Independent Police Review Authority Manual Part 1

8/19/2019 Independent Police Review Authority Manual Part 1

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I n d e p e n d e n t P o l i c e R e v i e w A u t h o r i t y

C I T Y O F C H I C A G O

December 18, 2015

V i a E m a i l :

Ms. Adia H. Robinson

[email protected]

R e: F reedom o f I n f o rmat i on Ac t

IPR A F i l e No . : 15 - 056 -38 5

Dear Ms. Robinson:

On behalf of the Independent Police Review Authority (IPRA), I am responding to

your Freedom of Information Act (FOIA) request, received by this office on December 4,

2015. An extension was requested on December 11, 2015 and IPRA is now timely

responding to your request seeking: "the most recent Independent Police Review Authority

investigator training manual."

IPRA is providing you with documents in our possession which we believe to be

responsive to your request. We are providing you with a copy of the Intake and Rapid

Response Manual, as well as the pertinent portions of the IPRA Standard Operating


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P O L I C Y

A . P u r p o s e

EPRA has a responsibility to the public and to the police departmmt to make

eveiy effort possible to attempt to identify and address patterns of misconduct on

the part of officers, both individually and collectively. In an effort to do so, IPRA

investigators, supervising investigators and management are expected to make

every effort possible to identify such patterns of misconduct, even when some or

all of the conq)lalnts are not sustained, by analyzing not only the disdplinaty

history of an officer under investigation, but also the complaint history.

B . P r o c e s s

The following process will ensure this is done and reported to the Chief

Administrator so that he or she may notify the police department of any concerns

relative to an officer's pattem of alleged misconduct. This allows for the Chief

Administrator to make the police dq)artment aware of the pattem of complaints

and concerns so that corrective measures can be taken by the d^artment to

address these conduct and behavioral concerns through a variety of non-

disciplinary actions, to include the referral of the officer to the Pasonnel

Concerns Program, Behavioral Intervention System, Non-Disciplinary

Intervention Program or training. Therefore, the following procedures will be

fi>Uowed by all.

C P r o c e d u r e

Upon recdpt of a complaint and the requisite swom affidavit, the

complaint is converted to a Complaint Register (CR) number and the accused


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The Chief Administrator will then review the matter and, where appropriate,

prepare a memorandum identifying the reasons for his/her concern and requesting

the Superintoident consider one or more of the following: training, a fitness for

duty examination, a psychological evaluation or placement into one of the

department's aforementioned personnel concerns or intervention programs.

The generally established criteria that will be followed for the Chief

Administrator to make a notification to the Superintendent are four (4) complaints

within twelve (12) months duration.* However, the Chief AdmifiisEator may reidr

any complaint against a member, including singular complaints, wh^ concerns

exist and reporting them is deemed appropriate based upon the nature of the

complaint and the totality of the circumstances surrounding the complaint


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Office of Professional Standards Standard Operating Procedures Manual

C O N D U C T O F I N V E S T I G A T I O N

The primary goal of OPS is to conduct complete and thorough investigations into

allegations of misconduct made against both sworn and civilian Department members, in

compliance with existing Department/Unit directives and applicable union contracts.

Investigators will utilize the following methods which include but are not limited to the

following:

L Complainants/Victims/Witnesses

A. Upon assignment of a Complaint Register Number, the investigator will make

immediate contact with the complainant, victim or witness:

1. Via Telephone, in an effort towards detennining a suitable time and place

for an interview and/or statement and photo identification of the alleged

accused, when necessary; and/or

2. In person, at the address provided; and/or

3. Through Cook County Jail (CC J) or Illinois Department of Corrections

(IDOC); and/or

4. Via certified letter, when other attempts to make contact have failed

a. Receipts fiom certified letters will be made an attachment in the

case file.

b. When a receipt from a certified letter has not been returned to OPS


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Office of Professional Standards

Standard Operating Procedures Manual

Depending on the nature or severity of the allegations, a determination will be

made as to whether the investigator must:

1. Take a formal question/answer statement As indicated in G.O. 93-3,

Add. 3, *The member assigned to investigate a complaint against a

Department member will take written statements from complainants and

witnesses when such statements will assist him in reaching a sound

conclusion in the case." (A handwritten statement, taken by the

investigator and signed by the complainant/wirness/victim is acceptable if

the investigator is unable to access a typewriter or computer dtiring a

residential visit, however, upon return to the unit the investigator will type

the statement verbatim and include both the handwritten and typed copies

in the investigative file.)

a. Written statements should be the rule at the outset if the initial

allegations are serious on their face, (i.e. complainant has serious

injuries, off duty incident combined with alcohol and/or use of a

firearm, etc.), or when there is a likelihood that the allegations will

result in a sustained finding.

b. When the use of writt^ statements is not that apparent, (after

obtaining the initial Departmental reports and interviewing the

complainant by telephone) the presence or lack of the following

factors will assist the investigator in determining whether to take a

fGiixial or m person statement versus a telephone mterview. If the

answer to these questions is yes, make an appointment to take a

formal statement or in-person interview depending on the severity

of the allegations.


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Offtce of Professional Standards Standard Operating Procedures Manual

Conduct an in-person interview. In serious cases where a complainant,

victim or witness will not agree to a formal statement but will tell you

their story, an in-person interview will suffice. An in-person interview can

also be conducted during canvasses when dealing with numerous

witnesses or elements that prevent the taking of a formal statement. Once

again, if the allegations are serious, or the evidence is likely to result in a

sustained finding, an in-person interview should also be authenticated by

the person interviewed. (See StatementsAnteniews Compiainants-

Victims-Witnesses)

.Ĉ duct a telephone interview. Telephone interviews are acceptable in

m ŷ4ê ŝOT0us or non complicated fact pattem cases where the

evidence ismSufiSogit to support a finding of sustained for the

allegation(s). HoweveiTifit̂ gpears that the allegations may result in a

sustained finding, telephone intefviea ̂should be a last resort.

Photographs of Department members are maintained in the Intemal

Affairs Divuion photo room. (See Photographs section)

D. If the complainant alleges property damage as part of his/her allegations against a

Department member, advise the complainant of current Department procedures

relative to filing a claim. (S.0.91-20 Damage Claims Against The City)

A. Why you should canvass


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2. A canvass is a useful investigative technique when done properly and in a

timely fashion. When to canvass depends upon circumstances

surrounding the incident, but absent extenuating circumstances, the

canvass will be conducted within seven days of tlie incident or receipt of

the complaint, preferably on the same day of the week, same time of day

as the incident

a. People are creatures of habit. They come and go to work at the

same time. They shop, do errands, take walks, walk the dog, etc.,

in relatively consistent patterns.

b. Potential witnesses may still have any facts surrounding the

incident fresh in their mind.

B. Canvass preparation

1. Review all statements and police reports available prior to conducting the

c a n v a s s .

2. Be tantiUar wifh the aUegatioris.

3. Review the complainant's statement to determine if there were any

witnesses mentioned (i.e. the employee of the newspaper stand, a gas

station attendant, vendor, etc.)

4. Identify pertinent issues and be prepared to ask relevant questions should

you discover witnesses.

5 Determine if a diagram of the scene should be drawn or pictures should be


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3. Avoid ofFering too much "lead in" information of a factual nature.

Don't Say: "Fm investigating an incident that occurred in front of your

house last Tuesday where a police officer struck a young man on the head

with his gun, threw him to the ground and kicked him several times."

Do Say: "Fm investigating an incident that occurred in front of your

house last Tuesday at noon involving the police. Were you home at the

time and did you see or hear anything?**

4. Keep control of the interview. Ask pertinent questions relating to the

central issue(s) in question.

5. Obtain enough personal information about the citizen so that the person

may be contacted at a later date if necessary (i.e. first and last name,

telephone number, date of birth, social security number). Ask to see some

form of identification to verify identity.

