Ordinance O2021-3993 Active

Non-Routine City Matters Municipal Code


Amendment of Municipal Code Sections 2-78-100 and 2-78-120 by defining sexual misconduct and modifying powers and duties of Chief Administrator of Civilian Office of Police Accountability

Sponsors

Sponsor Ward
Martin, Matthew J.
Martin, Matthew J. Primary Sponsor Martin, Matthew J. in Chicago City Council (Alderman)

History

Date Action Legislative body
9/13/21 Referred to Committee on Public Safety Chicago City Council

Legislation text

Committee on Public Safety City Council Meeting September 14,2021 ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Section 2-78-100 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through as follows: 2-78-100 Definitions. The following terms wherever used in this chapter shall have the following meanings unless a different meaning appears from the context: (Omitted text is unaffected by this ordinance) "Commission" means the Community Commission for Public Safety and Accountability established in Chapter 2-80. "Domestic violence" means physical abuse (other than sexual abu3c), harassment, stalking, intimidation or violations of orders of protection (or similar court orders) involving a sworn officer's family or household member. As used in this definition, the term "family or household member" means spouses or former spouses; parents, children or stepchildren whether by blood or adoption; persons who share or formerly shared a common dwelling; persons who have or are alleged to have a child in common; or persons who have or have had a dating or engagement relationship. (Omitted text is unaffected by this ordinance) "Police Department" means the Department of Police established in Chapter 2-84 of this Code. "Sexual misconduct" means: (0 any behavior by a member ofthe Police Department that takes advantage of the member's position in law enforcement to misuse authority and power (including forced in order to commit a sexual act, initiate sexual contact with another person, or respond to a perceived sexually motivated cue (from a subtle suggestion to an overt action') from another person: (ii) any sexual communication or behavior by a member of the Police Department that would likely be construed as lewd, lascivious, inappropriate, or conduct unbecoming of a member of the Police Department: (iii) anv attempted or completed act by a member of the Police Department of nonconsensual sexual conduct or nonconsensual sexual penetration, as defined in Section 11-0.1 of the Illinois Criminal Code of 2012: (iv) anv attempted or completed act bv a member of the Police Department of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, as defined in Sections 11-1.20 through 11-1.40 of the Illinois Criminal Code: or (v) any attempted or completed act by a member of the Police Department of criminal sexual abuse or aggravated criminal sexual abuse, as defined in Sections 11-1.50 and 11-1.60 of the Illinois Criminal Code of2012. {Omitted text is unaffected by this ordinance) SECTION 2. Section 2-78-120 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through as follows: j 2-78-120 Office and Chief Administrator - Powers and duties. The Office and Chief Administrator shall have the following powers and duties: To receive and register all complaints filed against members of the Police Department; To conduct investigations into complaints against members of the Police Department alleging domestic violence, sexual misconduct, excessive? force, coercion, or verbal abuse; (Omitted text is unaffected by this ordinance) (i) To refer a complaint against a member of the Police Department within the Office's jurisdiction to mediation or such other methods of alternative dispute resolution that may be adopted in the Chief Administrator's discretion, except for complaints alleging the use of excessive force that results in death or serious bodily injury, cases of sexual misconduct, and cases of domestic violence involving physical abuse or threats of physical abuse. The Office shall promulgate rules governing such mediations and other dispute resolution methods, which shall provide that participation shall be voluntary for all parties, and that the complainant, if any, shall be provided an opportunity to participate in the mediation process or other alternative dispute resolution process; (Omitted text is unaffected by this ordinance) Matthew J. Martin Alderman, 47th Ward SECTION 3. This ordinance shall take effect upon passage and approval.