CBA Record July-August 2019

Approval of Consent Decree The court approved the consent decree in January 2019, with its opinion saying that it is “lawful, fair, reasonable, and adequate” and that it is “consistent with the Constitution and law, does not under- mine the rightful interests of third parties, and is an appropriate commitment of the court’s limited resources.” E.E.O.C. v. Hirman Walker & Sons, Inc., 768 F.2d 884.889 (7 th Cir. 1985); Kasper v. Db. Of Election Comm’rs of the City of Chicago , 814 F.2d 332, 338 (7 th Cir. 1987). The consent decree is not a finding of guilt against either party or an admission of liability by anyone, nor is it necessarily the end of the matter. The State and City will need to continue to work together to resolve these extremely important issues that affect everyone in Chicago. Moving Forward Of importance, the court’s opinion noted that this consent decree “is not perfect.” However, it “is an important first step toward needed reforms of the Chicago Police Department and its policies.” The goal is to ensure that “the critically important job of policing in Chicago is done fairly, transparently, and without bias, affording dignity to those who are served and protected and proper guidance, training, and support for the women and men who comprise the police force.” As a matter of contract enforcement, the court will continue to have author- ity over the parties and will work closely with the appointed “monitor, the parties, and the people of Chicago to secure and maintain compliance with the terms of

on the proposed consent decree. Further- more, the State received roughly 1,600 additional comments to the proposed consent decree. In June 2018, the Fraternal Order of Police Lodge No. 7, the exclusive repre- sentative for the purpose of negotiating with the City of Chicago for wages, hours and working conditions of Chicago police officers, filed a Motion to Intervene in the State’s lawsuit. The FOP sought to become a party to the proceeding because it did not agree to the March 2018 Memoran- dum of Agreement. In August 2018, the Court denied the motion, and the Seventh Circuit affirmed in January 2019. In July 2018, the State and City released a draft Consent Decree for public review. Topics included community polic- ing; impartial policing; crisis intervention; use of force; recruitment; hiring and promotion; training; supervision; officer wellness and support; accountability and transparency; data collection, analysis and management; and implementation, enforcement and monitoring. The Con- sent Decree also acknowledged that the City is subject to collective bargaining agreements with unions representing police officers and that the decree will not alter or conflict with any of these agree- ments. By August 2018, the public had sub- mitted almost 1,700 additional comments on the draft consent decree, resulting in more changes. (The majority of comments favored the decree, while some opposed it and others wanted it to be stronger.) A revised consent decree was submitted to the court for approval in September 2018.

the decree with an eye toward ultimately terminating the decree upon a finding of substantial compliance.” The recently assembled monitoring team will have a $2.85 million maximum annual budget. It will work with the court, the State, the City, and constituent groups for as long as necessary to ensure compliance. Furthermore, the City will need to use “best efforts” in working with the unions representing the Chicago Police Department to achieve many of the reforms required by the decree. Court oversight will end only upon full compli- ance with the consent decree. The Municipal and the Law Committee is con- cerned with the functioning of procedures and miscellaneous matters relating to all districts and divisions of theMunicipal and LawDivisions of the Circuit Court of Cook County, including (First Municipal Sections: Criminal/Civil includ- ing Post Judgment, Housing, Eviction - Law Sections: Law Jury, Commercial, Tax and Mis- cellaneous Remedies and other miscellaneous matters) proposed legislation, rules and proce- dures for that division and the inter-relationship of the various governmental agencies affecting those divisions including the offices of the Clerk and of the Sheriff. Join the committee’s roster atwww.chicagobar.org/committees or call 312- 554-2134 to receive email notice of upcoming meetings and seminars. Join Municipal and the Law Committee

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