6. Do not be timid or overly aggressive in the manner in which you approach

people. Be confident, prof^sional land courteous.

7. Prepare a written report of the interviews conducted summarizing the

essential facts learned from each individual.

8. Prepare a diagram of the scene if it will assist the investigation. (See

samples attached)

1 . . . .

9. Leave your business card. Instruct the citizen to give your name and

phone number to other potential witnesses.


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of Professional Standards Standard Operating Procedures Manual

c. Corroboratioii of a person's injuries is essential in instances where

no photographs or medical records exist. It is important to obtain

as much detailed information as possible from any witness who

observed the injuries. Proving that injuries occurred while in

police custody can be established by interviewing those personswho saw the victim just before the victim was taken into custody

and those persons who saw the victim immediately upon the

victim's release. If the victim had no injuries upon entering

custody, but had injuries immediately upon release, then it is

reasonable to conclude that the injuries were sustained while in

police custody.

4. Firearms and other items used as weapons may be good sources of

evidence. They can be tested for blood, hair, fiber or fingerprints.

a. It is the policy of the Department that command and supervisory

members will initiate a complete and comprehensive investigation

into any allegations of misconduct in accordance with existing

Department directives. (Bureau of Operational Services Special

Order mO-OI) ^

1. Whenever an allegation is made that a police officer stmck

someone with an object such as a police radio, baton,

flashlight, firearm or other weapon, the swom supervisory

member will determine whether any injuries resulted.

2. If the victim was injured (i.e. the skin is broken or there is

some other visible injury in the body region allegedly

stmck by the accused) the supervisory member will


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the test results be limited to the Office of Professional Standards and the

Detect ive Divis ion.

IV. Interviewing Department Members (See Report Required From Department member

and Statements/InterviewS'Police Officers/Department Members sections)

A. Prior to taking a statement the investigator will read the entire investigative file

for the purpose of developing a line of questioning and determining what specific

issues must be covered and have available all pertinent documeats

B. Generally, the accused member will not be required to give a statement or submit

a report until all aspects of the investigation have been completed.

C. Pre-statement discussion with the accused regarding the allegations and activities

of the accused is not permitted. However, if the officer volunteers unsolicited

information, the investigator should document said information. Investigators

will advise the accused that everything is said for the record and there are no "off

the record" statements.

D. Once a statement has been taken or a report has been submitted by the accused,

the investigator will follow up on any leads that may have been revealed.

Conduct any additional investigative steps necessary to prove or disprove the

accused member*s accoimt of the alleged misconduct. Clarify anything that

contradicts pertinent information fix)m the victim or the witness by re-

interviewing the victim or witness, but only on the issue that was contradicted by

the accused.

V. Summary


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OFFICE OF PROFESSIONAL STANDARDS

\ C o m m a n d e r

\ Forensic Services Division

ATTENTION̂nos State Poce Forensc Scence Center - Chcago

\ Marian Caporusso, Biochemistry Section Chief

\ James Gainer, Criminalistics Section Chief

XGarth Glassburg, Chemistry Section Chief

FROM: Investig^or

Office of̂ofessona Standards

Chcago P̂ce Department

SUBJECT REQUEST FV FORENSICANALYSIS

REFERENCER#

M . #

INVENTORY U/s with description p̂roperty:

Summary of type of analysis needed on each\tem:


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The City of Chicago's Identity Protection Policy governs IPRA's use and protection of

Social Security numbers ("SSNs"). A copy of that policy is attached and is also available

on the IPRA intranet on the G:\ drive. The following provides specific guidance for

I P R A .

1 . W h e n t o A s k f o r a S S N

IPRA will continue to ask for and collect SSNs from members of the public in order to be

able to verify the identity of the person providing information to us, as a tool to search for

someone should we need to relocate them after an initial contact, or for any other purpose

necessary for IPRA to perform its duties and responsibilities.

CPD members, whose SSNs are available if needed in CPD records, will not be asked for

the i r SSN.

2. How to Ask for a SSN

SSNs will be requested as part of interviews. However, they will be requested either

before or after the recorded portion of the interview. They shall not be asked for on the

audio recording.

3. Statement of Purpose

Any time an individual is asked for his or her SSN, a copy of the Statement of Purpose,

found on the Board of Ethics website or attached to the City policy, will be provided.

4 . D o c u m e n t s r n n t a i n i n g S S N s


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Our office is now recording interviews/statements of witnesses and complainants who are

not CPD employees, or who are AFSCME or SEIU employees of CPD. Below are the

policy and guidelines for conducting those recorded interviews.

1. Before any interview, make sure you know how to operate and manipulate the

recorder control settings and make sure that it is functioning properly. (There

are separate instructions available on how to operate the device.)

2. Only use the recording equipment that you have been provided. You may not

use your own unless authorized to do so.

3. Before a statement begins, do a test recording and verify it worked. Avoid

background noise by seeking a quiet spot such as an interview room

4. At the beginning of the process, let the person(s) being interviewed know this is

going to be a digitally recorded statement and have them sign the Consent form.

a. If he/she refuses consent, proceed with a non-recorded statement and

document that consent to audio record was requested and denied.

5. Turn on the device. State the Log Number of the investigation. State the name

of the person being interviewed, the date, time and place where the interview is

taking place.

Eg.: This statement is the digitally recorded statement of

regarding Log number- . The interview is being taken at

, o n [ t o d a y ' s d a t e ] a t [ t i m e ]


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a. Ask the interviewee any required preliminary questions as indicated in our

S O P .

b. Let the interviewee know you want him/her to tell you his/her story first

firom start to finish. Then ask the interviewee to teU you what occurred on

the date and time in question involving the Chicago Police.

c. Take notes. Interrupt the interviewee to ask clarifying questions as

needed. However, you want to keep this to the minimnni so as to not

disrupt his/her train of thought. Ask additional clarifying questions when

the interviewee finished his/her version of events.

d. Have a checklist with )̂ u and prepare your questions. Cross them out as

each question is answered.

10. If there is a break during the interview, before pausing the recorder, state that

you are taking a break and the time the break started. Then pause the recorder.

When the interview resumes again, un-pause the recorder and state the date and

time the interview resumed. If there is any change in who is present, indicate

that on the recording and have any new people introduce themselves and spell

their name.

You do not need to indicate on the recording why the break is being taken.

11. Close the statement as you would normally.

12. At the very end, ask the interviewee if his/her statement is a true and accurate

account of what occurred.

13. At the conclusion of the recording, repeat the name of the interviewee, the Log


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envelope and ask the interviewee to sign across the seal. This will be the

original. The other is for use in the investigation.

17. If an interviewee wants a copy, bum a third copy of the CD and give it to the

i n t e r v i e w e e .

18. The interview will be memorialized in your investigation in one of two ways.

Key interviews (victims, key witnesses) will be transcribed. Other interviews

will be summarized in a memorandum written by the investigator after the

interview (this does not need to be signed by the interviewee). (See Guidelines

for Memorializing Recorded Statements.)

In either case the recording will be an attachment to the investigation to back up

the transcription or memorandum.

19. In the event that, after you complete the interview and stop recording, additinnai

information is provided by the interviewee or you identify addition̂ questions

to be asked, re-commence the recording to capture the additional information or

follow-up questions.


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Interviews of Persons with Potential Criminal Matters^

If you have reason to believe a person to be interviewed is represented by an attorney

in a criminal matter or was arrested in conjunction with the incident that is being

investigated (including ALL people interviewed in jail), before beginning the

i n t e r v i e w :

1. Ask the interviewee if he/she has an attorney and wants to talk with that attorney

before talking to BPRA.

a. If the interviewee is willing to give a statement now, proceed with the

i n t e r v i e w .

b. If the interviewee wants to speak with an attorney first, do not proceed

with the interview. Try to arrange a later date to conduct the interview,

once the interviewee has had time to speak to his/her attorney.

