The Illinois Supreme Court Thursday ruled that misconduct records related to Chicago police officers that are more than five years old must be preserved.
The state’s highest court found that the need to preserve public records outweighed a section of the collective bargaining agreement between the city and Fraternal Order of Police that mandated the destruction of police misconduct files after five years.
The FOP, the union that represents rank-and-file officers, had sued the city, arguing that it violated the CBA by failing to destroy the old records.
At the crux of the lawsuit was section 8.4 of the CBA, which reads:
“All disciplinary investigation files, disciplinary history card entries, Independent Police Review Authority and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of such record other than records related to Police Board cases, will be destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer.”
The case eventually went to an arbitrator, who found in favor of the FOP.
The city appealed the ruling in Cook County Circuit Court and won. The state appellate court agreed, and the FOP eventually appealed to the state supreme court.
In its ruling Thursday, the state supreme court said:
“We find that the arbitration award violated an explicit, well-defined, and dominant public policy. The appellate court was therefore correct when it affirmed the judgment of the circuit court vacating that award. Accordingly, the judgment of the appellate court is affirmed.”
Mayor Lori Lightfoot Thursday expressed support of the higher court’s decision, saying true legitimacy cannot be possible if disciplinary records are hidden.
Contributing: Fran Spielman
