Page 20 - November 2019 FOP

Has the Police Board’s time expired?
One of the most basic rights we have as Ameri- cans is the right to due process. Due process is essentially the right to be treated fairly. It is
a fundamental right that runs deep in our jurisprudence history, and it protects the citizens against the government or a gov- ernmental tribunal.
Every day throughout the courtrooms of
Cook County, judges and prosecutors go to
great lengths to protect the due process rights of defendants. It now appears that while we will bend
over backwards to provide a fair and impartial proceeding to murderers, child predators and the worst that society has to of- fer, the current system does not afford these protections when it comes to the men and women of the Chicago Police Depart- ment. If you doubt this to be true, I suggest you flip through the rulings being handed out at the Chicago Police Board.
Due process is a concept that has deep roots in our legal sys- tem. The concept of due process features prominently in the Magna Carta in old English law. While there is no need to bring back long-suppressed bad memories of seventh-grade histo- ry, it is pertinent to understand the beginnings of the idea that those in power treat its citizens justly. At the time, the king of England had set up a government that ruled by “will and force” and would make arbitrary and capricious decisions. The taking of money, land and property had little rational basis and was based upon the whims of the ruling class. The people demand- ed a list of rights and rules that must be followed if society was
to have order and equity. Of course, the king did not willingly agree to the tenants of the Magna Carta; it was more about controlling a rebellion than any Jeffersonian altruistic ideas. The concept got a toehold, and another group of dissatisfied English subjects brought the concept to the
13 fledgling colonies.
Our early American ancestors, like their descendants,
similarly objected to being ruled by an all-powerful king beholden to no one. After sending the British Army back to England, the new country embraced the ideas of English law and especially due process. Within the U.S. Constitution, the due process clause is prominently featured in both the Fifth and Fourteenth Amendments. Our founding fathers may not be popular in many circles in our new modern “enlightened” society, but they did set forth a rule book that is envied by the world. The bedrock it rests upon is the concept of due process: the right to be treated fairly and to be judged by law and not
mob rule.
So, what does this amateur history lesson have to do with the
Chicago Police Board? It is the fundamental unfairness of what the Chicago Police Board has become. When the City of Chicago moves to terminate an officer, the matter is sent to the Chica- go Police Board. A trial occurs and the members of the Police Board vote, like a jury, to find the officer not guilty, to terminate 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 Frater- nal Order of Police Lodge 7 has no input as to who is selected. While many of these members may be well-intentioned and be- lieve they are impartial, the reality is that the rulings can induce some severe head scratching.
The first issue is the fact that they are chosen by the very City that is moving to terminate. Would we allow only police officers to sit on criminal juries? The second issue is that the members have no law enforcement experience. Would we allow mechan- ics to discipline doctors? Each month, the Police Board has an open meeting and allows any member of the community to voice their opinions and gripes not just about police officers, but about police officers who have cases pending before the very board. Would we ever allow a jury access to adverse infor- mation before the evidence is even presented? Anyone who has been around a jury trial has seen how the jurors are protected and sequestered. They have seen the vast amount of effort and taken care to ensure that the members of the jury only consid- er what is relevant and admissible. Before opening statements even start, a police officer fighting for his job is at a disadvan- tage. So much for due process and fairness.
The question facing the FOP is, what can be done? Fortunate- ly, there is an answer, and it is to simply not agree to be judged by the Police Board. Under Illinois State law, all law enforce- ment officers are given the right to have their cases decided by an arbitrator unless the municipality and the recognized collec- tive bargaining unit agree to a different process. We do not have to agree to the Police Board. We simply collectively bargain for an arbitration process. A neutral arbitrator, agreed to by both the City and the FOP, is selected to hear the case and make a de- termination. Many municipalities and police officers across the state use a neutral and detached arbitrator. It would allow for a much fairer process. It would give officers a fighting chance. And most importantly, it would reacquaint the City of Chicago with the long-forgotten concept of due process.
TIM GRACE
Knapp Medical Center
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20 CHICAGO LODGE 7 ■ NOVEMBER 2019