Note: If the interviewee requests the phone number to the Cook

County Public Defender's Ofifice, provide the following:

Public Defender, Chief of Felony Trial, 773/674-3217 (phone)

B . I P R A N o t i c e

Any person interviewed who is in Cook County Jail or you have reason to believe

was arrested in conjunction with the incident that is being investigated should receive

the IPRA Notice before beginning an interview.


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Interview Request Form to the Cook County Public Defender and the Cook

County Jail if needed.

3. Refusal to be Interviewed: A potential interviewee's attorney might try to contact

you to indicate the interviewee's choice to not give you a statement. In the

criminal context, such an indication is insufficient to prevent you from attempting

to conduct the interview.

If, however, the interviewee tells you in person or you receive a written statement

signed by the interviewee indicating his/her decision not to speak to you at the

present time, do not proceed with the interview. Instead, contact the

interviewee's attorney to discuss how and when an interview can be arranged.

Note: You may need to follow subpoena procedures, if and when it

becomes appropriate to do so.


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F A L S E A F F I D A V I T R E F E R R A L S

It is important for the integrity of the con^laint process that individuals not make

false coiiq)laints of misconduct. To that end, the State of Illinois and the City,

through the union contracts, have adopted the requirement that there be a signed

statement under oath before an officer may be served with an allegation of

m i s c o n d u c t .

While it is important that IPRA retain as open a system as possible and not chill

legitimate complaints because conq>lamants fear retaliation, IPRA must also protect

its process by not allowing conq>laints to knowing ̂make a false allegation of

misconduct and sign the afGdavit.

IPRA is therefore adopting the following procedure commencing November 15,

2 0 1 3 :

AHegationfs) is **UNFOUNDED** and Appears Knowinglv False

In the event a Supervising Investigator or Investigator is aware of an instance that

may fell in the category of a knowingly false affidavit (Le., where there is evidence in

the file that supports concluding that an affiant knowingly made a material false

allegation, in total or in part, to IPRA)*, the Supervising Investigator and Investigator

should discuss the matter with their Deputy Chief at the time they close that

investigation.̂ If it is determined that there is sufficient evidence to conclude that an

affiant knowingly made a false allegation to IPRA, the following procedures apply:

1. The Supervising Investigator will contact the Cook County State's Attorney's

Office - Special Prosecutions Bureau for potential referral (See Uniform

Peace Officers Disciplinary Act (50ILCS 725/3.8)).

a. Documentation of these discussions will be documented in a report to


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r F f n . n a r i j s e a n d n e g l e c t

Although BPRA employees are not mandated reporters of chUd abuse, it is IPRA*s policy

to immediately report suspected child mistreatment when there is reasonable cause to

believe that physical abuse, sexual abuse, or neglect of a child may have occurred. Such

reports should be made by calling the Child Abuse Hotline (1-800-252-2873).

Reasonable Cause: In considering whether there is *^:easonable cause'* to believe that

physical abuse, sexual abuse, or neglect of a child may have occurred, the following non-

exMustive Victors should be considered.

1. Did the IPRA employee observe injuries or other evidence of abuse or neglect?

a. Since the signs of sexual abuse can be uncertain, if a child makes plausible

sexual abuse allegations against a caretaker or person responsible for the

child's welfare, report it.

2. Did the child communicate information consistent with abuse or neglect? If so, is

information plausible and consistent with what you have observed?

Investigators / Intake Aides; When a complaint involving allegations of child abuse or

neglect is made, find out if anyone called the Child Abuse Hotline. If not (or if

unknown), inform your supervisor.

1. If you become aWare of a conq)lamt involving allegations of abuse or neglect and

are informed that the Child Abuse Hotline was not contacted (and there is no

DCFS investigation already underway), consider whether calling the Hotline is

appropriate. If you determine that the Hotline should be called, have the


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Office ofProfessional Standards

Standard Operatine Procedures Manual

O f fi c e o f P r o f e s s i o n a i S t a n d a r d s

Policy for Interviewing Juvenile Witnesses and Complainants

I . D e fi n i t i o n s

A . J u v e n i l e : F o r O P S p u r p o s e s , a ' " j u v e n i l e " i s a n y

individual 16 years old or younger who is not emancipated from his

o r h e r p a r e n t o r l e g a l g u a r d i a n .

B . E x i g e n t C i r c u m s t a n c e s : " e x i g e n t c i r c u m s t a n c e s " m e a n s a

s i t u a t i o n t h a t a r i s e s d u r i n g t h e c o u r s e o f p r e l i m i n a r y

invest igat ions of a ser ious inc ident which has occurred wi th in 24

hours of the intended contact with a witness, such as pol ice

shootings, serious injur ies, media cases, or other incidents deemed

serious, according to the OPS Standard Operating Procedure (SOP).

C . B r i e f I n t e r v i e w : a " b r i e f i n t e r v i e w " s h a l l b e a n

interview in which the investigator only explores the following:

name, age, competency of the witness to answer questions, identity

of the parent or legal guardian, contact information for the parent

or legal guardian, whether the interviewee has relevant information

a b o u t t h e i n c i d e n t i n q u e s t i o n .

I I . C o n t a c t w i t h J u v e n i l e W i t n e s s e s

A . J u v e n i l e s 1 6 - 1 4 Y e a r s O l d

Absent exigent circumstances, an OPS investigator may

only in terv iew a juveni le 16-14 years o ld wi th pr ior wr i t ten

consent o f the parent or lega l guard ian. Dur ing the in terv iew o f


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Standard Operatine Procedures Manual

interview of any such juvenile, the parent or guardian must be

present. Also, there must be at least two OPS investigator^

present for the entirety of any such interview of a juvenile 13 and

u n d e r .

C. In terv iews o f Juven i les in Ex igent Ci rcumstances

In the event of exigent circumstances as defined herein,

the OPS invest igator can conduct brief interviews, as defined

herein, with any juvenile considered to be articulate and mature

enough without the prior consent of the parent or legal guardian.

Howev e r , unde r no c i r c ums tanc es w i l l a j u v en i l e be a l l owed t o

authenticate any interview without the consent of the parent or

legal guardian,. If a more in-depth interview/statement " is needed

from the juvenile, then prior written consent of the parent or

l ega l guard ian mus t be ob ta ined to conduc t tha t add i t i ona l

i n t e r v i e w / s t a t e m e n t a n d t o a u t h e n t i c a t e a n y

i n t e r v i e w ( s ) / s t a t e m e n t ( s ) .

D . S p e c i a l C i r c u m s t a n c e s f o r D o m e s t i c V i o l e n c e C a s e s

In cases of domestic violence where the juvenile is the

a l leged v i c t im, an OPS inves t iga to r sha l l no t i n te rv iew the

juvenile victim or conduct any type of preliminary investigation

unti l the Youth Division's Special Investigations Unit (SIU) has

c o n c l u d e d i t s i n v e s t i g a t i o n .

I n d o m e s t i c c a s e s , t h e i n v e s t i g a t o r m u s t o b t a i n

permission from the custodial parent or legal guardian to conduct


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Office ofProfessional Standards

Standards Operadne Procedures Manual

CONSENT FOR JUVENILE INTERVIEW

I , , a m t h e p a r e n t / l e g a l g u a r d i a n ( c i r c l e o n e ) o f

, years of age, who has been identijGed as a victim,

complainant, or witness/potential witness in C.R. # I hereby consent for

an Office of Professional Standards (OPS) Investigator(s) to interview

, and certify that he or she can speak and understand the

English/Spanish (circle one) language.

