CPAC: Civilian Police Accountability CouncilDelivering fundamental change to public safety through community control of the police.

Chicago Alliance Against Racist and Political Repression

“The rate at which black

Americans are killed by

police is more than twice as

high as the rate for white

Americans. This is a

non-comprehensive list of

deaths at the hands of

police in the U.S. since Eric

Garner's death in July

2014.”

LA Johnson/NPR

NPR: A Decade of Watching Black People Die

100,000+ people 90+ organizations

Speakers (one or more of the following):

➔ Larry RedmondGeneral Counsel, CAARPRCriminal Defense Attorney

➔ Craig B. FuttermanClinical Professor of Law, University of ChicagoFounder, Civil Rights and Police Accountability Project

➔ Tamer Y. AbouzeidStaff Attorney, CAIR-ChicagoFormerly: Investigator, COPA

IntroductionCommunity Control of the Police is a simple but powerful idea built on:

➔ DemocracyWe the people are entitled to control our governments, and the police is no different.

➔ AuthorityThe people are the source of power, and their say is the final say.

➔ CommunityCommunities, especially those most policed, have the most to lose and the most to gain from how Chicago pursues public safety.

We will cover the revised ordinance in this PRIVATE BRIEFING. This is a learning opportunity for all of us and we encourage questions and feedback.

QuestionsTo ask immediate questions about something being presented:

(1) Use “raise hand” feature, or(2) Type “question” in chat

We will also have lots of time for Q&A after the presentation.

Comments/ ConcernsPlease keep track and tell us your comments and/or concerns during the Q&A segment.

CPAC: Section 3Repealing Article IV of Chapter 2-84

Sworn Member Bill of Rights is repealed.

Such protections are unnecessary, belong in collective bargaining agreements, and are impediments to accountability.(Bill of rights includes: prohibition on anonymous complaints; prohibition of certain investigation techniques, such as two investigators asking questions together; requirement that officers be informed of the names of all complainants, etc. No other government employees have such rights in the municipal code.)

CPAC: Section 4Inserting Chapter 2-83 creating the

Civilian Police Accountability Council

Civil

ian

Office

of P

olic

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Acco

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Chicago Police Department

Chicago Police Board

CPAC

Essentials

● CPAC is an executive agency of the City● CPAC has a budget floor (1% of CPD budget)

○ At least 20% of this to be spent on non-policing alternatives

● Every two police districts = contiguous district● Voting is weighted with population to ensure fair

representation (district sizes vary)

7.34%

6.33%

7.07%

11.79%

8.62%

7.15%

13.56%

4.82%

11.8%

12.75%

8.77%

7.34% (74% Black Non-Lx)

6.33% (80% Black Non-Lx)

7.07% (44% White Non-Lx, 24% Lx, 19% Black Non-Lx)

11.79% (75% White Non-Lx)

8.62% (47% White Non-Lx, 20% Latinx, 15% Black Non-Lx)

7.15% (78% Black Non-Lx)

13.56% (58% Latinx, 25% Black Non-Lx)

4.82% (88% Black Non-Lx)

11.8% (58% Latinx, 25% White Non-Lx)

12.75% (56% White Non-Lx, 31% Latinx)

8.77% (41% Latinx, 37% Black Non-Lx)

Candidate QualificationsMust be…

● Resident of district (1 year)● Resident of Chicago (3 years)● 18 years old● Experienced in civil rights/

organizing (2 years)

○ Youth, Black, Latinx in police interactions

○ LGBTQ+; Muslims; people with disabilities; people experiencing homelessness; domestic violence survivors; survivors of police misconduct

Must not be…

● Current or former sworn law enforcement

● Current or former CCSAO (investigator or prosecutor)

● Immediate relative of current or

former sworn law enforcement○ Immediate: Partner; Parent;

Child; Sibling● Convicted of crimes of dishonesty● Concealing conflicts of interest

Candidate RestrictionsBalance between:

● minimizing conflicts of interest, and● maximizing representation of communities

most affected by policing

Alternative Provisions:

● ordinance contains alternatives (10 years instead of lifetime)

● provisions are severable without affecting rest of ordinance (e.g. in the unlikely case that a court says there can be no restrictions on family members, that part would just get removed).

