Chicago Police DepartmentSpecial Order S08-01-02
Special Situations Involving Allegations of Misconduct
Issue Date:01 December 2017Effective Date:01 December 2017
Rescinds:17 July 2015 Version
Index Category:Professionalism
I.Purpose
This directive identifies certain special situations and sets forth procedures for their investigation and processing.
II.Special Situations
  • A.Indebtedness
    Allegations of indebtedness to the City will be processed pursuant to the provisions of the Department directive entitled “Indebtedness to the City of Chicago.”
  • B.Arrest Warrants and Judicial Nontraffic Summons for Department Members
    • 1.In the event a warrant clerk prepares an application for a warrant against a member of the Department, the warrant clerk will:
      • a.ascertain if a Log Number has been obtained;
      • b.immediately notify their immediate supervisor when a Log Number has not previously been obtained;
      • c.accompany the reporting party to court and inform the judge that the person against whom the allegation is being filed is a member of the Chicago Police Department and that the matter is being investigated by the Department;
      • d.notify the  Crime Prevention and Information Center (CPIC) and forward a copy of all relevant documentation to the Bureau of Internal Affairs (BIA).
    • 2.When a member determines that the person named in the warrant is a member of the Department, the member will notify their supervisor who will determine if a Log Number has been issued. If a Log Number is not assigned, the supervisor will obtain one and record it on the Arrest Report (CPD-11.420-C).
    • 3.Whenever a Department member is subjected to a physical arrest by the Chicago Police Department for other than a traffic or conservation offense, the case will be set for a court hearing within (5) five days after the date of arrest and a Log Number will be immediately obtained.
    • 4.Whenever a Department member is subjected to a physical arrest for a traffic or conservation offense, the arresting officer will set a case for a court hearing in accordance with existing Department directives, notify CPIC and the BIA, and a Log Number will be immediately obtained.
  • C.Polygraph Examination
    • 1.When a polygraph examination of a Department member is deemed necessary, the reporting party will be requested to take a polygraph examination first.
    • 2.If the reporting party does not take the polygraph exam, the accused member will not be requested to take a polygraph exam.
    • 3.If the reporting party takes the polygraph exam and the results indicate deception, the accused member may be requested to take a polygraph exam covering those issues wherein the examiner determines that the reporting party is truthful.
    • 4.When the polygraph is used, the accused member will be advised in writing of any questions the Department will request an answer 24 hours prior to the administering the test.
    • 5.If the accused member requests to take a polygraph exam, the member may do so. However, a member shall not be disciplined for refusal to take a polygraph exam, and the results of the polygraph exam shall not be admissible as evidence in proceedings before the Police Board or in any proceedings where the member may appeal to the Police Board, unless by Illinois or Federal Court decision or Illinois Statute such evidence becomes admissible before the Police Board.
  • D.Personal Injury Traffic Crashes Involving Off-Duty Department Members
    • 1.When a field unit responding to a personal injury traffic crash investigation becomes aware that the crash involves an off-duty Department member, the responding unit will request a field supervisor assigned to the district of occurrence to respond to the scene.
    • 2.The field supervisor will respond to the scene and determine if impairment from alcohol or other substances is evident.
      • a.If impairment from alcohol or other substances is not evident, the traffic crash investigation will be processed consistent with the Department directive entitled “Preliminary Investigations -Traffic Crashes.”
      • b.If impairment is suspected, in addition to ensuring compliance with the provisions outlined in Item II-E of this directive, the field supervisor will notify the station supervisor in the district of occurrence and  CPIC .
  • E.Allegations of Impairment - On or Off Duty
    • 1.Allegations of impairment include:
      • a.Driving Under the Influence (DUI).
      • b.Alcohol Intoxication.
        Alcohol intoxication means that a person’s mental or physical functioning is substantially impaired as a result of the use of alcohol.
      • c.Being under the Influence of Drugs.
        Drugs include but are not limited to the following - cannabis as defined in 720 ILCS 550/3 and controlled substances as defined in Chapter 720, Article II of the Illinois Compiled Statutes, or as amended.
      • d.Being under the Influence of a Combination of Alcohol and Drugs.