I understand that wil l be asked questions about the facts

and circumstances of a shooting, death in custody or an incident in which allegations of misconduct

have been made against a meraber(s) of the Chicago Police Department, I understand that, at the

conclusion of the interview, and I will be asked to sign the

written interview. I also understand that information gathered during the investigation may require

additional follow up and/or clarification, and I hereby agree to allow the OPS Investigator(s) to

conduct any follow-up mterview(s) which maybe needed during the pendency of this investigation.

I further imderstand that my child may be asked to view photographs in an effort to identify

the accused department members, and that by signing this consent form I am also agreeing to allow

to view photographs.

This consent is given fireely and voluntarily. No promises or threats have been made-to

induce me to sign this consent form.



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S TA TE ME N TS / I N TE R V I E WS C OMP LA mA N TS -y iC nMS -WI TN E S S E S

L Statements/Interviews Complamants-Vicdms-Wftnesses

A. Generally, formal question and answer statements should be taken from

complainants, victims and witnesses when the allegations aiQ of a serious nature

or will assist the investigator in reaching a sound conclusion. If the allegations

are of such a nature that separation from the D ârtment is likely and are of a

serious criminal nature, or will likely result in a sustained iSnding, attempts must

be made to take statements from all persons involved.

1. Statements and/or interviews will contain but not be limited to:

a. The person's fiiU name

b. Home and business address and telephone numbers and another

number where the person can be reached (i.e. relative, neighbor,

etc.)

c. Date of birth, age and Social Security Number (SS#)

d. Verification of identity (Drivers License, State ID, work ID, etc.)

e. Date, time and location of interview or statement

f. A complete narrative relative to the allegations

g. Their relationship, if any, to the accused or complainant


Standard Operating Procedures ManutU


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1. Reading the entire hie, making notes of specific questions relative to the

al legat ions that need to be asked ^

2. Having available all documents germane to the investigation that may be

needed for review by the investigator or the person being interviewed.

B. During the statement/interview, the investigator should:

1. Make the person being interviewed comfortable, have a pleasant

demeanor .

2. Be professional at all times, no eating, chewing gum, drinking beverages,

e t c ,

3. Afford the person and yourself the opportunity to take a break for personal

needs, if the statement is lengthy. (Note on the statement all times when

the statement is stopped and started again for breaks, counsel with

attorney, etc.)

4. Stay in charge of the statement Do not lose control or go off in areas not

geimane torthe mvestiption.

i n . S t a t e m e n t T a k i n g ^

A. The formal Question and Answer (Q&A) statement will be written in the format

of a narrative followed by subsequent clarifying questions. The identity of the

person being interviewed and a brief explanation of the incident will precede the

questioning. (See sample format) The narrative and subsequent questions should

establ ish:

o y y « c . g o j r r o j e s s i o n a i a t a n a a r a s S t a n d a r d O p e r a t i n g P r o c e d u r e s M a n u a l


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him?" Never ask questions like, ̂ Were you resisting?" or "Was the victim

resisting arrest?")

B. Regarding witnesses, the statement/interview should establish the following

i n f o r m a t i o n :

1. Who was present when the incident occurred?

2. Where do they live and what are their telephone numbers?

3. Where were they specifically at the time of the incident (their position)?

4. What was their visibility (lighting, distance) and position relative to the

i n c i d e n t ?

5. What is their relationship to the complainant (fiiend, relative, no relation)?

C. Regarding injuries and medical treatment, the statement/interview should

establish the following:

1. Was anyone injured as a result of the incident?

2. What are the injuries and how did they occur?

3. Was medical treatment obtained? (If so, have the person sign a medical

release form)

4. Are the injuries visible? (If so, have them photogr^hed. It is sometimes

necessary to photograph a person even if the injuries are not visible to

document negative evidence,)

Ofpce of Profess ional Standards Standard Operat ing Procedures Manual


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• height (in comparison with your own, door, etc.)

weight (estimate)

build (fat, husky, slim, muscular)

hair (color, texture, style, grooming, length)

eyes (color, shape-slant or round, clear, bloodshot,

eyelashes & eyebrows-heavy or light)

• g l a s s e s

facial hair (beard, mustache, goatee)

complexion (color, pores, pockmarics, acne, razor

rash, bumps, facial hair)

• other marks or scars (tatoos, body piercing, etc.)

b. Determine if the person can identify the accused fiom photographs.

If so, take them to IAD to view photographs of Department

personnel in an effort to identify the accused.

-v»t C«« ip

c. Document the results ofthe viewing in a To/From report for the

investigative file. Include in the report who was present during the

viewing and if the involved ofhcers were shown to the person (if

known).

d. Personnel Records Division - Employee Information (Kardex) can

provide the race, height and age of Department members, but

should not be relied upon to provide any other accurate means of

i den t i fi c a t i on .

2. How many officers were involved?

3. In what order did the officers arrive?

Office of Professional Standards Standard Operating Procedures


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E. When conducting in-person interviews or taking foimal statements, investigators

should make an attempt to verify the identity of the person they are interviewing.

This is extremely important during canvasses where any interview is obtained or

you just speak with a person who is unable to give any information.

1. There are several ways to verify the identity of the person being

interviewed. Some of these methods are already apphed in the statement

format such as asking the person for their date of birth. Social Security

Number, current address and employment. Additionally, these methods

should be followed up with verification attempts.

a. Ask the person if they can show you their drivers license or picture

identification or any other form of id t̂ification they may have.

b. This information should be documented in your

statements/ interv iews.

c. If the person being interviewed caimot produce any identification,

indicate the reason in the statement/interview if known.

IV, Questioning of Witnesses Regarding Their Observations

A. You are reminded that in phrasing questions to wimesses you are seeking their

observations and not their opinions. For example, the correct question is:

1. "What physical contact did you see Officer Brown have with the subject?"

or, **How did Officer Brown take the subject into custody?"

The incorrect question is, "Did the subject resist the arrest?" or "Was the subject




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intoxicated?" Instead, ask, "Had you been drinking?" and then follow up

with "What had you been drinking. How much? When?"

6. Ask open ended questions. Avoid asking questions that elicit yes or no

a n s w e r s .

7. Avoid compound questions such as, *What did the officer say and what

was he doing at the time?" What frequently happens when a question is

posed like this is the person will answer the second part of the question

and the first part goes unanswered.

8. Let the witness state in their own words what occurred, however, clarify

use of slang or technical words or phrases. (If you paraphrase too much,

you may change the meaning as well as the statement's credibility.)

V , S t r u c t u r e / F o r m a t

A. Formal Statement

1. A formal statement begins with a beading section followed by the

identification questions, the narrative of the incident and clarifying

questions (body of statement), and the closing. (See sample format)

a. The heading should read, "The following is in essence but not

verbatim a summary statement taken in question and answer

format of relative to the allegation(s) that on

(date, time and location and give a brief account of the

allegation)" The reason for a brief account of the allegation is that

you only want to prefrice the statement with a basic foundation,


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STATEMENT FORMAT OF CIVILIAN COMPLAINANTS, VICTIMS & WITNESSFJ:


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O F F I C E O F P R O F E S S I O N A L S T A N D A R D S D a t e

CR#

H E A D I N G

The following is in essence but not verbatim a summary statement taken in question and answer

format of relative to the allegations that on (date, time,

location, and a brief account of the allegations.)

Statement being taken at (location, i.e. the Office of Professional Standards, 1130 S. Wabash,

Chicago, Illinois)

Questioned and typed by:

Date and Time:

Wimessed by:

I D E N T I F I C A H O N Q U E S T I O N S

Question: What is your fiill name, home address and telephone number?

Ans w er :

Question: May I see a form of identification for the record?

A n s w e r :

Question: What is the name of the nearest relative or person close to you where you can be

contac ted?



