Page 13 - November 2015

Timeliness and CR Investigations
FIELD REPRESENTATIVES REPORT
MARLON HARVEY
How long should a Complaint Register Investigation really take? That is a question that has been presented over and over through the years by both Officers and the Lodge.
I participated in a Suspension Hearing Arbitration in which timeliness became a matter of concern and discussion for the arbitrator. As the hearing proceeded, the arbitrator noted dates and actions taken by the IPRA investigator. The Lodge’s attorney, Catherine Chapman, was successful
in bringing to the arbitrator that, during the CR
Investigation, there was more than a four-year time period of
no activity on IPRA’s investigation notes. The Lodge fought to prove that if a CR Investigation is untimely, or has the appear- ance of delay on the investigator’s part, could that be an indicator of an unjust investigation? It was reassuring to witness the arbitrator pick up the ball and seek answers as the hearing progressed. As a matter of fact, timeliness became the predominating matter of dis- cussion and cross-examination by all parties involved.
The City presented, as witness on its behalf, the Deputy Chief Administrator of IPRA. During cross-examination of the Deputy Chief, the Lodge was successful in revealing to the arbitrator that even the Deputy Chief could not reasonably explain a just reason for a five-to-six-year CR Investigation that included a four-year time period of no activity. The arbitrator included a statement from this testimony in his decision. Deputy Chief was asked and answered:
Q: Are you aware that in the case at issue that we’re talking about today, that there are no notes of any activity for four years?
A: Yeah, I think I’m aware of that.
Q: OK, and do you think that’s acceptable?
A: I have to know why there were no notes available or what hap- pened. Of course, I don’t think on its face it’s acceptable. I don’t know what factors might have contributed to that.
This is a CR investigation that resulted in a sustained finding with the penalty of a 30-day suspension. The Lodge is pleased to report that the arbitrator decided in our favor. All involved officers were awarded to be made whole all lost wages, as well as discipline per- taining to this matter expunged.
The arbitrator, in the conclusion of the decision, referred again to timeliness: “But, in the end, the irrational delay not only undermined the concept of corrective discipline but left the door open to conflicting testimony and revisionist facts.” I must add that this was not the only deciding factor in his decision. The arbitrator did reference to the facts of the case as well. However, the atmos- phere of delay plants the seed of a flawed investigation. The model of due process for the accused is destroyed. The Lodge looks forward to discovering unjust delay in future pending cases that may be heard in arbitration.
Justice for the Fallen
Our Police Family, the Worthams, have fought an incredulous battle for five years. Chicago Police Officer Thomas Wortham, IV was senselessly slain by four robbery offenders in May 2010. Since this tragic event occurred, the Worthams have appeared in countless court proceedings to ensure that justice was meted out for the mur-
derers. There were four men in total who carried out the vicious attack on Officer Wortham that night. One offender was killed and a second offender wounded on scene by Retired Sergeant Thomas Wortham, III, who immediately responded in an effort to assist his son,OfficerWorthamIV. Subsequently,alloffenderswerecaptured and accounted for, resulting in a five-year battle in criminal court for the remaining three offenders. Each and every time the
Worthams participated in any aspect of the case it was a reminder of the horror of that night.
On Oct. 19, the last offender, Marcus Floyd, was found guilty for the Murder of Thomas Wortham, IV, as well as guilty of Attempted Murder of Thomas Wortham, III, bringing the
Wortham Family closer to the final chapter of this fight: the sentencing hearing. Offender Floyd will stand before Judge Tim- othy Joyce on Nov. 17 to accept the penalty for his crime. Members of the Lodge, as well as the Wortham family, are hopeful that Floyd will receive the same punishment that his accomplishers received: life in prison. The Lodge is confident that available Chicago Police Officers will show their support on this last day for our Police Family with their presence in court. I am asking not only as an FOP repre- sentative, but also as a fellow officer who would suit up and jump in a squad car with any working officer tonight. We need blue shirts in the courtroom. Please attend. The Lodge will post the details for
court time and room location as soon as we are notified.
I would like to acknowledge the work of the State’s Attorneys who successfully presented the case in court. States Attorney’s Mike Deno, Risa Lanier and Maryjo Murtaugh were outstanding in every aspect of the trial. Thank you for a job well done. Lastly, once again members should know that the Honorable Judge Timothy Joyce was exemplary in hearing the case. Although, the outcome was deter- minedbyaJury, JudgeJoyceinhistruefashionorchestratedthetrial with great profession.
I also want to acknowledge all members both active and retired who have served our country in any branch of the military. Each and every one of you have shown that you are truly a protector of our freedoms both abroad and at home. I thank you. The Lodge thanks you. And, most of all, I am certain the City is proud to call you their own. I will add a quote from President Abraham Lincoln: “It is the duty of the people to care for him who shall have borne the battle....” Thank you Chicago Police Veterans. d
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