Chicago Police DepartmentSpecial Order S08-01-04
Sustained Complaint Options
Issue Date:04 May 2018Effective Date:04 May 2018
Rescinds:17 March 2013 Version
Index Category:Professionalism
I.Purpose
This directive:
  • A.delineates procedures relative to suspensions.
  • B.identifies the responsibilities and options of members disciplined for misconduct.
  • C.designates responsibility for maintenance of disciplinary records.
II.Suspension/Options
  • A.When a Department member is suspended, a Suspension Notification form (CPD-44.102), will be electronically forwarded to the member’s unit of assignment/detail by the Finance Division.
  • B.If a Department member, facing suspension, is on extended medical roll or injured on duty for an extended period of time, the unit commanding officer will ensure:
    • 1.that the Suspension Notification is delivered to the member being suspended, or to an adult member of the member’s household. If two personal attempts to serve the member results in no response, one copy of the Suspension Notification may be left at the residence address the member has reported to the Department. The original will be:
      • a.signed by the person attempting to serve the notification;
      • b.electronically attached to the Automated Complaint System (ACS) within twenty-four hours of the second attempted service.
    • 2.service of the Suspension Notification to the member by:
      • a.giving the member one copy of the notification;
      • b.signing and indicating the date and time of service on the original and electronically attaching it to the ACS within twenty-four hours of service.
    • 3.notify the Civilian Office of Police Accountability (COPA) or the Bureau of Internal Affairs (BIA), as appropriate, after the Suspension Notification has been served or left at the member’s residence.
  • C.Options to suspension may be granted by the Superintendent to a member who has been ordered suspended for a specified number of days.
    NOTE:
    The suspended member’s unit commanding officer, any superior officer in the chain of command, the Chief, BIA, or Chief Administrator, COPA, may recommend that the Superintendent not grant options to suspension.
  • D.The Superintendent may permit the member to satisfy all or part of the suspension by:
    • 1.forfeiting of:
      • a.compensatory time earned,
      • b.days of accumulated vacation/furlough time up to one-half of the member’s authorized vacation/furlough,
      • c.one or more of the member’s personal days or authorized baby furlough days, or
      • d.any combination of the above and accumulated vacation/furlough days not to exceed one-half of the member’s authorized vacation/furlough.
    • 2.working regular scheduled days off without compensation if the affected member is exempt from the overtime compensation provisions of the Federal Fair Labor Standards Act (i.e., not subject to mandatory time and one-half pay rate compensation for overtime hours worked according to provision of the Act). These members will not be allowed to satisfy a suspension by working regular scheduled days off without compensation on paid holidays established by City Ordinance and may not exceed the limit of working one regular scheduled day off without compensation per calendar week unless a three day weekend is involved, in which case the member may work two regular scheduled days off.
  • E.When the Superintendent has signed a suspension order and has granted options to suspension, the order will be electronically forwarded to the Finance Division.
  • F.The Finance Division will prepare an Election/Rejection of Options to Suspension (CPD-61.416) and will forward the original and one copy to the unit of assignment/detail of the member facing suspension.
  • G.Upon receipt of the forms at the member’s unit of assignment/detail, the station supervisor or unit commanding officer will:
    • 1.inform the member that options to suspension have been granted by the Superintendent;
    • 2.record the date and time the member was notified on each copy of the form, and affix their signature;
    • 3.advise the member that they must complete and return the original copy of the form within seventy-two hours after the date and time of the notification recorded on the form if the member elects to exercise options to suspension.
  • H.When the member returns a completed Election/Rejection of Options to Suspension within the seventy-two hour time period and the form indicates the member elects to exercise options, the unit timekeeper will complete the certification of compensatory time earned, vacation/furlough time, personal days, and authorized baby furlough days accredited to the member, sign the form, and forward it to the Finance Division without unnecessary delay.
  • I.When the member fails to return a completed Election/Rejection of Options to Suspension within the seventy-two hour time period, it will be a rejection of the options. In such cases, after the seventy-two hour period of time has elapsed without a response from the member, the unit commanding officer will indicate “Options Rejected,” and forward the form to the Finance Division.
  • J.If a member of the Department is ordered suspended for more than thirty days, the City of Chicago will not make the premium payment for the member’s hospitalization insurance. In such instances, the Human Resources Division will notify the suspended member, by certified mail, of the action the member must take to ensure the continuation of any insurance coverage during the period of suspension.
