Elgin task force finds obstacles to creating direct police accountability to civilians

Creating a civilian review board with a binding say on discipline for Elgin Police officers won't be as easy as Elgin residents wanting it to be so.

A task force now formally reviewing the potential for that change to police accountability in the city got a preview of some of the obstacles it will face. There are local and state-level practices that may make putting the review board in place difficult and restrict its authority even if it is created.

For one, matters of police discipline are subject to collective bargaining with the city's police union. The current union contract expires at the end of 2022. Negotiations for a new, three-year deal will begin next summer.

There is precedent for civilian review boards throughout the state. Elgin City Council Member Tish Powell told the city's community task force on policing she and a other local officials have reviewed other models in the state. Aurora and Champaign both have review boards in place that Elgin might want to mimic, Powell said.

Those boards can merely recommend discipline for officers accused of misconduct. Final decisions are still up to the police chief and city manager. That's the current policy in Elgin under the existing police union contract.

Several members of the community task force, including Marcus Banner, said there is no point in a civilian review board with no authority.

"All this model is is another dog and pony show right back to the same place where we're at today," Banner said. "The citizens have no power, no say. What truly needs to be done is citizens have final say of who is policing their neighborhoods."

Even if the Elgin police union agreed to such a police board, the Illinois Police Officers Bill of Rights might blunt its investigative powers.

Illinois is one of 20 states with a bill of rights for police officers. Passed in the early 1980s, the state law grants police officers a waiting period before they must cooperate with misconduct investigations. Officers also can get information, in advance, about who will question them and which questions will be asked. They can get access to transcriptions of the interviews before any subsequent questioning, and they get to decide what time of day is reasonable for the questioning to occur.

In April, Maryland became the first state to repeal its officers' bill of rights.

Preliminary discussion on the task force about what a civilian review board would look like indicated a preference for seven to 11 members. The task force also said mandatory minority representation on the council, including Black, female and young members of the community, also should be required. No city employees or people with current or former law enforcement affiliation would be allowed on the board. The review board also would have subpoena power.

The task force will meet again on Nov. 18. There is no current schedule for the task force's subcommittee on forming a civilian review board. The task force will select members of the subcommittee at an upcoming meeting.