OIG FILE -#18-0770
EVALUATION OF AFFIDAVIT OVERRIDE IN DISCIPLINARY INVESTIGATIONS DECEMBER 17, 2020
TABLE OF CONTENTS
EXECUTIVE SUMMARY|910|BACKGROUND|910|
DISCIPLINARY INVESTIGATION PROCESS|910|SWORN AFFIDAVIT REQUIREMENT 11
C AFFIDAVIT OVERRIDE REQUEST AND APPROVAL PROCESS 11
D. IMPACTOFTHE SWORN AFFIDAVIT REQUIREMENT 13
OBJECTIVES, SCOPE, AND METHODOLOGY 16
OBJECTIVES 16
SCOPE 16
C METHODOLOGY 16
STANDARDS 18
AUTHORITY AND ROLE 19
FINDINGS AND RECOMMENDATIONS 20
FINDING 1: THE MAJORITY OF FINALIZED DISCIPLINARY INVESTIGATIONS
WERE CLOSED FOR LACKING AN AFFIDAVIT 20
CLOSURE RATE BY INVESTIGATING AGENCY 22
CLOSURE RATE BY INCIDENT TYPE 23
C CLOSURE RATE BYVICTIM DEMOGRAPHICS:.' ; 24
FINDING 2: INVESTIGATING AGENCIES DID NOT PURSUE OVERRIDES AND
IMPROPERLY CLOSED INVESTIGATIONS FOR LACKING AN
AFFIDAVIT 25
NO AFFIDAVIT OVERRIDE REQUEST MADE IN POTENTIALLY ELIGIBLE
CASES 27
INSUFFICIENT PRELIMINARY INVESTIGATIONS 28
AFFIDAVIT EXEMPTIONS AND OTHER CASE CLOSURE TYPE ERRORS 33
FINDING 3: INVESTIGATING AGENCIES OFTEN CLOSED INVESTIGATIONS
ASSOCIATED WITH A CIVIL LAWSUIT FOR LACKING AN AFFIDAVIT, RISKING OUTCOMES IN WHICH THE CITY BEARS FINANCIAL COSTS
FOR CONDUCT WHICH HAS NEVER BEEN MEANINGFULLY
INVESTIGATED FOR DISCIPLINARY PURPOSES 37
FINDING 4: INVESTIGATIONS COMPLETED ON THE BASIS OF AN AFFIDAVIT
OVERRIDE RESULT IN SUSTAINED ALLEGATIONS AT A HIGHER RATE THAN INVESTIGATIONS COMPLETED VIA A SIGNED AFFIDAVIT OR
AN EXEMPTION FROM THE AFFIDAVIT REQUIREMENT 41
V. CONCLUSION 43
APPENDIX A: CHICAGO POLICE DEPARTMENT RESPONSE 44
APPENDIX B: CIVILIAN OFFICE OF POLICE ACCOUNTABILITY RESPONSE 51
APPENDIX C: GLOSSARY 57
APPENDIX D: SWORN AFFIDAVIT DOCUMENTS 59
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OIG FILE #'18-0770
EVALUATION OF AFFIDAVIT OVERRIDE IN DISCIPLINARY INVESTIGATIONS DECEMBER 17, 2020
ACRONYMS
BIA Bureau of Internal Affairs
BWC Body-Worn Camera
CBA Collective Bargaining Agreement
CLEAR Civilian and Law Enforcement Analysis and Reporting
CMS Case Management ...
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