Complaint Procedures for Police Employees
Filing a complaint against an Elgin Police Department employee
Illinois law (50ILCS725/3.8(b)), requires that anyone filing a complaint against a sworn police officer must have the complaint supported by a sworn affidavit. It is, therefore, the policy of the department that in all cases, the citizen shall be requested to complete a sworn affidavit.
Who is responsible for investigating complaints?
In most cases, the employee’s supervisor will conduct the investigation with the disposition of each case being reviewed by the police chief. Some investigations may be handled outside the police department. Per city ordinance G24-20 : Internal investigations regarding allegations of misconduct of sworn police officers or other employees of the Elgin Police Department shall be conducted by an independent outside person or entity retained by the city for any of the following types of matters: use of force; breach of civil rights; discrimination; criminal misconduct; incidents where a police officer or a citizen sustain a serious injury or death; or any other formal investigations defined as any matter that may be the basis for filing charges seeking removal, discharge or suspension in excess of three (3) days.
Will the department employee know that a complaint has been made against him or her?
The department member has the right to know the nature of the charges alleged and the identity of the person making the allegation.
How long will the investigation take?
Whenever possible, the investigation will be concluded within 30 days unless unusual circumstances warrant an extension. The department will make every effort to keep the complainant advised of the progress of the investigation. Once the investigation has concluded, the complainant will be notified.
What if an allegation/complaint turns out to be false?
If a complaint is made on a good faith belief of truth and the department member is later exonerated, the case will be ended. Per 50 ILCS 725/3.8, anyone filing a complaint against a sworn peace officer must have the complaint supported by a sworn affidavit. Any complaint, having been supported by a sworn affidavit, and having been found, in total or in part, to contain knowingly false material information, shall be presented to the appropriate State's Attorney for a determination of prosecution.
What will happen to the department member in question?
If, after a complete investigation, it is determined that the allegation is substantiated, the discipline will be dependent on the seriousness of the infraction. Disciplinary actions may range from an oral reprimand to suspension, or in extreme cases, termination.