Judge's split decision allows arbitration of major CPD disciplinary cases, but in public
CHICAGO (CBS) -- After a monthslong fight over the future of serious Chicago police disciplinary cases, a Cook County judge ruled Thursday that officers facing dismissal or suspensions of more than a year can have their disciplinary cases decided in arbitration, rather than by the Chicago Police Board, but those hearings must be open to the public.
The ruling from Judge Michael Mullen delivers wins to both the Chicago Fraternal Order of Police, which had fought to give officers the option of having an arbitrator decide serious disciplinary cases, as well as Mayor Brandon Johnson, who wanted to keep such cases open to the public.
In his written decision on Thursday, Mullen said while arbitration hearings are frequently held in private, there is no legal requirement to do so.
"There clearly is an extraordinarily strong public policy interest in favor of transparency in cases involving alleged misconduct by Chicago police officers serious enough to result in dismissal or suspension in excess of one year," Mullen wrote. "Police officers differ from other public and private employees in one crucial respect: they are empowered to arrest and, when necessary, employ lethal force against other citizens."
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Mullen's ruling means the city must offer binding arbitration to any police officer challenging dismissal or suspension of more than a year, rather than having their disciplinary case decided by the Chicago Police Board.
The ruling applies to any pending disciplinary cases brought up against any officer since Sept. 14, 2022. Those cases will not be allowed to continue through the Chicago Police Board unless the accused officer agrees to forego arbitration.
The decision stems from a fight between the FOP and the Johnson administration as they were negotiating a new contract for rank-and-file officers.
In their new contract, the FOP Lodge 7 fought to give officers facing serious misconduct cases the option of private arbitration, rather than hearings by the Chicago Police Board, whose members are appointed by the mayor.
During contract negotiations with the FOP last year, arbitrator Edwin Benn sided with the FOP, noting state law requires police officers to have the option of having disciplinary cases decided through arbitration, in part because they don't have the right to strike.
However, Johnson and the City Council twice rejected that bid to upend the city's police disciplinary system, sending the fight to court.
While Mullen sided with the FOP in ruling officers facing serious disciplinary charges should have the option of arbitration, he threw out Benn's finding that those arbitration hearings should be held in private.
Mullen noted Chicago Police Board hearings on police disciplinary cases have been open to the public for decades, and said there is no evidence of any negative consequences from that transparency.
"The Lodge does take issue with the objective nature of the proceedings before the Police Board, but that is not a basis to close any arbitration proceeding to the public," Mullen wrote.
The judge also noted a consent decree being overseen by a federal judge requires the Chicago Police Department to "increase and promote transparency in matters of police accountability" after a Justice Department investigation of CPD found a pattern of civil rights violations against minorities.
In seeking arbitration of major disciplinary cases, the FOP had also sought to require the city to continue paying officers while they challenge any such cases, rather than allowing the city to suspend them without pay.
However, Mullen said the city clearly has legal authority to suspend officers without pay when they're facing dismissal of suspension of more than a year. The judge said officers who are cleared of such disciplinary cases and reinstated can be made whole with back pay, but if an officer is actually fired or suspended for more than a year, the city can't get back any wages that were paid while the officer's case was pending.
Mullen also denied a request from the FOP to require the city to pay its legal fees in the court battle, finding there was no evidence the city acted in bad faith in fighting the union's request for arbitration of major disciplinary cases.
A spokesperson for the city's Law Department said the city is "pleased" that Mullen's ruling allows for arbitration hearings of police disciplinary cases to be held in public:
"His ruling that hearings involving lengthy suspensions and discharges be open to the public furthers the City's goals of transparency and building trust in the police disciplinary process. Further, the court's decision that officers subject to discharge should be suspended without pay pending their dismissal or lengthy suspension upholds the City's important practices and interests."
The FOP did not immediately respond to a request for comment.