HomeMy WebLinkAboutG17-24 Ordinance No. G17-24
AN ORDINANCE
CREATING A CIVILIAN REVIEW BOARD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the Elgin Municipal Code, as amended, be and is hereby further
amended by adding a new Chapter 3.10 thereto entitled "Civilian Review Board" to read as
follows:
"CHAPTER 3.10
CIVILIAN REVIEW BOARD
3.10.010: Establishment and Purpose:
There is hereby established a civilian review board for the following purposes:
A. Review, evaluate, and make recommendations concerning the police department's
activities and efforts in promoting and achieving equity with respect to racial, gender,
and cultural diversity in officer recruitment and training;
B. Review, evaluate and make recommendations concerning the department's overall
relationship with the public;
C. Add an outside perspective to the evaluation of civilian complaints;
D. Review and evaluate the administration and consistency in the imposition of discipline
within the department with respect to civilian complaints;
E. Provide a timely, fair, and objective review of civilian complaints, the manner which
they are investigated and a recommendation to the chief as to proposed discipline prior
to imposition; and
F. Provide a systematic means to achieve continuous improvement in the interactions
between the public and police.
3.10.020: Definitions:
As used in this chapter, the following terms are defined as follows:
"Board" means the civilian review board created under this chapter;
"Chief' means the chief of police;
"Civilian complaint" shall mean a formal complaint submitted to any officer or employee
of the city by a member of the public regarding any member of the department or any
complaint received by the board in accordance with section 3.10.040A;
"Crime of dishonesty" means any offense defined as a felony by federal or state law or an
offense that involves dishonesty or false statements. As used in this chapter, a crime of
dishonesty does not include the mere possession of cannabis or a controlled substance or
related paraphernalia, or the unlawful purchase or possession of alcohol or tobacco by a
person under the age of 21.
"Department" means the police department;
"Disciplinary Act" means the Uniform Peace Officers' Disciplinary Act, 50 ILCS 725/1 et.
seq.
"Forcible felony" means an offense defined by section 2-8 of the Criminal Code of 2012,
720 ILCS 5/2-8, and includes any felony offense which involves the use or threat of
physical force or violence against any individual;
"Formal complaint" means a verified complaint that complies with the requirements of
section 3.9(b) of the Disciplinary Act;
"Formal investigation" shall have the same meaning as defined by the Disciplinary Act;
"Informal inquiry" shall have the same meaning as defined by the Disciplinary Act;
"Open Meetings Act" means the Open Meetings Act, 5 ILCS 120/et. seq.
3.10.030: General Duties:
A. In conjunction with city staff, to compile statistics concerning department interactions
with the public;
B. To provide periodic written reports and recommendations to the city council, the
department, and the public regarding matters within the board's scope of authority;
C. To provide written recommendations to the department as to changes in policies,
practices, and procedures aimed at developing a stronger relationship between the
department and the public;
D. To provide written recommendations as to methods of recruiting underrepresented
persons to become members of the department;
E. To conduct its duties in accordance with all provisions of applicable law and
ordinances, including but not limited to the Open Meetings Act, and the code of
conduct for members of city boards,commissions and committees; and
F. To develop rules and procedures necessary to carry the forgoing duties into execution.
Upon approval, the board secretary shall forward a copy of the board's rules and
procedures to the city manager who shall provide them to the city council for
presentation as an informational item.
3.10.040: Duties with Respect to Complaints:
The board shall:
A. Receive complaints from members of the public as to allegations of misconduct by
members of the department and shall refer the same to the department for review;
B. Receive information as to disposition of civilian complaints that did not result in the
commencement of a formal investigation received by the board;
C. Review the written findings and recommendations of formal investigations arising
from civilian complaints for the purpose of determining whether the investigation was
complete, thorough, objective, and fair,based on the following factors:
1. The thoroughness with which each allegation has been investigated;
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2. The extent to which witnesses or persons known to have information,
knowledge, or evidence pertaining to the allegation(s) were contacted or
interviewed;
3. The extent to which appropriate interviews were conducted with the
complainant, witnesses, involved officers or employees, and any other persons
having knowledge relating to the allegations;
4. The process of seeking, collecting, and maintaining evidence pertaining to the
investigation; and
5. The appropriateness of any recommended sanctions;
D. Prior to the imposition of any discipline resulting from a formal investigation of a
civilian complaint, prepare a written report to the chief as to the board's findings and
recommendations as to discipline;
E. Receive a timely report from the chief as to the ultimate disposition of the formal
investigation, including the discipline imposed and whether the disciplined member of
the department has sought review of the decision as may be provided in a collective
bargaining agreement;
F. Conduct its deliberations in closed session as allowed by the Open Meetings Act; and
G. In the exercise of its duties under this section:
1. Review the written report of the department's informal inquiry or formal
investigation of the civilian complaint;
2. Review any documentary evidence in the possession of the department of the
incident that is the subject matter of the civilian complaint, including but not
limited to incident reports, interview transcripts,and audio and video evidence;
and
3. Review all formal recommendations made to the chief by department personnel
or bodies with respect to discipline to be imposed as a result of a civilian
complaint prior to the making of its recommendation.