Integrity Mechanisms

● 60% Quorum● Financial contributions must be from the

Contiguous District● Councilors may be recalled for cause

Appointment Powers

CPAC appoints the following (term length):● Superintendent (4 years)

● COPA Chief Administrator (4 years)

● Police Board (5 years)

City Council gives advice and consent.

Legal Considerations ➔ COPA Ordinance

States that the Mayor’s power to appoint Chief Administrator is temporary “until a permanent method of selecting [them is] enacted by City Council”? Municipal Code of Chicago, 2-78-115.

➔ Police BoardCourts have already held that members of the police board are not “officers in the form or structure of government of the City of Chicago and are not officers within the meaning of section 6(f),” which is the section that requires a referendum. Paglini v. Police Board of City of Chicago, 61 Ill.2d 233, 237 (1975).

➔ Police SuperintendentThe method of appointing someone who is not a constitutional officer (like a Superintendent) “is solely within the discretion of the legislative branch” and that the court upholds statutes “providing for appointment authority in persons other than a chief executive”? See Stroger v. RTA, 201 Ill.2d 508, 527 (2002). In fact, Police Board had power to appoint Superintendent outright before it was changed by ordinance.

➔ Alternative ProvisionsIn the unlikely case that a court disagrees with the precedent, there is a built-in alternative: CPAC nominates two people for each position, and the Mayor must pick one of them.

Removal Powers

CPAC decides whether cause exists to remove Chief Administrator, Police Board member, or Superintendent.

For removal:● Hearing in front of Committee on Public Safety● Vote to remove by entire City Council

Policies

CPD, COPA, and Police Board are able to propose changes to policies; CPAC must give feedback and meet and discuss.

CPAC may propose changes and must collaborate with CPD, COPA, and Police Board.

If there is no consensus, CPAC retains the final say.

Policy Recommendations

● CPD Policies

● COPA Policies● CPD Policies

● Police Board Policies● COPA Policies● CPD Policies

● CPAC Policies● Police Board Policies● COPA Policies● CPD Policies

Contract Negotiation Powers

CPAC is designated by the City to negotiate police contracts, which must then be approved by City Council.

Alternative provision if court disagrees: instead of being the negotiator, CPAC monitors negotiations and makes public recommendations to City Council.

CPD Budget

CPD Proposal

CPD submits budget recommendation to CPAC. Cannot be more than 25% of previous year’s Corporate Fund.

CPAC Process

CPAC works with CPD, makes necessary changes, then approves budget.

Budgets Sent

CPD sends budget, as approved by CPAC, to Mayor.

CPAC sends budget and recommendations to City Council.

Mayor Submits

Mayor submits CPD budget as part of annual appropriations ordinance.

City Council Votes

City Council votes on budget and reconciles differences as it sees fit.

Immigrant Advisory Council

Housed within CPAC and includes non-citizens and people who are undocumented.

Undocumented people are among groups that are most affected by policing. Until we change state law to enfranchise non-citizens (including undocumeted people), this is the available form of representation.

Deputy Councilors

Present at every police district to observe, educate, reach out, divert, and evaluate.

At least 2 in every police district from 8 am - midnight, at least 1 at other hours.

Additional Powers

● Suspension of police powers pending investigation or if officer is a danger to himself or others

● Alternative accountability methods (e.g. mediation)● Non-policing alternatives (e.g. violence interruption)● Subpoena power● Grand jury petition● Proactive policy approach, including pattern and

practice analysis

Evaluation

Every five years, CPAC must hire someone to perform a complete evaluation of the system, head to toe.

● Overall effectiveness● Roles of different bodies● Recommendations for improvement

Community Engagement

● Deputy Councilors on district level● Regular public hearings (monthly + as needed)● Director of Community Engagement to develop

program to solicit feedback and input, focusing on a broad segment of the community

● Petition by 500 community members requires a response

Transparency

● Only information that is prohibited to be shared may be redacted from FOIA requests

● New video policy● Active reporting of cases by COPA● If a case is being closed for lack of affidavit, COPA

must include detailed record of attempts to obtain affidavit and gather independent evidence

Thank you!

➔ Thanks for attending!

➔ Please ask questions now or feel free to email us:

contact@caarpr.org