Chicago Police DepartmentSpecial Order S08-01-05
Summary Punishment
Issue Date:04 May 2018Effective Date:04 May 2018
Rescinds:30 November 2016 Version
Index Category:Professionalism
I.Purpose
This directive:
  • A.continues the Automated Summary Punishment Action Request System (Automated SPAR).
  • B.defines the scope of summary punishment .
  • C.identifies acts and omissions which are considered less serious transgressions .
  • D.outlines procedures to be followed in administering summary punishment to sworn and civilian members of the Department.
  • E.provides penalty guidelines for supervisory and command members to ensure uniformity in administering summary punishment.
  • F.continues the responsibilities and procedures for the generation and approval of Automated SPAR reports.
II.General Information
  • A.Members who have the right to have bargaining unit representation may exercise that right at hearings, if such representation is available at the time of the hearing. The Department will not unreasonably defer or postpone its intended disciplinary action because of the unavailability of a member’s representative.
  • B.A Department member initiating summary punishment procedures will be cognizant of the affected member’s collective bargaining agreement (e.g., American Federation of State, County, and Municipal Employees [AFSCME] pre-disciplinary provisions) prior to initiating summary punishment.
  • C.Nothing in this directive precludes obtaining a Log Number when it is deemed appropriate.
  • D.If a member develops a history of repeated less serious transgressions, a Log Number may be obtained.
  • E.Summary punishment may be used to process allegations of misconduct made by Department or Civilian Office of Police Accountability (COPA) members.
    NOTE:
    Summary punishment will not be used to process allegations of misconduct made by members of the public. A Log Number will be obtained in such instances.
  • F.Supervisors will exercise discretion in the application of summary punishment. Supervisory counseling and discretion will be administered prior to the application of summary punishment when the transgression allows for such action. Care will be taken to ensure that critical assignments are not left uncovered as a result of the application of summary punishment.
  • G.Each level of review within the unit has the authority to recommend an alternate penalty within the applicable schedule.
  • H.Action recommended under summary punishment procedures will not bar a recommendation for a more severe penalty by a higher level of authority.
  • I.When the hearing officer determines, in light of the totality of the circumstances, that the scheduled penalty is too severe, the hearing officer may recommend a summary punishment disciplinary action which is less than the minimum scheduled penalty.
  • J.Exempt members and captains—Senior Executive Service (SES)—may only be disciplined by reprimand or a finding and recommendation of “violation noted, no disciplinary action” for conduct defined as a less serious transgression. This provision does not preclude the initiation of a Log Number investigation.
  • K.The Chief, Bureau of Internal Affairs, has the authority to implement the approved penalty following final waiver or exhaustion of the appeal process.
  • L.In all cases where a member is entitled to a hearing, a To-From-Subject report requesting a hearing or a request entered in the provided data field within the Automated SPAR System will be required by the end of the member’s next tour of duty or within ninety-six hours, whichever period is shorter. Failure to submit a report within the prescribed time limit constitutes a waiver of any future hearing.
    NOTE:
    The To-From-Subject report or request entered within the Automated SPAR system must include supporting information to justify a hearing. Unsubstantiated requests for a hearing will not necessitate a hearing.
III.Less Serious Transgressions
  • A.The list of less serious transgressions is as follows:
    • 1.Being unfit for duty for reasons other than those that justify action under a Log Number investigation.
    • 2.Absence without permission under conditions that do not necessitate a Log Number investigation.
    • 3.Violation of medical roll procedure under conditions that do not necessitate a Log Number investigation.
      • a.Failure to notify a supervisor within one hour of the member’s scheduled start time.
      • b.Failure to report in person to the Medical Services Section for a fitness for duty evaluation on the second day of a medical absence.
      • c.Absent from the member’s residence without permission or notifying his or her unit of assignment or detail during a supervisory home visit (medical check) while on stationary recuperation.
    • 4.Tardiness in reporting for duty or for required court appearance.
    • 5.Failure to appear in court or to notify superiors of an inability to appear.
    • 6.Failure to:
    • 7.Failure to wear/carry Department-issued equipment properly, maintain authorized equipment (e.g., failure to replace authorized items worn beyond serviceability), or wear a properly adjusted and fastened seat safety belt, as delineated in the Department directive entitled “Operation of Department Vehicles—Use of Seat Safety Rules.”
