HomeMy WebLinkAboutG24-20 Ordinance No. G24-20
AN ORDINANCE
REGARDING INTERNAL INVESTIGATIONS OF MEMBERS
AND EMPLOYEES OF THE POLICE DEPARTMENT
WHEREAS, the City Council has determined to amend certain procedures relating to
internal investigations regarding alleged misconduct of members of the city's police department;
and
WHEREAS,pursuant to Article VII, Section 6 of the Illinois Constitution,the City of Elgin
is a home rule unit and as a home rule unit may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the establishment and amendment of procedures relating to internal
investigations regarding allegations of misconduct by members and employees of the city's police
department pertains to the government and affairs of the city.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the foregoing recitals are hereby incorporated into this ordinance in
their entirety by this reference, as if fully restated herein.
Section 2. That Section 2.44.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Corporation Counsel; Duties:" be and is hereby further amended by amending
subparagraph F thereof relating to the office of professional standards to read as follows:
"F. The Corporation Counsel shall supervise the Office of Professional Standards and
the Professional Standards Officer. The Office of Professional Standards shall be the
investigative authority and the Professional Standards Officer shall have the authority to
investigate, and to issue findings for, all internal investigations regarding City officers or
employees and regarding the operations of City departments,programs,functions and those
doing business with the City. All such investigations shall be conducted under the authority
of the Professional Standards Officer. The Professional Standards Officer shall review all
investigations. Notwithstanding the foregoing; or anything else to the contrary in this
subsection, pursuant to Section 2.52.165 of this code, internal investigations of allegations
of certain misconduct by sworn police officers or other employees of the Elgin Police
Department shall be investigated by an outside person or entity retained by the City and
not by the Professional Standards Officer.All City officers,employees and City contractors
are required to cooperate in investigations with the Professional Standards Officer or with
individuals assigned by the Professional Standards Officer to conduct such investigations.
Other City officers or employees assigned to conduct internal investigations by the
Professional Standards Officer shall report on such investigations directly to the
Professional Standards Officer. The Professional Standards Officer shall have the authority
to prepare and issue rules and procedures with respect to investigations. The Professional
Standards Officer shall perform such other duties as directed by the City Manager or by
the Corporation Counsel or as otherwise provided in this Code. Investigations regarding
the Mayor or a member of the City Council, the City Manager, the Corporation Counsel,
the Professional Standards Officer, the Police Chief, the Fire Chief or the Chief Financial
Officer/Budget Director shall be reported to the City Council. Investigations may also be
conducted by an outside person or entity retained by the City when the City Council, City
Manager or Corporation Counsel determine that such an investigation by an outside person
or entity is in the best interests of the City."
Section 3. That Chapter 2.52 of the Elgin Municipal Code, 1976, as amended, entitled
"Police Department" be and is hereby further amended by adding a new section 2.52.165 thereto
entitled "Internal Investigations:" to read as follows:
"2.52.165: INTERNAL INVESTIGATIONS:
Internal investigations regarding allegations of misconduct of sworn police officers or
other employees of the Elgin Police Department shall be conducted by an independent
outside person or entity retained by the city for any of the following types of matters: use
of force; breach of civil rights; discrimination; criminal misconduct; incidents where a
police officer or a citizen sustain a serious injury or death; or any other formal
investigations defined as any matter that may be the basis for filing charges seeking
removal, discharge or suspension in excess of three (3) days. The outside person or entity
retained by the city to conduct such internal investigations shall simultaneously issue
written findings in a report to the chief of police,the mayor and members of the city council
on any such investigation. All city officers and employees are required to cooperate in
such investigations conducted by such an outside person or entity. Any outside person or
entity retained by the city to conduct such an internal investigation shall not be a current
or former member of law enforcement or related to a current or former member of law
enforcement. For the purposes of this section, related to a current or former member of
law enforcement shall mean currently working within the same firm or company with a
current or former member of law enforcement or having a member of such person's family
as a current or former member of law enforcement. For the purposes of this section,
members of such person's family shall be defined to mean such person's spouse, fiance,
children, parents, siblings, in-law parents or in-law siblings."
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 6. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kap m, Wyor
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Presented: June 24, 2020
Passed: June 24, 2020
Vote: Yeas: 9 Nays: 0
Recorded: June 24, 2020
Published: June 25, 2020
A es
Kimberly Dewis, City Clerk .
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