O F F I C E O F P R O F E S S I O N A L S T A N D A R D S


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CR^

Page 2

Statemeniof

N A R R A T I V E O F I N C I D E N T A N D C L A R I F Y I N G Q U E S T I O N S

In the question/answer mode, ask questions relative to the allegations(s) and record the

person's verbatim responses. Ask pertinent and clarifying questions, anything that will identify

the alleged accused member(s). Make sure all of the allegations are covered including exact

dates, times, locations, descriptions and accounts.

(Example of an opening question designed to elicit the narrative response)

Question: Will you tell me what prompted you to register a complaint against a member of

the Chicago Police Department?

A n s w e r :

(Example ofsome possible clarifying questions that follow the narrative response)

Question: WnniH ymi hft flhift tn irfftwti.fy the yoli are making a complaint against?

Answer: (If the answer is yes, get a complete physical description of each officer involved

and his/her specific actions. Be sure to have them view photographs.)

Question: Do you know their name or star number?

A n s w e r :

Question: Do you have a license number or outside number of the car they were driving?

A n s w e r :


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u j j i c e o j r r o j e s s t o n a t a t a n a a r a s Standard Operating Procedures Manual

STATEMENT FORMAT OF COMPLAINANT. VICTTMS & WITNESSES


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I N C U S T O D Y

OFHCE OF PROFESSIONAL STANDARDS

The following is in essence but not verbatim a summary statement taken in question and answer format

of (name of person being interviewed ) relative to the allegations that on (date, time, location and a

brief account of the allegations.)

Statement being taken at (location of detention facility or hospital).

Questioned by:

Date and Time:

Witnessed by:

Question: Do you understand that you have a right to remain silent?

A n s w e r :

Do you understand that anything you say can and may be used against you in court or

other proceeding?

Do you understand that you have the right to talk to a lawyer before answering any

questions?

Do you understand that if you answer questions now, without a lawyer, you still have the

right to stop the questioning at anytime for the purpose of consulting with a lawyer?


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standard Operating Procedures Manual

R E P O R T W R I T I N G


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L To-FromSubJect Report

A. The most commoiily prepared report is the To-From-Subject report. To-From

reports are written to document various information such as telephone or in-

person interviews, canvasses, personal visits or any action taken by the

investigator relevant to the investigation When gathering information for your

r̂ ort, it is recommended that you list all relevant data on a sheet of paper.

Information may include but not limited to:

1. Names addresses and telephone numbers of complainants, victims and

witnesses. (Include what identification was produced upon request.)

2. Date, time and locations of incident.

3. Accused's and/or partner's name, star number and physical description(s).

4. D^artment vehicle and/or beat number(s).

5. Names, addresses and telephone numbers of witnesses.

6. Any other information which may be necessary for the final report.

B. The information in the body of the report should be organized in a logical order.

Usually, the information will be arranged in chronological order. If the subject of

the report is an interview, the information should be told in a story form so that

the person reading the report can visualize what occurred from start to finish.

Keep in mind that the person reading the report usually has no prior knowledge of


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a. Return any reports needing corrections or clarification to the


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investigator.

b. After reviewing the content of the report, the supervisor will also

advise the investigator if additional work or follow up is needed.

2. Sign or initial the original and supervisors copy on the "Approved" line.

a. Once a case has been closed and submitted, t̂ e supervisor will

ensure that all copies of To-From-Subject reports in the

investigator*s file are also signed.




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S A M P L E F O R M A T T O ^ F R O M S U B J E C T R E P O R T

O F F I C E O R P R O F E S S I O N A L S T A N D A R D S

01 May 2000

OR# 123456

TO: oWef Adminis t rator , Office of Professional Standards

FROM: Inv̂tgator John Smth, #123

SUBJECT Intê ŵ of (CompanantÂctmAVtness), Jack Jones, M/B/dob 26 Feb. 1945,

1210 s)Mchigan, Chicago, Illinois 60605, telephone 773-555-1234 home or 773-

787-2048̂ ork, SS# 123-45-6789. (Verify identification; drivers license. State

ID, etc.) \

On 01 May 2000 at 1000 hours, the Reporting Investigator interviewed by

telephone (or in person), the (comlainant/victim/witness). Jack Jones (state location of interview

was in person, i.e. his residence, mO S. Michigan).

Mr. Jones related in ê iice, but not vcibatim that on (always begin with the

date, tme and ocaton of the ncdêas provded by the compant/vctm/wtness foowed

by a summary of the interview. Determne if there are additional witnesses and identify

them. Ask specfic carfyng questons ̂ the end of the ntervew that w:

1.) help identify the nccû d o£[lcer(s) or

2.) provide additional pertinent facts relative to the allegations being

m a d e . \




01 May 2000


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CR# 123456

TO: Chief Administrator, Office of Professional Standards

FROM: Investigator John Smith, #123

SUBJECT: Observation Made Of Victim (or Complainant) Jack Jones

On 01 May 2000 at 1000 hours, during an in person interview with the victim (or

complainant). Jack Jones, at (location of interview), the R/I observed a bluish discoloration

beneath his left eye.

CR# 123456.

The R/I took photographs of Mr. Jones' injury which were documented under

Investigator John Smith, #123, OPS

A P P R O \ ^ D :

Office of Profess ional Standards Standard Operat ing Procedures Manual

O F F I C E O F P R O F E S S I O N A L S T A N D A R D S 0 1 M a y 2 0 0 0


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OR# 123456

TO: Chief Adminis t rator , Office of Professional Standards

FROM: Invesligalor Jolm Siiiith, #123

SUBJECT: Information Obtain From OOS''^ District Timekeeper

On 01 May 2000 at 1200 hours, the R/I telephoned the 008*'' district Timekeeper

and spoke with Civ. Janice Brown, Employee #654321. Ms. Brown provided the following

information regarding Officer Jerry Jackson's day off group, watch and furlough:

Day Off Group 1

Second Watch: 0730-1600 hours

Scheduled Furlough: 6B and 13 A

Investigator John Smith, #123, OPS

A P P R O V E D :

Supervisor, OPS


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Interviews of CPD Members

Every investigation must be conducted taking into account the unique circumstances of

the specific incident, available evidence, known allegations, and other factors.

1. Tinimg - Unless an exception is granted by a Supervising Investigator for an

investigative purpose or another reason, interviews of accused CPD members

shall be scheduled to occur as soon as practicable after IPRA meeting the

affidavit requirement, if applicable, to support serving of allegations on the

accused CPD member. Ideally, the interview(s) will occur within 4 weeks of

IPRA obtaining the affidavit or another appropriate account if no affidavit is

required.

Criminal Referrals - Where an incident has been referred for potential

criminal prosecution, in order to avoid potential taint to the criminal

prosecution, the Supervising Investigator must approve the taking of all

interviews of CPD Members (both accused and witness members) before

they occur. In deciding whether to approve the taking of the interview, the

Supervising Investigator may need to consult with a Deputy/Coordinator

and/or the prosecutorial or criminal investigatory agency (SAO, FBI, U.S.

Attorney).

Follow-op Interviews — If the on-going investigation uncovers evidence

or information requiring follow-up interviews of CPD members, those

interviews will be scheduled as appropriate. If additional allegations are

discovered after the initial interview of an accused CPD Member,

including violations of Rule 14, the CPD member shall be scheduled for

subsequent interview(s) to address those new allegations.

( 2. ) Mediation - Unless a reason not to offer mediation exists, when an interview

V— of an accused officer is scheduled, a letter will accon̂any the scheduling

documents alerting the accused officer of the opportunity to mediate the


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Recording Statements of Sworn CPD Members

Pursuant to union contracts and direction of the Superintendent (for exempt members), all

sworn members of the Chicago Police Department are required to consent to audio

recording of statements to IPRA.

1. Before any interview, make sure you know how to operate and manipulate the

recorder control settings and make sure that it is functioning properly. (There

are separate instructions available on how to operate the device.)