    • 8.Failure of a sworn member to comply with the requirements outlined in Department directives concerning Department and personal weapons or ammunition.
    • 9.Failure to report back in service immediately upon completion of an assignment or to notify the dispatcher when leaving the location of an assignment for any reason.
    • 10.Taking excessive time for lunch or personal reasons.
    • 11.Failure to provide prompt, correct, and courteous police service.
    • 12.Failure, while on patrol duty, to give full attention to the prevention of crime as a result of:
      • a.lounging on or about the location of a primary or secondary assignment.
      • b.unnecessary visiting with members of the general public.
      • c.visiting with other Department members except for the exchange of information relating to their duties.
      • d.parking Department vehicles in such a manner that serves no useful police purpose.
    • 13.Transporting persons in a Department vehicle except for a proper police purpose or on Department business.
    • 14.Congregating in an eating establishment with two or more officers while on duty without the prior approval of an immediate supervisor.
    • 15.Being absent from or leaving a duty assignment without being properly relieved or without proper authorization before the prescribed time or at the end of the tour of duty.
    • 16.Failure to perform assigned tasks.
    • 17.Possessing a commercial-type electronic device (e.g., radio/music device, television, digital video disk (DVD), or digital media player) while on duty. The possession and use of a personal camera, camera phone, audio recorder/player, or field glasses, while on duty and without the authorization of a supervisor, is also prohibited.
      EXCEPTION:
      Taking video or pictures with Department-issued electronic communication devices as a part of official business as delineated in the Department directive entitled “Department-Issued Electronic Communication Devices.”
    • 18.Reading commercial publications in public view while on duty.
    • 19.Inattention to duty.
      • a.Failure of a Department member to submit official reports within the prescribed amount of time delineated in Department directives.
      • b.Failure of a Department member to report an incident within the guidelines delineated in Department directives.
    • 20.Misuse of Department equipment and supplies (e.g., failure to secure a Department radio).
    • 21.Failure to acknowledge or respond promptly to a radio-dispatched call or a call assigned via Portable Data Terminal (PDT), or to investigate a silent radio for possible failure when an unusual period of time has elapsed without radio transmission (i.e., radio redline).
    • 22.Failure to perform any duty.
      • a.Failure to purchase or display a valid City of Chicago Vehicle Wheel Tax license (city sticker) or State of Illinois vehicle registration license (license plate sticker).
      • b.Failure to pay their indebtedness to the City of Chicago.
      • c.Failure to file a Statement of Financial Interests with the Board of Ethics per Municipal Code of Chicago.
    • 23.Failure to comply with the Department directives regarding inventoried property which can be returned to owners or seized or recovered property that can be disposed of legally in instances when a case has been adjudicated in court.
    • 24.Failure to comply with the Department directive entitled “No Smoking Policy” or holding a cigarette, cigar, or pipe in the mouth (including chewing or smokeless tobacco) while on-duty, in official contact with the public.
    • 25.Driving a Department vehicle involved in a traffic crash classified as “preventable.”
    • 26.Failure of a supervisory member to take appropriate action upon observing a less serious transgression.
    • 27.Failure of a sworn member to comply with the requirements outlined in Department directives concerning motor vehicle pursuits when the chairperson of the Traffic Review Board determines that a summary punishment, rather than a Log Number investigation, would best achieve the goals of the Department.
    • 28.Failure to follow proper Department procedures related to compensatory time.
    • 29.Failure of an off-duty or on-duty Department member to properly identify him or herself as a member of the Chicago Police Department upon request.
    • 30.Neglect of duty.
    • 31.Conduct unbecoming of a Department member—instances when a Department member acts in a manner which degrades or brings disrespect to the Department or a Department member.
    • 32.Failure to comply with the Department directive entitled “Processing Property Under Department Control,” in reference to inventorying non-arrestees property.
    • 33.Failure to comply with traffic reporting/enforcement-related duties.
      • a.Failure of a Department member to comply with Department directives related to the processing of a traffic-related bond.
      • b.Failure of a Department member to comply with Department directives related to the completion of a Personal Service Traffic Citation.
