A panel of Illinois Appellate Court judges on Friday upheld a previous court ruling that mandated public access to the most serious cases involving alleged misconduct by Chicago police officers.
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The three-judge panel sharply rebuked the awards granted to the Fraternal Order of Police by the arbitrator who oversaw the 2023 collective bargaining negotiations between the city and the union.
“There was no consideration of effective law enforcement or the policy of public accountability and transparency in the arbitrator’s award,” the judges wrote. “There was no consideration of the 60-year policy of open hearings for serious police misconduct. More importantly, there was no finding that such open hearings violated the officers’ due process or otherwise negatively impacted the officers. Law enforcement is charged with the duty of exposing crime, not concealing it.”
It’s all but certain the union will appeal the ruling to the Illinois Supreme Court.
For six decades, the most serious cases of alleged police misconduct were heard and decided by the Chicago Police Board, though the board’s role has been greatly curtailed amid the legal fight over arbitration.
Board President Kyle Cooper praised the panel’s ruling, but noted that a large backlog of police disciplinary cases will require attention once the adjudication process is more clearly defined.
“Full public access to the hearings and decisions in the most serious police disciplinary cases
is essential for ensuring accountability and increasing the community’s trust in the Chicago
Police Department,” Cooper said in a statement. “Transparency not only reassures the public that misconduct is addressed fairly and consistently, but it also protects the vast majority of officers who serve honorably by making clear the difference between those who uphold the law and those who violate it.”
Although the Appellate Court panel sided with the city on public access to proceedings, the judges also ruled partly in favor of the FOP and ordered that officers accused of serious misconduct can still be paid while their cases move forward.
FOP President John Catanzara didn’t immediately respond to a request for comment Friday.
The Community Commission for Public Safety and Accountability lauded the panel’s ruling, saying it “paves the way toward more transparency and accountability.”
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“The people of this city have the right to see and hear the evidence themselves, and officers deserve a process the public can trust,” commissioners said in a statement. “Open hearings protect the integrity of our disciplinary system, ensure transparency, and build confidence in the outcomes.”