HomeMy WebLinkAboutG56-22 Ordinance No. G56-22
AN ORDINANCE
AMENDING SECTION 2.52.165 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "INTERNAL INVESTIGATIONS", REGARDING INTERNAL
INVESTIGATIONS OF MEMBERS AND EMPLOYEES OF THE POLICE DEPARTMENT
WHEREAS,the City Council has determined to further 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 2.52.165 of the Elgin Municipal Code, 1976, as amended,
entitled "Internal Investigations:" be and is hereby further amended to read as follows:
"2.52.165: INTERNAL INVESTIGATIONS:
A. 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.
B. 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. Notwithstanding the foregoing, the city council may in its
discretion select an outside entity to conduct such internal investigations which has
working within the same firm or company a current or former member of law
enforcement, provided however, in such event, such current or former member of law
enforcement shall not participate in or have any involvement with any such internal
investigation.
C. Except as provided in this section, the Mayor and members of the City Council shall
not communicate directly with the outside person or entity retained by the City to
conduct such internal investigations. In the event the Mayor and members of the City
Council wish to ask questions or obtain information from such outside person or entity
such communications shall be directed through city staff. In the event the Mayor and
members of the City Council wish to have direct communication with such outside
person or entity, the Mayor and members of the City Council shall request the city
manager to contact such outside person or entity and have them appear at a city council
meeting such that the direct communication is conducted with the entire City Council
at a city council meeting."
Section 3. 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 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
i,
Da id J. Kapt ' , M4 or
Presented: September 14, 2022
Passed: September 14, 2022
Vote: Yeas: 6 Nays: 3 'm
Recorded: September 14, 2022
Published: September 14, 2022 = T,
A st: .t4
6•
Kimberly Dewis, it Clerk
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