      • c.Failure of a Department member to comply with Department directives related to a traffic crash investigation.
      • d.Failure of a Department member to appropriately address a traffic violation committed in their presence.
    • 34.Failure to comply with the Department directive entitled “Processing Persons Under Department Control.”
      • a.Failure to comply with Department directives related to bonding arrestees.
      • b.Failure of a Department member to conduct a thorough search of a person under Department control or failure to conduct a thorough search of a Department facility or vehicle subsequent to processing or transporting a prisoner.
      • c.Failure to comply with the Department directives regarding prisoners' inventoried property.
      • d.Failure to issue a Personal Property Receipt (CPD-11.502) to a prisoner upon inventorying his or her personal property.
      • e.Failure to comply with the Department directive entitled “Processing Persons Under Department Control” related to communication privileges with the arrestee’s attorney, family member, or friend.
  • B.A less serious transgression will be identified by both number and explanatory statement of the transgression.
IV.Summary Punishment Guidelines
  • A.The penalty recommended for a less serious transgression (other than preventable Department vehicle traffic crashes) will be based upon the affected member’s summary punishment history and complimentary history for the twelve months preceding the date of the current transgression.
    NOTE:
    A Department member’s Department vehicle traffic crash history may be considered in determining discipline for a period of time not to exceed two years from the date of the current incident, provided there is no intervening preventable Department vehicle traffic crash. If such intervening traffic crash exists, the two-year period shall continue from the date of the most recent traffic crash and any prior preventable incidents may be considered for disciplinary purposes. In no event shall any prior incident five or more years old be considered.
    EXAMPLE:
    Current crash: October 2016
    Most recent crash: September 2014 (two years and one month).
    Decision: September 2014 crash cannot be considered.
    Justification: There were no intervening crashes within two years of the current crash.
    EXAMPLE:
    Current crash: October 2016.
    Most recent crash: October 2015 (one year from current crash).
    Prior crash: July 2014 (two years and three months from October 2016 crash and one year three months from October 2015 crash).
    Prior crash: August 2012 (one year and eleven months from July 2014 crash; four years and two months from current crash).
    Prior crash: September 2011 (five years and one month from current crash).
    Decision: The October 2015, July 2014, and August 2012 crashes may all be considered.
    Justification: The most recent intervening crash was the October 2015 crash. Traffic crashes two years prior to that date may be considered. Also, since there was an intervening crash (July 2014) within the second two-year period, the Department may go back a subsequent two years to include the August 2012 crash. The September 2011 crash cannot be considered; it occurred more than five years prior to the current crash.
  • B.Department policy requires implementation of a summary punishment penalty immediately following the decision of the final review authority.
  • C.The affected member is afforded the right to determine how to satisfy a recommended summary punishment penalty. Members may opt to substitute accrued compensatory time or forfeit a furlough day(s), baby furlough day(s), or personal day(s) as an alternative to being excused without pay, disciplinary.
  • D.Timekeepers will note the appropriate code on the Attendance and Assignment Record (CPD-11.605-C) whenever a member, pursuant to summary punishment penalty implementation, is day off without pay.
  • E.Loss of wages as a result of being absent without permission will not be considered summary punishment served.
  • F.A member who elects to proceed through the grievance procedure will submit his or her written grievance in accordance with the provisions of the Department directive entitled “Grievance Procedures.”
V.Procedures
  • A.Initiation and Response
    • 1.When the use of summary punishment is deemed appropriate, the supervisor initiating the action will:
      • a.confer with the station supervisor/unit commanding officer of non-exempt rank regarding the particulars of the incident and determine the most appropriate course of corrective action;
      • b.generate a SPAR utilizing the Automated SPAR System ensuring that:
        • (1)both the “Number” and “Nature of the Less Serious Transgression” selected on the SPAR coincide with the number and nature of the observed transgression.
        • (2)the “Detailed Description of Incident” portion of the SPAR accurately describes the pertinent circumstances of the incident.
        • (3)all collective bargaining agreements are met, including members of AFSCME, and are afforded the predisciplinary provisions outlined in their collective bargaining agreement which affords them a copy of all investigatory reports/statements concerning the investigation, including the name of the reporting party and any witness(es).
        • (4)the recommended penalty is within the applicable penalty schedule enumerated in this directive.
