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Record #: R2015-808   
Type: Resolution Status: Failed to Pass
Intro date: 10/14/2015 Current Controlling Legislative Body: Committee on Public Safety
Final action:
Title: Call for hearing(s) to determine legality of internally authorized surveillance programs engaged by Chicago Police Department
Sponsors: Waguespack, Scott
Topic: COMMITTEE/PUBLIC HEARINGS - Committee on Public Safety
Attachments: 1. R2015-808.pdf
Related files: R2019-362

Committee on Public Safety
c==:=::~OctobeH:472015=3 City Council Meeting


WHEREAS, the Chicago Police Department is granted authority by federal law, the State of Illinois and the Chicago Municipal Code and is under jurisdiction of the same;

WHEREAS, the rights to free speech and assembly are granted to the people by the First Amendment of the United States Constitution;

WHEREAS, use of Chicago Police Department resources to survey law-abiding citizens based on their exercise of free speech and assembly is in violation of their rights under the United States Constitution;

WHEREAS, the Chicago Police Department has come under legal scrutiny and action for such surveillance activities in the past;

WHEREAS, 42 U.S.C. ยง1983 requires that, "every person who under color of any statute, ordinance, regulation, custom, or usage, of any State...subjects, or causes to be be subjected, any citizen...or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and law, shall be liable to the party injured..."

WHEREAS, it is the stated Mission of the Chicago Police Department "to protect the lives, property and rights of all people";

WHEREAS, Chicago Police Department resources are limited and stressed by the current financial health of the City of Chicago;

WHEREAS, the requirements of Chicago Municipal Code 10-8-330 afford the City and its Departments, including the Chicago Police Department, ample authority and information regarding group assembly within the City;

WHEREAS, per the Rules and Regulations of the Chicago Police Department I. B. 12, "Law enforcement operations...must not be shrouded in secrecy. It is necessary that there be public disclosure of policies and programs and an openness in matter of public interest. Consistent with the protection of legal rights of the individuals under investigation...the Department must communicate accurate and factual accounts of events ...

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