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Management Alert on CPD’s Administration of the Disciplinary Grievance Process

January 10, 2019

Summary

The Public Safety Section of the City of Chicago Office of Inspector General is currently conducting a disciplinary grievance process for sworn personnel. In the process of this review, OIG identified four immediate concerns that should be promptly addressed.

Executive Summary

In the process of this review, OIG identified four immediate concerns that should be promptly addressed. The issues presented in the attached management alert represent significant obstacles to ability to effectively administer the disciplinary grievance process, consistently confidentiality of sensitive information.

BACKGROUND

Affairs (BIA) can recommend punishment for sworn members for incidents of superintendent then review and finalize the recommended punishment. These punishments can include reprimands, suspensions, or termination. Once the punishment is reviewed and finalized, the sworn member can then decide to either accept or grieve their punishment. collective bargaining agreements (CBAs) for sworn members, is a dispute or difference between the parties to the CBAs concerning the interpretation and/or application of the CBAs or their provisions.

Disciplinary grievances challenge punishments sworn members receive as a result of findings of misconduct. CPD members who believe their rights—as enumerated in their CBA—have been violated by Departmental action may grieve that action. If a sworn member elects to grieve, there are three options available to resolve their grievance: arbitration, binding summary opinion hearing, or Police Board review. Arbitrations are formal evidentiary hearings before an arbitrator, who is typically a practitioner of labor law. By contrast, binding summary opinion (BSO) hearings are a streamlined form of arbitration that entails a review of investigatory files and statements from the parties by an arbitrator. Following arbitration and BSO hearings, the arbitrator issues a final, binding award. Last, Police Board reviews are formal evidentiary hearings before a hearing officer. The hearing officer then submits a report with recommendations to the nine-person Police Board, which ultimately makes the determination about the discipline issued to the sworn member. The process that the officer can select depends upon their rank and the severity of the discipline. , their grievance may be resolved through a negotiated settlement, which CPD or the City of Chicago Department of Law.

Either the negotiations. Once the officer decides whether and how they will grieve, they submit their grievance forms to the Management and Labor Affairs Section (MLAS) of CPD. MLAS departmental activities related to the various labor agreements impacting CPD personnel as well as processing both disciplinary and non-disciplinary grievances. disciplinary grievance process for sworn members, OIG identified four immediate concerns administration of the disciplinary grievance process.

Management Alert on CPD’s Administration of the Disciplinary Grievance Process - publication cover