Steven A. Block Partner, Thompson Hine LLP | Holland & Knight Website
Steven A. Block Partner, Thompson Hine LLP | Holland & Knight Website
President Kyle Cooper addressed the arbitration of police disciplinary cases during the June 18 Police Board public meeting. The Fraternal Order of Police, representing Chicago police officers below the rank of sergeant, has appealed two rulings from a March 2024 Cook County Circuit Court decision. This decision allows officers to choose arbitration for serious disciplinary cases instead of going before the Police Board. The appeal is currently before the Illinois Appellate Court.
Cooper noted that the union challenges two specific aspects: that arbitration proceedings should be open to the public and that accused officers may face suspension without pay while their case is pending. Oral arguments were held yesterday in a crowded courtroom, with both sides presenting their positions vigorously.
Cooper acknowledged the complexity and importance of this case, anticipating several months before a decision from the Appellate Court, which could potentially lead to an appeal to the Illinois Supreme Court. He urged officers facing serious charges to opt for a Police Board hearing rather than wait for an indefinite arbitration process.
The Board aims to minimize delays in disciplinary hearings since accused officers are often suspended without pay once charges are filed. Cooper highlighted a recent case resolved in under nine months where an officer was found not guilty.
He emphasized that the Board is dedicated to fair hearings, ensuring due-process rights are upheld for all parties involved. Accused officers can cross-examine witnesses and present evidence in their defense, though it remains uncertain if these rights will be preserved in arbitration.
Since 2021, out of 43 cases decided after full hearings, 36% resulted in discharge from CPD, 34% received lesser penalties than recommended by the Superintendent, and 30% were found not guilty. Cooper stated these outcomes demonstrate the Board's impartiality and commitment to assessing each case on its merits.
Cooper assured that as long as he serves as President, he would ensure neutrality akin to baseball umpires judging based on facts and applicable law. The Police Board's website will continue updating on litigation developments and current disciplinary cases.