    • 2.Whenever a sworn member or reporting party makes an allegation against a Department member relating to impairment, both on or off duty, regardless of whether the incident involves a vehicle, the procedures outlined below will be followed.
    • 3.The responsible command or supervisory member will:
      • a.make an immediate notification to the station supervisor in the district of occurrence and CPIC;
        NOTE:
        CPIC will notify the BIA call-out supervisor;
      • b.immediately respond to the scene of the incident and ensure adherence to Department policies and procedures;
      • c.obtain a Log Number and prepare an initiation report;
      • d.ensure a complete preliminary criminal investigation is conducted;
      • e.ensure that a To-From-Subject report is obtained from each member having knowledge of the circumstances surrounding the incident prior to the end of their tour of duty;
      • f.prepare a To-From-Subject report summarizing the investigation;
      • g.maintain control of the scene until the arrival of the call-out BIA supervisor, who will conduct the administrative phase of the investigation.
    • 4.The assigned BIA call-out supervisory member will:
      • a.advise the accused member when the preliminary segment of the criminal investigation has been terminated, regardless of whether or not the accused member is subsequently charged with a violation of 625 ILCS 5/11-501. The preliminary segment of the criminal investigation will be terminated if the accused member has not completed or has refused to comply with any of the tests required in the investigation of allegations of Driving While Under the Influence of Alcohol, Drugs or a Combination Thereof-Implied Consent (625 ILCS 5/11-501), as applicable.
      • b.prepare a Notification of Charges/Allegations (CPD-44.115) and Administrative Proceedings Rights (CPD-44.105), present it to the accused member, and request the accused member read and sign the notification which will acknowledge that they have received a written copy of the specific allegations made against them.
      • c.complete an Administrative Alcohol/Drug Influence Report (CPD-44.130) and:
        • (1)order the accused member to complete the “Field Sobriety Tests,” the results of which will be recorded on the Administrative Alcohol/Drug Influence Report.
          NOTE:
          If the circumstances require the presence of a exempt member from the BIA, the exempt member will sign the report to verify that the test was conducted in accordance with Department policy.
        • (2)order the accused member to submit to a visual examination, the results of which will be recorded in the “Observations” section of the Administrative Alcohol/Drug Influence Report.
        • (3)order the accused member to submit to a breath test, the results of which will be entered into the “Breath Test” section of the Administrative Alcohol/Drug Influence Report.
        • (4)order the accused member to submit a urine specimen if:
          • (a)physically incapable of taking a breath test and not hospitalized;
          • (b)the results of the breath test are inconclusive;
          • (c)the results of the breath test are inconsistent with the degree of impairment; or
          • (d)the allegation focuses upon drugs.
        • (5)if collecting a urine specimen, ensure the specimen is:
          • (a)collected in a manner that will preserve the dignity of the accused member and ensure the integrity of the sample;
          • (b)collected in the presence of the call-out supervisor only if the call-out supervisor is of the same sex as the accused member. If the call-out supervisor is not of the same sex as the accused member, arrangements will be made to have a supervisory sworn member of the same sex as the accused member witness the collection of the urine specimen. The call-out supervisor will submit a To-From-Subject report identifying the sample collection site, the date and time of the collection, the identity of the witness to the collection, and any other circumstances pertaining to the investigation, prior to the end of that tour of duty;
          • (c)turned over to the call-out supervisor who is responsible for ensuring that the urine specimen is properly secured in accordance with established division-level standard operating procedures, pending laboratory processing.
        • (6)order the accused member to answer the questions in the “Interview” section of the Administrative Alcohol/Drug Influence Report.
          NOTE:
          The assigned BIA call-out supervisory member will ensure the accused member is given their administrative rights and, if requested, is given a reasonable time to obtain the counsel of their choosing prior to any administrative interview related to the allegation of impairment.