2. Only use the recording equipment that you have been provided. You may not

use your own unless authorized to do so.

3. Before a statement begins, do a test recording and verify it worked. Avoid

background noise by seeking a quiet spot such as an interview room.

4. At the beginning of the process, let the CPD member being interviewed know

this is going to be a digitally recorded statement.

5. Turn on the device. State the Log Number of the investigation. State the name

of the person being interviewed, the date, time and place where the interview is

taking place.

Eg.: This statement is the digitally recorded statement of

regarding Log number . The interview is being taken at

, o n [ t o d a y ' s d a t e ] - a t [ t i m e ]

6. State your name and spell it and then go around the room and ask everyone to

state their own name and spell it for purposes of later transcription.


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c. Take notes. Interrupt the interviewee to ask clarifying questions as

needed. However, you want to keep this to the minimum so as to not

disrupt his/her train of thought. Ask additional clarifying questions when

the interviewee finishes his/her version of events.

d. Have a checklist with you and prepare your questions. Cross them out as

each question is answered.

9. CPD members may take a break in a recorded interview for the same reasons as

in a non-recorded interview. The CPD member or his/her representative may

request a break verbally by stating they are requesting a break or non-verbally,

by raising a hand.

10. If there is a break during the interview, before pausing the recorder, state on the

recording: 'We are pausing the recording." Then pause the recording; do not

note the time.

11. After the break, when the interview re-starts, re-start the recording and state:

"We are re-starting the recording." (Again, do not note the time ^ If there is

any change in who is present, indicate that on the recording and have any new

people introduce themselves and spell their name.

Do not indicate on the recording why the break is being taken.

12. At no time during the interview will you rewind and play back a prior portion of

the interview. An interviewee will not be allowed to hear a prior question and

response .

13. Close the statement as you would normally.

14. At the conclusion of the recording, repeat the name of the interviewee, the Log

17. Bum a third copy of the CD and either provide it to the CPD member


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immediately or within 72 hours, per the union contract. If the CD will be held

for any period of time before delivery to the CPD member, place the CPD

member's copy in a second envelope, seal the envelope and ask the interviewee

to sign across the seal

18. If requested by the representative of the CPD member, a fourth copy can be

burned on a CD provided by the representative. This copy must be delivered to

the representative at the same time the CPD member receives his/her copy.

19. Whether the CPD member's copy is to be delivered immediately or held for 72

hours, offer to allow the CPD member to listen to the recording on site

immediately after the interview is completed, unless circumstances (such as the

length of interview and time of day) preclude it.

20. The CPD member has until 5 pm on the next business day (weekdays excluding

holidays) after first receiving or listening to the recording to notify IPRA in

writing (email ok) if he/she would like to add to or correct the statement.

If additions or coirections are requested, schedule a subsequent recorded

interview at the earliest convenient date for purposes of recording the new

materiaL Any corrections will be made in a supplemental recording, not

through erasing the first interview or any portion thereof.

If the CPD member elects to listen to the recording on site inunediately

following the interview and wants to make corrections, if possible, make the

corrections in a supplemental recording immediately.

21. The interview will be memorialized in your investigation in one of two ways:

transcription or summarized in a memorandum written by the investigator after

the interview (this does not need to be signed by the interviewee). (See


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Standard: Subject to the limited exception detailed below, a CPD Member will be

identified as an "Accused" if it is reasonable to believe that the CPD member has

been accused of misconduct, without regard to whether that misconduct can be

p r o v e n .

To determine whether that standard has been met, the investigator and supervisor will

look at the totality of the circumstances, including, without limitation:

• The types of identifying information such as name, physical description, beat

or district of assignment;

• The number of officers at the location where the alleged misconduct occurred

who fit the identifying information for the Accused;

• The physical attributes of the location of where the alleged misconduct

occurred, including size and layout;

• Proximity of the CPD member to the incident;

• Eyewitness accounts;

• Information in statements from other CPD members, including supervisors,

about what occurred;

• Audio or video recordings; and


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If DPRA identifies a CPD member as an Accused member due to an error by IPRA,

CPD, or misidentification by a complainant or witness, IPRA will correct that error

by deleting the identification.

For example, if a mistake in reading an Attendance and Assignment Record leads to

misidentification of the involved CPD member, the misidentified member shall be

deleted.

C. D^th of Accused CPD Member

If the accused CPD member dies during a pending investigation, and there are no

living CPD members that are accused, the presumption will be that IPRA will close

the investigation, with a letter to the complainant. The investigation will continue

only if special circumstances exist to justify it, and approval is obtained from the

Chief Adminis t rator to cont inue.

D. Retirement of Accused CPD Member

If a CPD member resigns, retires, or is separated from CPD during a pending

investigation, and IPRA has already obtained a statement from the accused CPD

member prior to termination of employment, IPRA will complete the investigation to

a recommended finding and penalty, which will be forwarded to the Superintendent

of CPD. This will ensure an accurate record of the investigation, in the event that the

CPD ihember attempts to return to CPD, another City of Chicago agency, or another

position where the results of the investigation would be relevant.

If a CPD member resigns, retires, or is separated (with no further appeals pending)

from CPD during a pending investigation, and IPRA has not obtained a statement

from the accused CPD member prior to termination of employment, IPRA will


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If at the time an allegation of misconduct is received, none of the alleged accused

CPD members are current CPD members - all involved CPD members have resigned,

retired, or otherwise left the Department since the incident occuired - IPRA will

register the complaint. The presumption will be that IPRA will Administratively

Close the investigation indicating that the accused are not current CPD members.

The investigation will continue only if special circumstances exist to justify it, and

approval is obtained firom the Chief Administrator to continue.


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Standard: A CPD Member will be identified as an "Accused" if it is reasonable to

believe that the CPD member has been accused of misconduct, without regard to

whether that misconduct can be proven.

To detennine whether that standard has been met, the investigator and supervisor will

look at the totality of the circumstances, including, without limitation:

• The types of identifying information such as name, physical description, beat

or district of assignment;

• The number of officers at the location where the alleged noisconduct occurred

who fit the identifying information for the Accused;

• The physical attributes of the location of where the alleged misconduct

occurred, including size and layout;

• Proximity of the CPD member to the incident;

• Eyewitness accounts;

• Information in statements from other CPD members, including supervisors,

about what occurred;

• Audio or video recordings; and

• CPD records or other documentary evidence.

deleted. However, if a Complainant misidentifies the Accused CPD member, the


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member will remain Accused and the misidentification addressed in the Findings.

C. Death of Accused CPD Member ^ C

If the accused CPD member dies during a pending investigation, and there are no

living CPD members that are accused, the presumption will be that IPRA will close

the investigation, with a letter to the complainant. The investigation will be put in

"Administratively Closed" status. The investigation will continue only if special

OTCumst^ces e^t to justify it, and the Chief Administrator approves continumg. , ,

v X / F ^ M i U • b > W

D . R e t i r e m e n t o f A c c u s e d C P D M e m b e r

If a CPD member resigns, retires, or is separated from CPD during a pending

investigation, and IPRA has already obtained a statement from the accused CPD

member prior to termination of employment, IPRA will con5)lete the investigation to

a recommended finding and penalty, which will be forwarded to the Superintendent

of CPD. This will ensure an accurate record of the investigation, in the event that the

CPD member atten îts to retum to CPD, another City of Chicago agency, or another

position where the results of the investigation would be relevant. When CPD's

review of the investigation is conq l̂ete, the investigation will be placed in either

"Closed/Penalty Not Served" or "Closed/Resigned Not Served" status, depending on

which is appropriate.

If a CPD member resigns, retires, or is separated (with no further appeals pending)

from CPD during a pending investigation, and IPRA has not obtained a statement

from the accused CPD member prior to termination of employment, BPRA will

determine what, if any, further investigative steps should be taken to preserve

evidence in the event the CPD member attempts to retum to CPD employment and

perform those steps. Then, IPRA will place the investigation in "Close Hold" status.


