BAUM SIGMAN AUERBACH & NEUMAN, LTD. 200 W.

Adams Street, Suite 2200

Attorneys and Counsellors Chicago, IL 60606-5231
312.236.4316
Letterhead electronically generated Fax 312.236.0241

Pasquale A. Fioretto
Admitted in IL and WI

March 31, 2016 Direct dial 312-216-2566

pfioretto@baumsigman.com

VIA E-MAIL (wynter.jackson@chicagopolice.org)

Director Wynter Jackson
Management of Labor Affairs Section
3510 South Michigan Avenue
Chicago, IL 60653

Re: Officer-Involved Death Investigations

General Order G03-06 and Failure to Comply with
The Police and Community Relations Improvement Act
Our File Number: 26731

Dear Director Jackson:

The Fraternal Order of Police, Chicago Lodge No. 7 (Lodge) is in receipt of the most current
General Order draft, dated March 28, 2016, captioned Officer-Involved Death Investigations,
issued by Interim Superintendent Eddie T. Johnson (General Order), which apparently became
Final General Order G03-06 today. The Lodge continues to object over the Departments non-
compliance with the Police and Community Relations Improvement Act (Act), and to other
contents of General Order G03-06.

Initially, as the Lodge raised with the Illinois Attorney General, the decision to assign covered
investigations to the Independent Police Review Authority (IPRA) is not in compliance with the
Act. The General Order improperly continues to give IPRA the authority to conduct the officer-
involved death investigation (General Order, III(B)), despite the fact that IPRA is not a law
enforcement agency as defined by the Act, nor are its employees (who are acting as investigators)
certified as Lead Homicide Investigators as required by the Actyet the City has been utilizing IPRA
since January 2016. Although the General Order lists Initial Responsibilities (in Section IV) and
Procedures (in Section V), the roles played by IPRA and the Lodges bargaining unit members are
often times blurred and, at times, inconsistent with the Collective Bargaining Agreement between
the Lodge and the City of Chicago.

The lack of training and certification required for IPRA investigators is particularly troubling. IPRA
Investigators are not law enforcement officers, but rather civilians, who have received only a
minimum amount of training. In contrast, Chicago Police Department Detectives go through seven
(7) weeks (or 280 hours) of extensive training in order to be minimally qualified to enter into the
investigative environment of police work. Indeed, prior to being eligible to apply for a promotion
to Detective, a Police Officer must go through rigorous training throughout his/her career and must
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
Attorneys and Counsellors

Letterhead electronically generated

Director Wynter Jackson

Page 2
March 31, 2016

successfully obtain a sufficiently high passing score on the eligibility list to even qualify for
promotion. The IPRA investigators used as Lead Investigators simply do not have the requisite
training and certification. Indeed, to the Lodges knowledge, the Illinois Law Enforcement Training
Standards Board has not certified the training received by IPRA investigators.

IPRA is neither qualified to conduct such investigations, nor sufficiently independent to satisfy the
Act. Given its control over the crime scene, the fact that IPRA is not a law enforcement agency
actively impedes the CPDs ability to gather evidence and investigate the crime scene. Assignment
of such investigations to a qualified, independent law enforcement agency, such as the State Police,
would comply with the Act and allow for a proper investigation of the crime scene both as to the
underlying crime and the officer-involved death. The Police Officers and the community at large
deserve nothing less.

As indicated in its February 4, 2016, letter to the Attorney General, the Lodge takes investigations
of officer-involved deaths seriously and wants a proper investigation of such incidents by qualified
agencies and investigators, as intended by the Act. A proper investigation benefits all stake-
holdersthe City, the Department, the public and Police Officers.

Next, the General Order also conflicts with the protections afforded the Lodges members under the
parties Collective Bargaining Agreement. The Lodge insists that the Department, at all times,
comply with all provisions of the parties Agreement, specifically including Article 6 (Bill of
Rights); Section 6.1 (Conduct of Disciplinary Investigations); and Section 6.2 (Witness Officers
Statements in Disciplinary Investigations). Although the General Order includes a Reminder on
Page 2 dealing with members Bill of Rights, that same Reminder must apply throughout the entire
General Order, especially if the Department continues to utilize an IPRA representative as a Lead
Investigator. Any statements taken by IPRA (or any future Lead Investigator) from the Lodges
members must be obtained in compliance with the protections set forth in Sections 6.1 and 6.2.

Please be advised that the Lodge formally objects to the content of the General Order, as specified
herein. The Lodge reserves its right to pursue any and all legal remedies available to protect its
members, including in the defense of any discipline that may arise in relation to the General Order,
and to ensure that the City complies with the Police and Community Relations Improvement Act.
BAUM SIGMAN AUERBACH & NEUMAN, LTD.
Attorneys and Counsellors

Letterhead electronically generated

Director Wynter Jackson

Page 3
March 31, 2016

Thank you for your attention to this matter. Please call if you have any questions or would like to
discuss this matter further.

Very truly yours,

BAUM SIGMAN AUERBACH & NEUMAN, LTD.

Pasquale A. Fioretto

PAF/ww
cc: Dean Angelo, Sr. (via e-mail)
Tom McDonagh (via e-mail)
General Counsel Ralph Price (via e-mail)
Karen Conway (via e-mail)
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