3.10.050: Composition and Terms:
A. The board shall consist of nine (9) members appointed by the city council. A quorum
of five (5) members of the board shall be required and sufficient for any action by the
board other than the adjournment of a meeting. Official action by the board may be
taken only pursuant to the vote of a majority of the quorum.
B. At its first meeting following the commencement of the terms of the board members,
the board shall elect from its membership a chairperson who shall serve a term of one
(1)year. The chairperson shall preside at all meetings of the board.
C. A selection committee shall be formed to review applicants for membership on the
board.The selection committee shall be five(5)persons consisting of the chief of police
or the chiefs designee, one (1) full-time police officer that is a member of the
bargaining unit representing said full-time police officers, and three (3) persons from
the Community Task Force on Policing. Persons serving on the selection committee
shall not be eligible for appointment to the board.The selection committee shall review
applications for membership on the board and conduct interviews of those applicants
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being considered for membership on the board. Following the completion of its review,
the selection committee shall issue its recommendation(s) to the city council for the
appointment(s). Said recommendations shall be issued no later than sixty (60) days
from the date on which applications for membership on the board were due to be
received by the city.
D. In making appointments under this section, the city council shall make reasonable
efforts to ensure an appropriate geographic representation of the entire city. At least
four(4)members of the board shall be appointed from each of the following areas:
1. That portion of the city located west of the Fox River; and
2. That portion of the city located east of the Fox River; and
E. Except as otherwise provided herein, each member appointed shall serve for a term of
three (3) years. Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which their predecessor was appointed, shall serve for the
remainder of such term. Of the appointments made by the city council to the board in
2024, three such members shall be appointed for terms of four (4) years, three such
members shall be appointed for terms of three (3) years, and three such members shall
be appointed for terms of two (2) years. All other appointments shall be for a term of
three(3)years except for members appointed to fill a vacancy of an unexpired term.
3.10.060: Qualifications and Training:
A. Prior to taking office,every person appointed to the board shall meet the qualifications
and complete the training herein required. All applicants and members shall attest,and
will be subject to a background check to verify, that they satisfy the qualifications for
office.
B. Qualifications for office.
1. All members of the board, at the time of their appointment and during their
service, shall be qualified electors of the city;
2. No person shall serve more than two full terms as a member of the board;
3. No person presently serving as an elected officer or employee of the city shall
serve on the board;
4. No person presently employed as a peace officer shall serve on the board;
5. No attorney actively engaged in the practice of criminal law or in the
prosecution or defense of litigation brought pursuant to 42 USC 1983 and
involving governmental entities shall serve on the board;
6. No person convicted of a forcible felony shall serve on the board;
7. No person convicted of a crime of dishonesty within the last ten(10)years shall
serve on the board;
8. No person who has failed to complete the training required by subparagraph C
of this section shall serve on the board;
9. No person who is ineligible by federal or state law or rule to have access to law
enforcement data required for use by the board shall serve on the board.
C. Required training.
All persons appointed to the board shall, prior to taking office,complete a training
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curriculum consisting of the following:
1. An overview of the organization and operation of the department;
2. A "ride-along" with a police officer to acquaint the member with the
geography of the city and the real-world application of departmental
policies;
3. An overview of departmental policies regarding the use of force by police
officers, including authorized compliance and de-escalation techniques and
the circumstances where their use is appropriate;
4. An overview of the equipment and weapons carried police officers and their
purpose and methods of use, which may include practical training in the
operation and use of firearms;
5. An overview of laws governing the interaction between peace officers and
members of the public;
6. An overview of this ordinance and the ordinance providing for the code of
conduct for members of city boards, commissions and committees; and
7. Completion of the Open Meetings Act training required by law.
The board shall adopt rules requiring continuing training for its members at such
intervals it deems appropriate.
