HomeMy WebLinkAboutG9-21 Ordinance No. G9-21
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 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:
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
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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."
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.
David-J. a in, ayor
Presented: February 10, 2021
Passed: February 10, 2021
Vote: Yeas: 8 Nays: 1 � `
Recorded: February 10 2021 '7'j 'rdsM
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Published: February 12 2021 W
Kimberly Dewis,VCilerk
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