      • c.review the affected member’s summary punishment history and complimentary history to determine the appropriate penalty recommendation;
      • d.when an incident that requires summary punishment action involves multiple less serious transgressions, record all of the transgressions and designate one transgression as the “primary transgression”;
      • e.direct the affected member to acknowledge service of the SPAR by instructing the member to enter their PC Login ID and Password.
      NOTE:
      Whenever an affected member is immediately excused without pay or is absent without permission, the supervisor initiating the action will prepare a Personnel Action Request (CPD-11.612), with the approval of the station supervisor/unit commanding officer of nonexempt rank, and forward it to the Finance Division for payroll purposes.
    • 2.Upon notification from a supervisor that a SPAR requires a response, the affected member will:
      • a.log into the Automated SPAR System;
      • b.indicate his or her response by:
        • (1)accepting the recommended penalty and select either “Member Requests to be Excused Without Pay” or “Member Requests to Forfeit Days/Time,” or
        • (2)refusing to accept the recommended penalty, or
        • (3)requesting a Summary Punishment Action/Penalty Appeal hearing and preparing a To-From-Subject report or enter the request in the provided data field within the Automated SPAR System by the end of the next tour of duty or within ninety-six hours, whichever period is shorter. The report will detail the affected member’s reason(s) for appealing the recommended summary punishment action.
          NOTE:
          Failure to submit a To-From-Subject report or in the provided data field requesting an appeal hearing within the prescribed time limits constitutes a waiver of any future hearings.
    • 3.Upon return of a SPAR from an affected member, the initiating supervisor will review it to determine what further action is necessary.
      • a.If the member has refused to accept the SPAR recommendation, the initiating supervisor will select the “Refused/Unable to Sign” box.
      • b.When an affected member has either attached a To-From-Subject report or directly entered the request in the Automated SPAR System to request a Summary Punishment Action/Penalty Appeal hearing, the initiating supervisor will prepare and attach a To-From-Subject report responding to the information supplied in the member’s report and, when necessary, include relevant information not previously incorporated on the SPAR or other related reports.
      • c.When a member’s prescribed time limit for requesting an appeal hearing has elapsed, the initiating supervisor will notify the affected member’s exempt unit commanding officer that the SPAR requires their attention.
  • B.Exempt Member Review
    • 1.The affected member’s exempt unit commanding officer will log into the Automated SPAR System and review the SPAR and any attachments.
    • 2.If the affected member has accepted the initiating supervisor’s disciplinary recommendation and such recommendation is approved, the unit commanding officer will select “Approve SPAR” and select “Submit.”
    • 3.If the member has requested a Summary Punishment Action/Penalty Appeal hearing pursuant to policy, the commanding officer will conduct the hearing. Following the hearing, the unit commanding officer will:
      • a.inform the affected member of his or her decision;
      • b.in the “Remarks” section of the SPAR indicate the reason(s) for supporting or altering the initial recommendation and select “Submit”;
      • c.instruct the affected member to indicate his or her response choice in the SPAR application;
      • d.inform the affected member, if entitled, of the right to request an appeal hearing with the next higher-ranked member in the member’s chain of command. A To-From-Subject report or a request entered in the provided data field within the Automated SPAR System will be submitted by the end of the member’s next tour of duty or within ninety-six hours, whichever period is shorter;
      • e.if the member has refused to accept the SPAR recommendation or indicates a request for an additional appeal hearing, the unit commanding officer will:
        • (1)select the “Refused/Unable to Sign” box or the “Request Hearing” data field, as appropriate, and
        • (2)inform the member, if entitled, of the right to appeal the secondary finding by submitting a To-From-Subject report requesting an appeal hearing by the end of the member’s next tour of duty or within ninety-six hours, whichever period is shorter.
      EXCEPTION:
      The chairperson of the Traffic Review Board or a designee will conduct the hearing when the Summary Punishment was requested by the Traffic Review Board.
    • 4.Exempt member review is not afforded to members of AFSCME.
      NOTE:
      All sworn members are eligible to an appeal/hearing regardless of how the SPAR was originated.
  • C.Second Level Exempt Appeal
    • 1.The appropriate member of higher rank will conduct an appeal hearing with the affected member. The Deputy Chief, Education and Training Division, will conduct hearings for Probationary Police Officers (PPO).