    • 5.If the accused member has complied with all the provisions of the Department directive entitled “Driving While Under The Influence and Zero Tolerance,” it will not be necessary to complete an Administrative Alcohol/Drug Influence Report for the administrative phase of the investigation. The BIA call-out supervisor will:
      • a.photocopy the completed Alcohol/Drug Influence Report;
      • b.insert the words “Administrative Phase” in the DUI Citation Number section (top center) of the Alcohol/Drug Influence Report;
      • c.write “DNA” (Does Not Apply) over the Court Information section of the Alcohol/Drug Influence Report;
      • d.write the Log Number in the Traffic Court Unit/C.B. Number section of the Alcohol/Drug Influence Report; and
      • e.scan the photocopied report as an attachment to the administrative phase of the Automated Log report.
    • 6.If the accused member refuses to complete or comply with any tests required in conjunction with the administrative phase of the investigation, a violation of the Department Rules and Regulations, “Disobedience of an Order or Directive Whether Written or Oral,” will be added to the administrative charges against the accused member.
    • 7.All completed reports and forms relating to the incident will be distributed in accordance with the Department directive entitled “Driving While Under the Influence and Zero Tolerance” after scanning and electronically attaching them in the ACS. The administrative phase reports will not be included in the court file/transmittal.
  • F.Allegations of Miscellaneous Drug Related Activity - On or Off Duty
    • 1.Allegations of miscellaneous drug related activity include but are not limited to a member’s:
      • a.unauthorized involvement with a person or enterprise engaged in the illegal use, sale, delivery, manufacture, purchase, or possession of drugs;
        NOTE:
        For the purpose of this directive, the meaning of the words “person” and “enterprise” will be understood to be that of the definitions provided in Chapter 725, Act 175, Section 3, of the Illinois Compiled Statutes.
      • b.illegal sale, delivery, manufacture, purchase, possession, or use of drugs.
    • 2.Whenever an allegation against a Department member concerning any of the above categories of conduct is received, the responsible supervisory member will obtain a Log Number.
    • 3.The investigation of all criminal charges, where applicable, will be conducted in conformance with existing Department procedures.
    • 4.Whenever there is a reasonable belief that the accused member is involved in illegal drug-related activity, or reasonable grounds to believe that the accused member is personally using illicit drugs or misusing legally prescribed or dispensed medications, after a Log Number has been obtained, the accused member will be required to submit a urine specimen in accordance with the procedures established in Item II-E-4-b through c of this directive.
  • G.Allegations of Misconduct By Another Department Member
    • 1.Whenever an allegation of misconduct is made against another Department member or a Department member believes they have received an unlawful order, the member alleging misconduct will immediately notify, prepare, and submit a To-From-Subject report of the alleged allegation(s) to their immediate supervisor unless the immediate supervisor is the member accused of the misconduct. If a member is accusing their immediate supervisor of misconduct, the member will submit a To-From-Subject report to the member’s next level supervisor in the member’s chain of command.
      NOTE:
      All equal employment opportunity complaints will be filed in accordance with the procedures established in the Department directive entitled “Equal Employment Opportunity Policy.”
    • 2.The supervisory member notified of the allegation of misconduct will:
      • a.obtain a Log Number;
      • b.ensure that a To-From-Subject report is obtained from each member having knowledge of the circumstances surrounding the incident prior to the end of their tour of duty.
    • 3.The Log Number investigation and the preliminary investigation of all criminal charges, where applicable, will be conducted in conformance with existing Department procedures.
  • H.Allegation of Misconduct for a Member Striking a Person with an Object
    Whenever an allegation of misconduct for a member striking a person with an object is made, the station supervisor will ensure that:
    • 1.a Log Number is obtained and a field supervisor is assigned to conduct a preliminary investigation and complete an initiation report;
    • 2.an evidence technician is requested to inventory the item(s) allegedly used;
    • 3.the assigned evidence technician hand-carries the inventoried item(s) to the Forensic Services Division;
    • 4.COPA is notified and provided with the applicable inventory numbers;
    • 5.the member reports to:
      • a.CPIC, if necessary, to obtain temporary replacement of the Department prescribed affected item (e.g., flashlight, baton).
      • b.the Education and Training Division, if necessary, to obtain temporary replacement of the Department prescribed firearm.
  • I.Repeated Minor Infractions
    Department members who have repeated minor infractions will, in addition to any disciplinary action, be processed in accordance with the Department directive entitled “Personnel Concerns Program.”