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M l O l T A T T n N

The mediation process as outlined in the FOP and PBPA collective bargaining

agreements is an important tool that benefits both IPRA and the accused members. Thus,

mediation should be utilized whenever appropriate.

Determining Whether to Mediate

Because the main goal of discipline is to correct the accused member's behavior,

mediation only works where the accused member is prepared to acknowledge

responsibility for violating CPD policy in the incident.

IPRA generally will offer mediation to all accused ofhcers when scheduling interviews.

However, the following should be considered.

1. Separation cases, instances where the member refuses to acknowledge

responsibility and instances where the preponderance of the evidence indicates

that the member did not commit misconduct (e.g., exonerated or unfounded), are

not appropriate for mediation.

2. Cases involving multiple accused officers can be mediated if the officer agrees to

give a formal statement to be used for resolving allegations against the co-accused

i f needed.

3. Investigators should discuss with their Supervising Investigator and/or Deputy to

determine whether a particular case is appropriate for mediation.

Commencing Mediation

2. If the mediation penalty recommendation is 30 days or more, the General


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CounseFs designee will contact CPD's Bureau of Intemal Affairs - Advocate

Section (BIA) to ensure that CPD has no objections to the mediation.

3. If the accused has not yet been notified, the General CounseFs designee will

notify the accused member and/or the member's representative of IPRA's offer to

mediate. If the member agrees to mediate, the General Counsel's designee will

ensure that the mediation file is forwarded to IPRA's mediation representative. If

requested, a copy of the mediation file should also be delivered to the member or

the member's representative.

4. The IPRA mediation representative will review the mediation file and, if

necessary, meet with the Investigator, the Supervising Investigator and/or the

Deputy to discuss the charges and the proposed penalty.

a. The penalty may include training or counseling, such as weapons training

or anger management.

b. The IPRA mediation representative may increase or decrease (within

reasonable parameters) the recommendation for discipline based on what

occurs during mediation. For example, if the member admits to

committing a violation that was otherwise not considered as part of the

penalty before the mediation, the IPRA mediation representative may

increase the penalty, if appropriate.

5. The electronic file should be forwarded to the General Counsel's queue under the

following circumstances:

a. If, in re^)onse to the mediation letter sent out at the time formal statements

are scheduled (See Interview of CPD Members SOP), all accused

members have agreed to mediate;

2. Statements made during mediation may not be used against the accused member


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or otherwise included in the file. Therefore, if no agreement is reached, the IPRA

mediation representative is strictly prohibited from discussing the substance of the

mediation with anyone.

3. If an agreement is reached, the IPRA mediation representative will prepare the

Mediation Agreement and ensure that it is signed by all parties.̂ IPRA retains the

original Mediation Agreement.

P o s t M e d i a t i o n

No Agreement Reached

If no agreement is reached, the IPRA mediation representative will inform the

Investigator and Supervising Investigator in writing so the investigation can

continue. The General Counsel will return the electronic file to the Investigator*s

queue, if appropriate.

Agreement Reached

1. If an agreement is reached, the IPRA mediation representative will:

a. Upload the signed Mediation Agreement, Notification of

Charges/Allegations, and Administrative Proceedings Rights into

C L E A R .

c. Once the materials are uploaded, deliver them to the Supervising

Investigator so they can be included in the original file.

2. The General Counsel will return the electronic file to the Investigator's

queue, if appropriate.

contained in (a.) immediately above. This will be done so


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the case against those members can be closed before the

complete investigation against the remaining members is

l ^n i shed .

ii. The second will be an amended version of the first, and will

address each of the allegations against all the accused

members. For the members that did not mediate, a

con^lete report must be con^leted. The conclusions and

findings pertaining to the members that successfully

mediated can simply read, "See Mediation Agreement."

3. When the CLEAR file is up to date, the Supervising Investigator will enter

the discipline amount, re-forward the electronic file to the General

Counsel's queue, and inform the General Counsel of that fact via email

The General Counsel will send the electronic file to the Chief

Administrator and inform the Chief Administrator of that fact via email

The Chief Administrator will then submit the file to the IPRA Records

Department (Pending Review Incident (IPRA Use Only)).

a. Once the file is in the IPRA Records Department queue, a member

of that department will review the signed mediation agreement to

determine if options were granted. If so, the member must clearly

note that fact, along with the number of days for which options

were granted, in the comment section.

4. From the status 'Tending Review Incident (IPRA Use Only)," the case

will be moved electronically in the following manner.

a. The BPRA Records Department will electronically submit the file

to Internal Affairs' queue ('Tending Review Incident (IAD Use

Superintendent Review


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Separation

If the Superintendent chooses to disregard the mediation agreement and separate

the member̂ the IPRA mediation representative will notify, in writing, the Chief

Administrator, the General Counsel, the appropriate Deputy, the Supervising

Investigator, and the Inv̂ tigator, so that the investigation can continue.

No Separation

1. If the Superintendent does not seek separation of the member, the

Superintendent will submit the case to status ̂ Pending Review After

Superintendent Decision."

a. This submission is the Superintendent's electronic signature.

2. The IPRA Records Department will then email the Supervising

Investigator alerting them to prepare the '*Grey Sheet" and submit the

original tile to the IPRA Records Department.

3. The IPRA Records Department will then electronically send the case to

CPD - Finance (status 'Pending Finance Division") with a comment

clearly identifying the matter as a mediation case and instructing that it

must not go through appeals but must go directly to CPD - Finance.

4. CPD - Finance will enter the necessary information and return the

electronic file to EPRA's Records Department. The IPRA Records

Department will then close the file.


S T A T E M E N T S - D E P A R T M E N T M E M B E R S


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L Statement Taking - Police Officers

A. When to call in the ojBBcer for a statement

1. Generally the accused is called in at the end of the investigation.

2. The witness officer/member may be called in at any phase of the

investigation, (i.e. Lockup keeper as soon as possible to corroborate

injuries) but is usually interviewed after the civilian witnesses have been

i n terv iewed.

NOTE: . As .soon as an officer is identified, call the unit of

assignment to determine fiieir watch, day oft group and

furlough schedule. Knowing this information far

enough in advance will assist in scheduling and may

prevent unnecessary delays in the investigation waiting

for an officer to return from furlough.

B. Scheduling the ofScer

1. Prepare the Request for Notification of Appointment (CPDform M4.287)

2. Schedule the member while they are on duty

3. Contact the unit secretary so that the appointment may be recorded in the

Commanding Officer's (CO) book


2. Administrative Proceedings Rights or Criminal Rights (forms are self

explanatory) (CPD form M4A05)


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as *(•

3. Waiver of Counsel/Request to Secure Counsel. (CPD form U44.106) Fill

out the top or bottom section that applies

D. An accused member receives all'&Fee forms at their initial appearance.

1. Present the forms to the member in the proper order as they are listed in C.

1,2, and 3. (This is also the order that they will be numbered as

attachments in the case file.)

2. Every subsequent appearance by the accused requires that a new set of

forms be completed and made part of the case file.

3. A new Waiver of Counsel form does not need to be completed if the

member brings counsel with them.

E. Note the time on the forms when they are presented to the member and allow

them time to read them. Ask if they understand each form and explain that they

are entitled to a reasonable time to obtain counsel (usually up to 72 hours). .

S««t- tWr So w«. ktk*.

F The member may have questions that you may answer to the best of your ability. ^

Remember, however that the member will not be provided the following:

1. The addresses or telephone numbers of complainant

2. The identities, address and telephone numbers of witnesses


Appointment form should clearly inform the officer that he is a witness, the date,

time, location and general subject matter (i.e. arrest of John Jones) and RD# if


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avai lable.

