opened or re-investigated after five years from the date the Log Number was issued.
  • E.No anonymous complaint made against a Department member will be made the subject of a Complaint Investigation unless the allegation is a violation of the Illinois Criminal Code, the criminal code of another state of the United States, or a criminal violation of a federal statute.
  • F.No anonymous complaint regarding residency or medical policy abuse will be made the subject of a Complaint Investigation until verified. No ramifications will result regarding issues other than residency or medical policy abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical policy abuse, unless of a criminal nature as defined in the preceding paragraph.
  • G.Immediately prior to the interrogation of a Department member under investigation, the member will be informed in writing of the nature of the allegations/complaint and the names of all reporting parties.
  • H.The length of the interrogation sessions will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls, and rest.
  • I.A Department member under interrogation will not be threatened with transfer, dismissal, or disciplinary action or promised a reward as inducement to provide information relating to an incident under investigation or for exercising any rights contained herein. The Department will not retaliate in any manner against any Department member who cooperates in a Department disciplinary investigation.
  • J.A Department member under investigation will be provided with a copy of any formal statement the member has made per the member’s collective bargaining agreement.
    NOTE:
    Formal statements include audio-recorded statements or question and answer statements made by Department members.
  • K.If the allegation under investigation indicates that a recommendation for separation is probable against the member, the member will be given Administrative Proceedings Rights—Statutory (CPD-44.105) or, if the allegation indicates that criminal prosecution is probable against the member, the member will be given the Criminal Rights (CPD-44-104) concerning self-incrimination prior to the commencement of interrogation.
  • L.A Department member under interrogation will have the right to be represented by counsel of his or her own choice and to have that counsel present at all times during the interrogation and, at the request of the member under interrogation, the member will have the right to be represented by his or her collective bargaining unit. The interrogation will be suspended for a reasonable time until representation can be obtained.
  • M.If a Department member provides a statement during the investigation conducted promptly following a shooting incident and then is later interrogated by COPA or BIA as part of an investigation related to such incident, before the interrogation, the member will be provided with a copy of the portion of any official report that purportedly summarized their prior statement.
  • N.If, prior to taking a Department members statement, COPA or BIA is in possession of video or audio recorded evidence relevant to the investigation, they may use their discretion on whether to advise or not advise the Department member of such evidence, and may or may not allow the Department member to review the video or audio recorded evidence prior to taking the Department members statement. A Department member who is not allowed to review the video or audio recorded evidence prior to giving a statement will not be charged with a Rule 14 violation unless the Department member has been presented with the video or audio recorded evidence and given the opportunity to clarify and amend his or her original statement. The Department will not charge a member with a Rule 14 violation unless the Department member willfully made a false statement and the false statement was made about a fact relevant to the investigation.
  • O.Department members being interviewed as a witness who are bargaining members will have the right to be represented by their collective bargaining unit. The interview will be suspended for a reasonable time until representation can be obtained, but in no case more than forty-eight hours from the time the member is informed of the interview and the general subject matter thereof, until their counsel or their representative can be obtained; provided that, in any event, interviews in shooting cases may be postponed for no more than two hours.
  • P.A civilian Department member being interviewed will have the right to be represented by a union representative in accordance with applicable existing union contracts. The interview will be suspended for a reasonable time until representation can be obtained.
  • Q.When a Department member is required to give a formal statement in the presence of an observer as a witness in a disciplinary investigation other than summary punishment or as a witness in a police-related shooting investigation, at the request of the member, the interview will be conducted in the following manner:
    • 1.The interview of the member will be scheduled at a reasonable time, preferably while the member is on duty or, if feasible, during daylight hours.
    • 2.The interview, depending on the nature of the investigation, will normally take place at either the member’s unit of assignment, COPA, BIA, or other appropriate location.