  • J.Civil Suits Against Department Members
    Allegations against Department members contained in a civil complaint will be handled in accordance with the Department directive entitled “Disseminating Information in Civil or Criminal Legal Actions and in Civil Suits Against Department Members.” However, if the complaint alleges conduct which would be a violation of Department rules, regulations, or directives and has not been the subject of a previous investigation, a Log Number will be obtained.
  • K.Verbal Abuse
    • 1.Allegations of verbal abuse against a Department member which includes the use of profane, insolent, or disrespectful language, will require the assigned supervisory member to obtain a Log Number.
    • 2.If the incident:
      • a.falls within the scope of the Nondisciplinary Intervention Program, BIA will process the incident consistent with the existing procedures established under the Department directive entitled, “Nondisciplinary Intervention Program.”
      • b.does not fall within the scope of the Nondisciplinary Intervention Program, BIA or COPA, as appropriate, will process and/or investigate the incident consistent with the existing procedures.
  • L.Orders of Protection Against Sworn Members
    The following procedures are applicable to any order of protection issued by either the criminal or civil court.
    • 1.A member who is a respondent in an order of protection may be ordered by the court to surrender the member’s duty firearm(s) and the member’s non-duty related firearms as one of the remedies listed on a “plenary” (permanent) order.
    • 2.When a member is notified or made aware of an order of protection (regardless of the source) where the member is the “respondent” or if the member receives notice that the petitioner has sought modification and reopening of a “current” order of protection, the member will:
      • a.immediately prepare a To-From-Subject report indicating the date and time the member became aware of the existence of or modification to the order of protection. The report will also include the date and time of any future court appearance of which the member is aware. In addition, the member will list the Log Number and date of incident of any pending Log Number investigation, if known by the member.
      • b.submit the report, with copies of all documents, to the member’s station supervisor/unit commanding officer for review and forwarding.
    • 3.The station supervisor/unit commanding officer will review and approve the member’s To-From-Subject report and immediately forward the original report, with copies of all documents, to the General Counsel, Office of the Superintendent, and forward additional copies to the Bureau Chief, BIA, the Chief Administrator, COPA, and to the member’s exempt unit commanding officer to be retained in unit files.
    • 4.COPA will be responsible, upon receipt of the report, to review its records to determine if a Log Number has been issued against the member for the incident that precipitated the issuance of the order of protection. If a Log Number has not been initiated, COPA will be responsible to review the order of protection and all documents and issue a Log Number. The BIA will maintain a file of all current orders of protection (including expiration date) issued against Department members for access by supervisory personnel.
    • 5.If a member is subject to an order of protection issued in another state, the member will submit a To-From-Subject report outlining the circumstances as prescribed in Item II-L-2 of this directive. COPA will be responsible for investigating the circumstances and will obtain a Log Number, if appropriate.
    • 6.If at some future date, a member receives a written court order issued by a judge that allows the member to possess firearms, the member will prepare a To-From-Subject report to the member’s exempt commanding officer, attaching a copy of that order. The station supervisor/unit commanding officer will forward the report as directed in Item II-L-3 of this directive.
    • 7.The Evidence and Recovered Property Section will not release a member’s firearm(s) inventoried pursuant to Item II-L of this directive without the express written authorization of the BIA.
  • M.Prohibition on the Consumption of Alcohol Prior to Reporting for Duty
    • 1.Exempt and sworn Department members are prohibited from consuming alcohol within the four-hour period preceding the start of a previously scheduled shift or after receiving notice to report for duty, in compliance with any applicable collective bargaining agreement.
    • 2.Whenever a reporting party and/or witness, upon signed affidavit, or sworn member makes an allegation against a Department member relating to the prohibition on the consumption of alcohol prior to reporting for duty, the responsible exempt or supervisory member will:
      • a.make an immediate notification to the station supervisor in the district of occurrence and CPIC.
