Page 18 - FOP JUNE Newsletter

FIORETTO CONTINUED FROM PAGE 16
final opinion and award, Roumell explicitly noted, “In arriving at the conclusion...this Arbitrator is still of the opinion that 8.4, as he has interpreted 8.4, is there to be read...” However, given the climate in which we live today has changed, Roumell felt he had no choice but to reverse his prior findings.
Two intervening events, in large part, impacted Rou- mell’s decision. First, on Dec. 7, 2015, the Department of Justice (DOJ) announced its pattern and practice in- vestigation into the Chicago Police Department and on Dec. 30, 2015, the Department of Justice sent the city a document preservation request and document preserva- tion notice, covering all the documents that are subject to both the PBPA’s and the Lodge’s pending arbitrations. In essence, the DOJ prohibited the city from destroying any of the documents until after their investigation is con- cluded.
Second, and equally significant, the PBPA had pro- cessed its own grievances against the city over a similar issue and, at first, was successful. Indeed, on Nov. 4, 2015, Arbitrator Jules Crystal issued his award holding that the contract between the city and PBPA required the city to purge all of its electronic databases of records of police misconduct investigations and discipline that are more than five years old. After the PBPA could not agree on how the city would comply with the award, the city filed a re- quest for clarification of the award with Crystal.
Changing his mind, on Feb. 29, Crystal granted the city’s request for clarification and issued a new award, in which he now denied the PBPA’s grievances and held that the provision found in the PBPA’s contract requiring the city to purge its electronic records of all disciplinary and investigative records older than five years is unenforce- able because it violates Illinois public policy.
Turning to the Lodge’s grievances, Roumell followed the
HERBERT CONTINUED FROM PAGE 17
that police misconduct is considered a significant issue in many minority communities; however, to make a differ- ence, other issues can’t be ignored, such as the breakdown of the family structure, lack of jobs, drugs, inadequate mental health treatment, poverty, gangs etc. A meaning- ful solution to the violence never will be obtained without addressing all the issues, rather than focusing only on the police.
Recently, an individual spoke publicly and called out the so-called experts who focus all the blame on the police without looking at the other issues affecting the commu- nity. The man’s name is Toby Jones and his forum was a federal courtroom. During his sentencing hearing, where- in he was sentenced to 40 years in federal prison, he stat- ed that the critics of police misconduct toward minorities were misplaced. He told Judge St. Eve and those in the courtroom:
“Even with all the latest police shootings on minori- ties in Chicago, I don’t blame these cops one bit for most of their decisions. And the black community has to first come to grips with why these cops are so afraid. I know
18 CHICAGO LODGE 7 ■ JUNE 2016
same (mistaken) analysis and concluded that his interim award could not stand, but he failed to address what hap- pens after the DOJ concludes its investigation. Will the city then have to comply with the destruction requirement of section 8.4? However, it will be too late because the city, presumably, will turn over nearly 50 years of records once the arbitration process is fully and finally concluded. At that point, the proverbial horse will have left the barn and the damage will not be able to be repaired.
It remains the Lodge’s position that the impact of the DOJ’s retention request does not create a public policy making the document destruction clause unenforceable, nor does it relieve the city of its breach of section 8.4 for the past 20 years. The Lodge has filed a motion for recon- sideration with Roumell and is awaiting a ruling from him shortly. If he denies the Lodge’s request, the Lodge can go into state court and seek to vacate the award.
One final note: As you may be aware, there continues to be a number of proposed pieces of legislation pending in Springfield, seeking to change statutorily what a public employer (such as the Chicago Police Department) can and cannot do with disciplinary records. The most egre- gious is one House Bill requiring that all police miscon- duct records relating to complaints, investigations and adjudications be permanently retained and not be de- stroyed. Interestingly, this requirement to maintain such records does not apply to all public employees, but rather only peace officers.
Another proposal attempts to change the definition of a “mandatory subject of bargaining” under the Illinois Pub- lic Labor Relations Act. Specifically, public employers will be prohibited from bargaining over any document reten- tion policy dealing with any public employee discipline reports. The Lodge will continue to work in Springfield to defeat such reactionary attempts to circumvent the rights the Lodge has fought hard to protect. The Lodge will keep its membership apprized of any new development. d
why – because it’s really a war zone out there. ‘Chiraq’ is what these youngsters call it now. And just as these officers have actually served time on the battlefield in Iraq, their main focus is to make it home. And that’s what all these officers want to do in the mean streets of ‘Chiraq,’ – make it home. They just want to make it home to their wife, their kids, their mothers.”
How ironic is it that a convicted drug dealer from the Four Corner Hustlers street gang is able to intelligently address the fundamental issues affecting his community while the supposed leaders of the community fail to com- prehend the complexities of the issue?
I only could imagine what these leaders would say if they were challenged about their sincerity toward bring- ing about true justice for the vulnerable members of the minority communities. Would they admit that their true goal was self-promotion? No, their response would be, “Screw the police!” d
Dan Herbert is a former Chicago Police Officer, Cook County Prosecutor and in-house attorney for the Fraternal Order of Po- lice, Chicago Lodge #7. He is the founding member of The Law Offices of Daniel Q. Herbert and Associates.