    • 3.Prior to an interview, the member being interviewed will be informed of the identity of the person in charge of the investigation, the interviewing member, the identity of all persons present during the interview, whether the interview is being audio recorded, and the nature of the allegations/complaint, including the date, time, location, and relevant RD number, if known. When a formal statement is being taken, all questions directed to the member being interviewed will be asked by and through one interviewer.
    • 4.To the extent required by the member's collective bargaining agreement, the member will be provided with a copy of any formal statement the member has made.
      NOTE:
      Formal statements include audio-recorded statements or question and answer statements made by Department members.
    • 5.Members being interviewed will, upon their request, have the right to be represented by counsel of their own choice and to have that counsel present at all times during the interview, or at the request of the member being interviewed.
      • a.Members who are a bargaining unit member represented by the Fraternal Order of Police will have the right to be represented by the Fraternal Order of Police who will be either a police officer on leave to work for the Fraternal Order of Police or a retired police officer working for the Fraternal Order of Police.
      • b.The member’s counsel and/or representative, if any, will only advise the member but will not in any other way interfere with the interview. The interview will be postponed for a reasonable time, but in no case more than forty-eight hours from the time the member is informed of the request for an interview and the general subject matter thereof, until their counsel or their representative can be present; provided that, in any event, interviews in shooting cases may be postponed for no more than two hours.
      • c.The length of interviews will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls, and rest.
      NOTE:
      Items II-Q-1 through 5 of this directive do not apply to questions from supervisors in the course of performing their normal day-to-day supervisory duties or to requests to prepare detailed reports or To-From-Subject reports, except To-From-Subject reports that relate to a police-related shooting.
    • 6.If a Department member provides a statement during the investigation conducted promptly following a shooting incident and then is later interviewed by COPA or BIA as part of an investigation related to such incident, before the interview, the member will be provided with a copy of the portion of any official report that purportedly summarized his or her prior statement.
  • R.The Department will not compel a member under investigation to speak or testify before, or to be questioned by, any non-governmental agency relating to any matter or issue under investigation.
III.Rights of "Shooting Members" in Member-Involved Shooting Incidents
  • A.This section applies only to the administrative investigation into a member-involved shooting incident conducted by COPA, and not to any of the other investigations into these incidents conducted by the Department or the Cook County State’s Attorney's Office.
  • B.The time of the shooting incident will be the time when the statement-taking clock begins. The time of the shooting incident will be established by the Department based on pertinent communications by and among Department members during the immediate reporting and aftermath of the incident.
  • C.The shooting member(s) will be required to give his or her statement to COPA at the COPA offices, or any other mutually agreed upon location, no earlier than twenty-four hours after the shooting incident.
  • D.Statements may be given any time between 0600 and 1800 hours. When this Item is combined with Item III-C, some shooting members will have more than twenty-four hours, depending upon the time of the shooting incident, to provide their statements to COPA. For instance, a shooting member in an incident that occurred at 2100 hours on Monday cannot be required to give their statement to COPA prior to 0600 hours on Wednesday. However, a shooting member in an incident that occurred at 1750 hours on Monday can be required to give their statement at 1750 hours on Tuesday.
  • E.Nothing in the timeline specified in Items III-C and D will prevent:
    • 1.shooting members, their legal counsel, and COPA from voluntarily agreeing to give their statement to COPA sooner than twenty-four hours after the incident;
    • 2.COPA, at its sole and exclusive discretion, from deciding to postpone the taking of a statement from a shooting member until a time more than twenty-four hours after the time of the shooting incident.
  • F.COPA will provide each shooting member with a written form indicating that the shooting member’s statement is a compelled statement prior to the commencement of the member giving a statement.
  • G.The shooting member will have the right to have legal counsel and/or a bargaining agreement member present during the statement-giving process.
  • H.When a shooting member advances a claim that they are unable to provide a statement within the time period specified in Items III-C and D, COPA will handle these claims on an individual basis, making a reasonable inquiry into the reasons for the member’s claim, and accepting at face value all good faith claims of a member’s inability to provide a statement.
Eddie T. Johnson
Superintendent of Police
17-085 CAW/JAB