Chicago Police DepartmentSpecial Order S08-01-03
Complaint Summary Reporting and Review Procedures
Issue Date:04 May 2018Effective Date:04 May 2018
Rescinds:20 May 2016 Version
Index Category:Professionalism
I.Purpose
This directive sets forth reporting procedures and provides for command review.
II.Procedures For All Department Complaint Investigations Completed by Department Members
  • A.In investigations where:
    • 1.there is a finding of misconduct by a Department member(s) that results in a disciplinary recommendation that exceeds a five-day suspension, the investigator will prepare an automated Summary Report using the Automated Complaint System (ACS);
    • 2.the result is unfounded, exonerated, not sustained, or sustained and does not exceed a five-day suspension, the investigator will prepare an automated Summary Report Digest.
  • B.The investigator will ensure that either the Summary Report or the Summary Report Digest, as applicable, contains the:
    • 1.employee number of the known accused member; and
    • 2.finding of the allegation. For sustained cases, the Summary Report or the Summary Report Digest must also include:
      • a.the number(s) of the Department Rules and Regulations that was violated;
      • b.the text of the rule(s);
      • c.a statement indicating when, where, and how the rule was violated by the accused member; and
      • d.the recommended disciplinary action.
  • C.For all Complaint Register Investigations, the investigator will submit the final report of a Complaint Register Investigation to his or her exempt unit commanding officer or designee, who will review the investigation.
III.Command Channel Review
  • A.The first-level exempt member in the accused member’s chain of command, upon receipt of a final report of a Complaint Register Investigation, will review the investigation to ascertain the adequacy and timeliness of the Complaint Register Investigation, determine that any recommendation is appropriate, and judge the soundness of the conclusions and the findings, including returning the Complaint Register Investigation for further action, if necessary.
  • B.Complaint Register Investigations that do not meet the criteria of command channel review by the First Deputy Superintendent, outlined in Item III-E of this directive, will normally require two levels of exempt-member review. Upon a finding of concurrence by the second-level exempt member, the investigative report will be routed to the Bureau of Internal Affairs or the Civilian Office of Police Accountability (COPA), as appropriate.
  • C.Each level of command channel review, once received in the Automated Complaint System, must be completed within fifteen calendar days. If the review is not completed within this time, the assigned member is deemed to concur with the proposed findings and recommendations as listed.
    NOTE:
    Mediation agreements (CPD-44.255) are not subject to the Command Channel Review process.
  • D.A command channel review exempt member who:
    • 1.determines that additional investigation is necessary will reject the Complaint Register Investigation and identify the reason(s) for rejection and the area(s) of concern within the command channel review comments section;
      NOTE:
      For non-COPA investigations, if the Complaint Register Investigation is rejected by the first-level exempt member, the Complaint Investigation will be returned to the investigating member for immediate action.
    • 2.disapproves the findings or recommendation will indicate a detailed justification supporting the alternate conclusion in the command channel review comments section;
    • 3.approves the final Complaint Register Investigation will indicate concurrence on the appropriate command channel review page and submit the original investigation to the Advocate Section, BIA, for command channel review routing;
    • 4.has insufficient space in the command channel review comments section to provide detailed instructions, justifications, and/or alternate conclusions will attach a To-From-Subject report with any supporting documentation to the Complaint Register Investigation via the ACS;
    • 5.determines there is evidence in sustained findings that indicates any culpability by supervisory personnel for the violation (failure of supervisory personnel at any level of command to hold subordinates accountable requires disciplinary action) and, if culpability is apparent, the exempt member will obtain a separate Log Number and the Complaint Register Investigation will be conducted by BIA or COPA, as appropriate.
  • E.Complaint Register Investigations meeting the below criteria will be subject to command channel review by the First Deputy Superintendent if:
    • 1.the second-level command channel review exempt member is not available in the accused member's chain of command;
    • 2.the allegation(s) is sustained with a penalty recommendation of a suspension of sixteen days or more.
    • 3.the accused member is alleged to have committed a crime, including domestic battery;
    • 4.an allegation was or could be made to the Equal Employment Opportunity Officer (including allegations of cultural bias, sexual harassment, or other violations prohibited by prevailing employment laws);
    • 5.an exempt member is the accused;
    • 6.the accused member is assigned to a unit under the Office of the Superintendent;
    • 7.command channel review is resubmitted after an initial non-concurrence.
  • F.In those cases where there are conflicting determinations by the command channel review exempt members, the Advocate Section, BIA, will determine the appropriate exempt member for additional command channel review.
  • G.In those cases with a sustained finding, the original Complaint Register Investigation and additional documentation supporting an alternate conclusion will be submitted through command channel review to the appropriate bureau chief.
    • 1.Upon review and approval by the bureau chief, the Complaint Register Investigation will be routed to BIA or COPA, as appropriate.
    • 2.Following the approval of the bureau chief, no new allegation(s) may be added by anyone, except the Superintendent, without consulting the chief who approved the final CR investigation.
IV.Adjudication
Police Board Review of Suspension
  • A.The Police Board review of suspension is:
    • 1.a review of the written investigative case file only. An accused member is not afforded the opportunity to personally appear and testify before the board in such instances;
    • 2.conducted pursuant to Article IV of the Police Board Rules of Procedure. http://www.chicagopoliceboard.org.; and
    • 3.conducted pursuant to a member's collective bargaining agreement.
  • B. If the member chooses an option that requires a written report or supporting documentation, it is the member’s responsibility to ensure the written report is received in a timely manner.
(Items indicated by italics/double underline have been added or revised)
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-085 CAW/JAB