1. If, at an3^time, during the course of an interview, a witness member

divulges their own violation of Department rules, regulations or directives,

or participation in a criminal act, the investigator will:

*

a. Stop the questioning.

b. Prepare the forms for an accused officer as outlined above

in item "C" and inform the witness that they are now an

accused in the investigation.

c. Continue the statement if the member waives counsel.

d. If the member requests to secure counsel, establish a

continuance date, time and location during the member's

assigned hours.

e. Follow the ''Statement Format Of An Accused Member,"

I. The statement should always establish the officer's:

a. duty status

b . w a t c h w o r k e d -

c. beat of assignment

d . u n i f o r m o r c i v i l i a n d r e s s

e. type of car assigned to

J. There will usually be a main question that will lead into the officer's narrative.

The question will state the date, time and location of the alleged incident.


{ O r :


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Q: *T)id you have contact with the complainant?"

Q: "When did this contact occur?"

Q: "Where did this contact occur?"

Q: 'Describe this contact."

K. Following the narrative, ask whatever clarifying questions are necessary. The

same rules on asking questions apply to complainants or police ofScers. (i.e. As a

rule, do not ask leading questions, however, there may be times when an officer is

evasive which may require asking a leading questions. Clarify statements that are

vague.)

1. Whenever identification is an issue, (particularly is the

complainant/witness was unable to identify the accused firom photos) ask

the accused:

Q: What is your height?

Q: What was your weight on ^(date of incident)?

Q: What is your race?

Q: How would you describe your complexion?

Q: What color and style was your hair on ^(date of incident)?

Q: Did you wear glasses on ^(date of incident)?

L. When the statement is completed, the time should be recorded. The accused

should read his statement and sign it He should be given a copy of the statement

and the forms.


attorney is uncooperative and repeatedly disrupts the interview, seek assistance

from your supervisor. If a supervisor is unavailable, inform the attorney the


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interview will be terminated unless the attomey stops the disruptive behavior.

1. The attomey naay advise his client before the client answers the question.

2. The attomey can not answer for the officer nor inteqect into the middle of

a sentence with, **What he means is "

3. The investigator should not answer questions posed by the attomey such

as, "Why did this case take so long,...etc."

B. Most police officer statements will begin with the officer giving the following

disc la imer :

"I want to preface this statement by saying that I am not giving this statement

voluntarily, but under duress. I am only giving this statement at this time because

the Department's Administrative Rights advises me that I must give a statement

or I could be fired firom my job if I refuse."

Note: Record the disclaimer in the statement and proceed with the interview.

(' in, Garrity Information (Administratvife Rights vs. Criminal Rights)

A. Garrity rights fGarritv v. New Jersev. 385 U.S. 493 {1967) ) are the administrative

warnings which an employer must give to the employee before requiring him to

answer questions which migjht be used against him in a criminal case.

B. When it is likely that an officer may face criminal charges resulting from the same


IV, Refusal To Answer Under Administrative Rights

A. If an officer refuses to answer questions under administrative rights, a higher


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ranking sworn Department member must issue a direct order to the officer to

answer the questions. (See sample format)

1. Contact the accused member's unit of assignment and request that a

supervisor come to OPS. If no supervisor from the accused member's unit

of assignment is available, a siq)ervisor from the Internal Affairs Division

can be summoned. In some circumstances, a direct order can be issued

over the telephone:

a. when the accused member agrees to accept the order over the

telephone

b. when the supervisor is from the accused member's unit of

assignment and is known to the accused

c. when no siq)ervisor is available from the Internal Affairs Division

2. Upon arrival at OPS, the supervisor will identify himself to the accused.

3. The supervisor will give the accused a direct order to answer the questions

relative to the investigation.

4. The statement will reflect the direct order given by the supervisor

verbat im.

B. If the officer states an objection to a question, the statement will indicate,


V. Proofreading of Statement

A. The member will be allowed to read the entire statem^t. They will be advised


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prior to reading that if they wish to make any corrections in spelling or additions,

they will put one line through the error, add the correct information and initial all

changes.

1. If the person interviewed is a member of the agreement between the

Department and F.O.P. Lodge #7, they will be provided, without

unnecessary delay (has been interpreted to be 24 hours), with a copy of

any written statement that they have made.

2. Signatures of the investigator, member and any witnesses (including

attorney/representatives) should be written right below the last sentence of

each page. If a member or witness refuses to sign, the investigator will

still place their signature as outlined above.

Office of Profess ional Standards Standard Operat ing Procedures Mani

STATEMENT FORMAT OF DEPARTMENT MEMBER COMPLAINANTS. WITNESSES

O R V I C r i M S


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O m C E O F P R O F E S S I O N A L S T A N D A R D S D a t e

H E A D I N G

Statement of complainant/victim/witness, (rank, name, star or employee number and unit of assignment)

relative to an allegation that on (date, time, location and a brief account of allegation(s).

Statement being taken at (location, i.e., the Office of Professional Standards, 1130 S. Wabash Ave,

Chicago, Illinois).

Questioned and typed by: (Investigators name, star and unit)

Date and Time:

Witnessed by:

(List any other persons present, including attomeys or representatives, address

and telephone number)

I D E N T I F I C A T I O N O U E S T I O N S

Q. What is your name, star or employee number and unit of assignmoit?

A .

Q. What is your current age and date of birth?

A .

What is your social security number? ^



Page 2

D a t e

OR#"


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D E P A R T M E N T M E M B E R

Statement of (name, star or employee number of complainant, victim or witness)

Q. Are you aware that this statement has the standing of an official Department report and that any

intentional falsification of any answer to any question would be in direct violation of Department

Rules and Regulations?

A .

B O D Y O F S T A T E M E N T

In the question/answer format, ask question relative to the allegations(s) and record the verbatim

responses. Ask pertinent and clarifying questions. Make sure all allegations are covered including exact

dates, times, locations, descriptions and accounts.

Q. On (date and t ime) at Gocation) did you come into contact with ?

A .

Q. In you own words, tell me what happened.

A .

Q. Were there any witnesses to this incident?

A .

C L O S I N G O F S T A T E M E N T

Prior to the closing question, review the entire statement and your notes to make sure all allegations have

been addressed and no leads have been left unanswered.

Q. Is there anything you wish to add to this statement?


STATEMENT FORMAT OF DEPARTMENT MEMBER WTTNESS WHO DIVULGES

T H E I R O W N M I S C O N D V C T


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OFTICE OF PROFESSIONAL STANDARDS

H E A D I N G A N D I D E N T I F I C A T I O N O U E S T I O N S

The heading and identification questions are the same format as that of Department Member

Complainants, Witnesses or Victims

B O D Y O F S T A T E M E N T

If during the narrative or clarifying questions, a Department member divulges their own violation of

Department rules, regulations or directives, or participation in a criminal act, the investigator will:

1. Stop the questioning

2. Prepare a Notification of Charges, Criminal or Administrative Proceedings Rights form

and Waiver of Counsel or Request to Secure Counsel form and inform the witness that

they are now an accused in the investigation

3. Continue the statement if the member waives counsel

4. Establish a continuance date, time and location during the assigned hours of the member,

if the member requests to secure counsel

5. Follow the **Statement Format Of An Accused Member" when the statement resumes


S T A T E M E N T F O R M A T O F A N A C C U S E D M E M B E R


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O F F I C E O F P R O F E S S I O N A L S T A N D A R D S

H E A D I N G

Statement of accused (rank, name, star or employee number and unit of assignment) relative to an

allegation made by (complainant's name) that on (date, time, location and a brief account of the

allegation(s).

Statement being taken at (location, i.e. Office of Professional Standards, 1130 S. Wabash, Chicago,

I l l inois)

Questioned and typed by: (Inves

Documents

Independent Police Review Authority Manual Part 1