        NOTE:
        CPIC will notify the BIA call-out supervisor;
      • b.immediately respond to the scene of the incident and ensure adherence to Department policies and procedures;
      • c.obtain a Log Number;
      • d.ensure that a To-From-Subject report is obtained from each member having knowledge of the circumstances surrounding the incident prior to the end of their tour of duty;
      • e.prepare a To-From-Subject report summarizing the investigation;
      • f.maintain control of the scene until the arrival of the call-out BIA supervisor, who will conduct the administrative phase of the investigation.
      • g.forward all completed reports and forms relating to the incident, including a copy of the breath test results, in accordance with the procedures established in the directive entitled "Complaint Summary Reporting and Review Procedures."
    • 3.The assigned BIA call-out supervisory member will:
      • a.prepare a Notification of Charges/Allegations (CPD-44.115) and Administrative Proceedings Rights (CPD-44.105), present it to the accused member, and request the accused member read and sign the notification which will acknowledge that they have received a written copy of the specific allegations made against them;
      • b.complete an Administrative Alcohol/Drug Influence Report (CPD-44.130) and:
        • (1)order the accused member to submit to a visual examination, the results of which will be recorded in the “Observations” section of the Administrative Alcohol/Drug Influence Report.
        • (2)order the accused member to submit to a breath test, the results of which will be entered into the “Breath Test” section of the Administrative Alcohol/Drug Influence Report.
        • (3)order the accused member to answer the questions in the “Interview” section of the Administrative Alcohol/Drug Influence Report.
          NOTE:
          The assigned BIA call-out supervisory member will ensure the accused member is given their administrative rights and, if requested, is given a reasonable time to obtain the counsel of their choosing prior to any administrative interview related to the allegation of consumption of alcohol prior to reporting for duty.
      • c.forward all completed reports and forms relating to the incident, including a copy of the breath test results, in accordance with the procedures established in the directive entitled "Complaint Summary Reporting and Review Procedures."
    • 4.If the accused member refuses to comply with any test pursuant to this process, it is a violation of the Department Rules and Regulations, (e.g., disobedience of an order or directive whether written or oral), and will result in additional administrative charges against the member, which may include discipline up to and including separation.
  • N.When a department member is involved in a criminal investigation and is subject to interview or questioning by a member of a CPD investigations unit, a member of the next higher rank will be present for any interview or questioning.
III.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 Department directive entitled “Summary Punishment” will be followed.
NOTE:
If the misconduct is of the type investigated by COPA, it must be reported to COPA. Neither admonishments or summary punishment may be unilaterally implemented by the Department for the types of misconduct investigated by COPA.
IV.Department Member’s Involvement With Any Outside Law Enforcement Agency, Governmental or Lawful Investigatory Entity
  • A.Department members will immediately submit a To-From-Subject report to their exempt unit commanding officer whenever they are under investigation by any outside law enforcement agency or governmental or lawful investigatory entity, or have knowledge that another member is under investigation by any law enforcement agency or governmental or lawful investigatory entity, regardless if the member has been contacted by that agency/entity.
  • B.The exempt unit commanding officer will immediately forward the original copy of the report to the Bureau Chief, BIA. A copy will also be retained in unit files.
V.Department Members Arrested By Any Law Enforcement Agency, Governmental or Lawful Investigatory Entity
  • A.Department members subjected to a physical arrest by any law enforcement agency or governmental or lawful investigatory entity, will immediately submit:
    • 1.a To-From-Subject report, including the Log Number (if known) to their exempt unit commanding officer to include the following: date, time, and location of arrest; arresting agency; charge(s); information of the incident related to the arrest; court location, date, and time; and copies of any related documents.
    • 2.subsequent To-From-Subject reports, including the Log Number (if known) to their exempt unit commanding officer as soon as the member is aware of:
      • a.new or future court date(s)/locations, status hearing(s), or trial date(s).
      • b.the final disposition of the case.
  • B.The exempt unit commanding officer will immediately forward the original copy of the report and supporting documents, if any, to the Bureau Chief, BIA. A copy will also be retained in unit files.
(Items indicated by italics/double underline have been added or revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-154 RCL/TPF
PHONE BOOK:
1.
Crime Prevention Information Center (CPIC)
5-6300/pax 6191
24 Hours
2.
Crime Prevention Information Center (CPIC)
5-6300/pax 6191
24 Hours