D. Upon appointment and qualification, which shall include the completion of the training
set forth in subparagraph C above, the appointee shall commence his or her
membership on the board.
3.10.070: Board Secretary; Records:
A. The city manager shall assign an employee of the city who is not a member of the
department to serve as secretary to the board.
B. The secretary shall make a permanent record of all the acts and doings of the board
and keep the same in the secretary's custody and control.
C. The secretary shall keep the minutes of all proceedings of the board which shall
reflect the vote of each member upon each question, or if absent or failing to vote,
indicating such fact. The secretary shall in a similar fashion maintain records of
board meetings and other official actions. A copy of every recommendation or
determination of the board shall be maintained by the secretary and shall constitute
a public record on the same terms of any other record created pursuant to a formal
investigation.
3.10.080: Additional Administrative Support:
A. The department shall make available to the board all materials and records as it may
reasonably require in the performance of its duties. The department shall redact
information regarding the identity of complainants, witnesses, and involved
officers as well as any other information that could compromise a criminal
investigation.
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B. The department shall provide such other support as the board may reasonably
require in performing its duties under this chapter.
C. Funds appropriated by the city council for the operation of the board may be utilized
for the continuing training set forth in section 3.10.060.C. of this chapter. In
addition, funds appropriated by the city council for operation of the board may be
utilized for membership in state or national organizations or associations to further
the purposes of the board set forth in this chapter.
3.10.090: Dissemination of Information:
A. Public Information.
1. General information. The board, in consultation with the city manager's office,
shall cause the creation of a page on the city's official website describing the
board,its duties,membership,and the complaint review process.The page shall
also provide the following information:
a. Who may file a complaint;
b. When a complaint should be filed;
c. How a complaint is to be filed;
d. What the complainant can expect in connection with the processing of a
complaint; and
e. The manner and the extent to which the complainant will be advised as to
the results of the investigation of the citizen's complaint.
2. Requests for information by the media or the public regarding complaints or
investigations. The board shall direct any media requests regarding
complainants or on-going investigations to the department's public information
officer. The department's public information officer, in consultation with the
corporation counsel, will respond to public information requests as permitted
by city and department policy and any applicable laws or regulations on behalf
of the board.
3. Public education. The board will be responsible for addressing and educating
members of the public about the board's mission, responsibilities, and
operations, including how a person can file a complaint against a member of
the department. In addition,the board shall have the responsibility to work with
the public information officer from the department and the city manager's office
to engage in programs and opportunities to engage the public about the police
department and the board.
B. Non-public information.
1. Members shall refrain from making any comments outside of the board
meetings regarding any complaint or investigation.
2. No member shall communicate nor otherwise divulge any non-public
information obtained by virtue of membership on the board, including, but not
limited to information disclosed in properly closed sessions of the board or in
the materials reviewed by the board related to civilian complaints. A person
who knowingly violates the provisions of this paragraph is, in addition to any
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other penalties provided by law, guilty of an ordinance violation offense and,
shall, in addition to the imposition of any fine, forfeit membership on the board.
Section 3.10.100: Active Investigations by Law Enforcement or Prosecutorial Entities;
Litigation
A. Upon the written request of the chief, the corporation counsel, or of any law
enforcement or prosecuting authority, the board shall suspend any action with
respect to a civilian complaint whenever the action could compromise an ongoing
criminal investigation or an investigation into an officer-involved shooting.
B. Upon the written request of the corporation counsel, the board shall suspend any
action with respect to a civilian complaint, when in the opinion of the corporation
counsel, the incident which gave rise to the complaint has resulted in, or is
reasonably likely to result in, litigation against the city, its officers, or employees."
Section 2. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kap n, M or
Presented: March 20, 2024
Passed: March 20, 2024
Vote: Yeas: 7 Nays: 2
Recorded: March 20, 2024
Published: March 20, 2024
A st-
Kimberly Dewisff C erk
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