  • K.A sworn member who is suspended will turn in their star, shield, and identification card to their unit commanding officer. A civilian member suspended will turn in their identification card to their unit commanding officer. The commanding officer will ensure that the Equipment Transaction Receipt (CPD-62.141) is completed. The surrendered items will be returned to the member upon their return to duty. Failure to surrender required items will result in further disciplinary action against the member.
  • L.A sworn member of the Department remains bound by the Rules, Regulations, directives, and orders of the Chicago Police Department while on suspension. A sworn member of the Department while on suspension will not:
    • 1.exercise the police powers of a Chicago Police Officer;
    • 2.carry a firearm;
    • 3.be required to appear at court hearings in cases in which they were the arresting officer when such hearings are scheduled during the period of time the member will be on suspension, unless subpoenaed.
  • M.In the event:
    • 1.a sworn member is scheduled to appear at a court hearing while on suspension, unless subpoenaed, they will notify a supervisor in their unit of assignment immediately upon learning they will be unable to appear at the scheduled court call, but no later than one hour before the scheduled court call;
    • 2.a unit receives notification of court cases requiring the appearance of a member during such member’s period of absence, and there is no other arresting officer available, the unit of assignment/detail of the member will request continuances of the cases to a date subsequent to the member’s scheduled return to duty.
  • N.Expungement of Records of Complaints
    • 1.The Chief, BIA, will ensure the applicable provisions of any collective bargaining agreement are adhered to regarding the expungement or destruction of disciplinary investigation files involving Department members. If the following Items (II-N-2 through 4) conflict with any contract, the member’s contract will take precedence.
    • 2.Members represented by the Fraternal Order of Police, Chicago Lodge 7 bargaining unit.
      • a.Disciplinary investigation files, other than Police Board cases, will be destroyed/purged by the BIA five years after the date of the incident or the date upon which the violation is discovered, whichever is longer, except that not sustained files alleging criminal conduct or excessive force shall be retained for a period of seven years after the date of the incident or the date upon which the violation is discovered, whichever is longer, and thereafter, cannot be used against the member in any future proceedings in any other forum, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five year period. In such instances, the case files normally will be destroyed/purged from the ACS five years after the date of the final arbitration award or the final court adjudication unless a pattern of sustained infractions exists.
      • b.Any adverse employment information which may be contained in any unfounded, exonerated, or otherwise not sustained file, shall not be used against the member in any future proceedings. Information contained in files alleging excessive force or criminal conduct which are not sustained may be used in future disciplinary proceedings to determine credibility and notice.
      • c.A finding of Sustained-Violation Noted, No Disciplinary Action entered upon a member’s disciplinary record or any record of Summary Punishment may be used for a period of time not to exceed one year and shall thereafter be destroyed and purged from the member’s disciplinary record and not used to support or as evidence of adverse employment action.
    • 3.Members represented by the Policemen’s Benevolent and Protective Association of Illinois (PBPA), Unit 156, Sergeants, Lieutenants, and Captains and American Federation of State, County, and Municipal Employees (AFSCME).
      • a.Disciplinary investigation files, other than Police Board cases, will be destroyed/purged by the BIA five years after the date of the incident or the date upon which the violation is discovered, whichever is longer and, therefore, will not be used against the member in any future disciplinary proceedings, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five year period. In such instances, the files will be destroyed/purged from the ACS five years after the date of the final arbitration award or the final court adjudication, unless a pattern of sustained infractions exists.
      • b.Any adverse employment information which may be contained in any unfounded, exonerated, or otherwise not sustained file, shall not be used against the member for any reason.
      • c.A finding of Sustained-Violation Noted, No Disciplinary Action entered upon a member’s disciplinary record or any record of Summary Punishment may be used for a period of time not to exceed one year and shall thereafter be destroyed and purged from the member’s disciplinary record and not used to support or as evidence of adverse employment action.
    • 4.Civilian members represented by collective bargaining units.
      • a.Disciplinary investigation files, other than Police Board cases, will be destroyed/purged by the BIA five years after the date of the incident or the date upon which the violation is discovered, whichever is longer and, therefore, will not be used against the member in any future disciplinary proceedings, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five year period. In such instances, the files will be destroyed/purged from the ACS five years after the date of the final arbitration award or the final court adjudication, unless a pattern of sustained infractions exists.
      • b.Any information of an adverse employment nature which may be contained in any unfounded, exonerated, or otherwise not sustained file, shall not be used against the member for any reason.
      • c.Any record of discipline may be retained for a period of time not to exceed eighteen months and shall thereafter not be used as the basis of any further disciplinary action, unless a pattern of sustained infractions exists. A pattern shall be defined as at least two substantially similar offenses during said eighteen-month period.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-085 CAW/JAB