Page 20 - November 2020

Is the police board done?
When you play sports as a kid or when you’re watching your favorite team, you just want a chance. If it’s the top of the ninth in base-
ball and the visiting team puts 10 runs on
the board, at least your team has a shot in the bottom of the ninth. You at least have “last raps.” In basketball, as long as you have the ball and are down by less than three, you have a chance.
The law also has its version of last raps. It’s called a jury. Many lawyers will tell you that no matter how bad the case looks, no matter how difficult your position is, you always have a chance in front of a jury. We believe that 12 disinterested people can come together and finally understand our position and produce a positive result. For Chicago Police Officers, that final opportunity to make your case is before the Chicago Police Board. Unfortunately, the decisions by the Police Board have not proved to provide fair and just results. The good news is that a recent ruling by the general counsel at the Illinois Labor Relations Board may
be the death knell of the Police Board.
We have written in the past about whether the Police Board
is a required institution when deciding if termination is the appropriate remedy. When the City of Chicago moves to ter- minate an officer, the matter is sent to the Chicago Police
Board. A trial occurs and the members of the Police Board vote, like a jury, to either find the officer not guilty, to ter- minate or to suspend. There are nine members of the Police Board and the decision is based upon majority vote. Who are these nine people? The members are appointed by the mayor, and Fraternal Order of Po- lice Lodge 7 has no input as to who is selected. While many of these members may be well intentioned and believe they are impartial, the reality is that the rulings can induce some severe head-scratching. An officer faced with a use of force termination case has found him or herself
in a battle to keep his or her employment.
With the recent narrative that the police are the problem,
not the criminals, the national mood has been to hold offi- cers to standards that not only violate the law but are patently unfair. However, there is another option and that option is supported by state law. Under Illinois State law, a police of- ficer in termination cases has the right to present his or her case before a neutral arbitrator. This is called arbitration. The arbitrator could be agreed upon by both the officer and the City of Chicago, and has no allegiance to either side, but is chosen to fairly rule if termination is appropriate. The state law says that the municipality and the collective bargaining unit (FOP) may agree to an alternative setting. Years ago, the FOP agreed to the establishment of the Chicago Police Board.
TIM GRACE
The Law Firm of Grace & Thompson Specializes in Representing Chicago Police Officers
James E. Thompson, Partner JThompson@ggtlegal.com
Timothy M. Grace, Partner connorgrace@aol.com
We pride ourselves in maintaining a small-firm feel by treating each case with care and consideration.
Seasoned trial attorneys representing Chicago Police Officers in matters before the Chicago Police Board, Internal Affairs, COPA, Inspector General, and Civil and Criminal Courts.
The Law Firm of Grace & Thompson also provides professional legal services in other areas:
• Personal Injury
• Divorce
• Criminal and Civil Defense Litigation
Contact us today for a free consultation! 312-943-0600 • GGTlegal.com
311 W. Superior Street, Suite 215 • Chicago, IL 60654
20 CHICAGO LODGE 7 ■ NOVEMBER 2020