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Saturday, September 28, 2024

Judge allows Chicago police officers' serious disciplinary cases to go to arbitration

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Steven A. Block Partner, Thompson Hine LLP | Holland & Knight Website

Steven A. Block Partner, Thompson Hine LLP | Holland & Knight Website

On March 21, Cook County Circuit Court Judge Michael Mullen issued a ruling permitting Chicago police officers who are members of the Fraternal Order of Police (FOP) to opt for arbitration in the most serious disciplinary cases instead of having them heard by the Police Board.

In April, the FOP filed an appeal against Judge Mullen’s decision. The union is contesting the rulings that arbitration proceedings be open to the public and that accused officers may be suspended without pay while their arbitration case is pending. The FOP's opening brief is due later this month, indicating that it will take some time before the Illinois Appellate Court decides on the appeal.

Since Judge Mullen’s ruling, 13 FOP members with pending disciplinary cases have filed motions to transfer their cases to arbitration and terminate Police Board proceedings. The Police Board has not received any information from either party regarding an agreed-upon public arbitration process. Consequently, these 13 cases remain on hold—no arbitration hearings will occur until a public process is established, and no Police Board hearings will proceed without the consent of the accused officer.

Additionally, three police officers whose hearings were completed before Judge Mullen’s ruling requested that their cases be transferred to arbitration or that decisions be stayed. The Police Board denied these motions and entered decisions at its July 18 public meeting.

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