    • 2.Upon notification of a member requesting an appeal hearing, the hearing officer will:
      • a.review the SPAR and all related attachments.
      • b.schedule, notify, and conduct a Summary Punishment Action/Penalty Appeal hearing with the affected member.
    • 3.At the appeal hearing, the hearing officer will complete the SPAR by:
      • a.reviewing all relevant facts relating to the SPAR with the affected member;
      • b.entering the date and time of the appeal hearing in the space provided;
      • c.rendering a disciplinary action/penalty decision and entering it in the system;
      • d.informing the affected member of the decision before concluding the appeal hearing;
      • e.electronically submitting the SPAR;
      • f.directing the affected member to acknowledge the SPAR.
  • D.Upon notification that a SPAR requires their attention, unit timekeepers will:
    • 1.log into the Automated SPAR system;
    • 2.retrieve the affected member’s SPAR;
    • 3.select: “Excused Without Pay,” “Compensatory Time,” “Personal Days,” “Baby Furlough Days,” or “Vacation Days” to satisfy the approved number of days recommended to satisfy a SPAR recommendation; and
      NOTE:
      The affected member is afforded the right to determine how to satisfy the number of days recommended (e.g., Compensatory Time, Personal Days).
    • 4.close the SPAR by selecting “Submit.”
  • E.Upon notification that a Department member selected to be “Excused Without Pay” to satisfy a SPAR recommendation, members assigned to the Finance Division who are responsible for Automated SPAR review will:
    • 1.log into the Automated SPAR system;
    • 2.retrieve the affected member’s SPAR;
    • 3.deduct the number of approved days to satisfy a SPAR recommendation; and
    • 4.close the SPAR by selecting “Submit.”
  • F.Records Retention
    All records relating to summary punishment will be retained in accordance with the existing records retention requirements and/or applicable laws.
VI.Challenge of Summary Punishment
  • A.After summary punishment has been administered three times within a twelve-month period, a member who wishes to contest the application of summary punishment on a fourth occasion within the last twelve months may contest the fourth and/or succeeding application of summary punishment by a timely challenge through the Log Number process or the grievance procedure.
  • B.A member who elects to proceed through the Log Number process will request his or her immediate supervisor to obtain a Log Number.
VII.Schedule of Penalties
The schedule of penalties will generally apply for all Department members being disciplined under the provisions of Summary Punishment. The Department may, however, elect to investigate conduct and invoke discipline under any of the provisions set forth in the directive entitled “Complaint and Disciplinary Procedures.”
  • A.The following schedule governs those less serious transgressions wherein a member has been found unfit for duty, has been absent without permission, has violated medical roll procedures, or wherein a supervisor has failed to take action.
    • 1.First Transgression—One to two days off.
    • 2.Second Transgression—One to three days off.
    • 3.Third and Subsequent Transgressions—Two to three days off.
  • B.The following schedule governs the transgression wherein a member was the driver of a Department vehicle involved in a traffic crash classified as “preventable.”
    • 1.First Transgression—Reprimand to two days off.
    • 2.Second and Subsequent Transgressions—One to three days off.
  • C.The following schedule governs all other less serious transgressions:
    • 1.First Transgression—Violation noted, no disciplinary action, to one day off.
    • 2.Second Transgression—Reprimand to two days off.
    • 3.Third Transgression—One to two days off.
    • 4.Fourth and Subsequent Transgressions—Two to three days off.
  • D.Investigating members will follow the SPAR Offense Table Guidelines and SPAR Matrix, located on the Bureau of Internal Affairs intranet website, when assessing the appropriate penalties for common performance-based transgressions being processed under the provisions of Summary Punishment.
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
17-085 CAW/JAB
GLOSSARY TERMS:
1. -
An alternative disciplinary procedure for conduct defined as a less serious transgression which is observed by or comes to the attention of a Department supervisor or command staff member.
2. -
An act or omission which warrants prompt and appropriate action but does not require a Log Number.
3. -
Personnel of command staff rank who conduct hearings with the affected member.
4. -
A request made by an affected member to have a hearing officer review the particular facts of a summary punishment application and render a decision regarding the action and/or penalty.