Page 19 - February 2018 FOP Newsletter

of video in disciplinary investigations, including but not limited to Article 6 — Bill of Rights, Section 6.1 Con- duct of Disciplinary investigation. With respect to any incident involving a police shooting, the Department will follow the same protocol for the BWC recorded data and the officer(s) involved in such police shooting incidents as currently being applied with respect to the In-Car Video Systems.
• The Department will establish a district-level commit- tee consisting of appropriate supervisors and officers using the BWC to provide input and advice concerning the BWC Pilot Program.
• The Department will provide notice and will meet and engage in discussions with the Lodge prior to any ex- pansion of the use of BWC beyond the parameters set forth in the BWC Pilot Program — Phase 1.
• The Department will continue to bargain with the Lodge over any impact or effect of the BWC Pilot Pro- gram as it relates to a Police Officer’s safety and/or dis- cipline.
This may come as a shock: the Department did not es- tablish a district-level committee (consisting of appropriate supervisors and officers using the BWC), nor did it formally obtain input and advice concerning the BWC Pilot Program from the impacted officers. Moreover, although the Depart- ment did provide notice to the Lodge when it expanded the pilot program beyond the 14th District, it failed to provide a
sufficient opportunity to bargain the effects with the Lodge. Most significant, the Department refused to bargain with the Lodge over any impact or effect of the BWC Pilot Program re- lating to officers’ safety and/or discipline — despite multiple demands. Now, the City has no choice but to bargain in good faith.
In issuing her limited remedy, the ALJ ordered the City to “bargain the safety and disciplinary effects of the BWC dis- tributed in 2017, to rescind the discipline it issued arising from their misuse/loss, and to cease issuing such discipline until the parties complete effects bargaining.” Unfortunately, she did not require the City to recall the BWC that it distribut- ed in the 2017 expansion.
As I mentioned when writing about the CR Matrix ruling in the December issue of Chicago Lodge 7 Magazine, the wheels of justice turn slowly. The Lodge now has a second well- reasoned decision (we still await a third one involving anoth- er failure to bargain). However, the City still has the ability to challenge the decision by filing an appeal with the Illinois Labor Relations Board. We will continue to monitor the situ- ation and keep the membership apprised of any new devel- opments. The Lodge considers this victory another significant ruling that will positively impact our ongoing negotiations with the City over a new contract. d
CHICAGO LODGE 7 ■ FEBRUARY 2018 19