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| Chicago’s Plan to Toughen Oversight of Police Is Under Fire | Chicago’s Plan to Toughen Oversight of Police Is Under Fire |
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| With Chicago thrown into turmoil last year after video footage showed a police officer shooting a black teenager as he lay sprawled on the ground — contradicting the accounts of the officers involved — Mayor Rahm Emanuel sought to stem the crisis. | With Chicago thrown into turmoil last year after video footage showed a police officer shooting a black teenager as he lay sprawled on the ground — contradicting the accounts of the officers involved — Mayor Rahm Emanuel sought to stem the crisis. |
| He appointed a task force made up of leading civil rights experts, academics and lawyers to improve policing. The task force made blunt recommendations for fundamental changes in the oversight of the Chicago police. | He appointed a task force made up of leading civil rights experts, academics and lawyers to improve policing. The task force made blunt recommendations for fundamental changes in the oversight of the Chicago police. |
| One of the most important recommendations was the creation of a tough new agency to investigate serious misconduct and police shootings, replacing a feckless predecessor. Crucial to the agency would be the selection of an administrator by a new community oversight board, a process that was to be insulated from politics to discourage interference in investigations. | One of the most important recommendations was the creation of a tough new agency to investigate serious misconduct and police shootings, replacing a feckless predecessor. Crucial to the agency would be the selection of an administrator by a new community oversight board, a process that was to be insulated from politics to discourage interference in investigations. |
| The task force also said the new agency’s budget should be determined by a set formula that guaranteed enough money to do a credible job — which also would avoid efforts by a mayor or by aldermen to starve it if they were upset by crackdowns on wayward police officers or wanted to appease the powerful police union. | The task force also said the new agency’s budget should be determined by a set formula that guaranteed enough money to do a credible job — which also would avoid efforts by a mayor or by aldermen to starve it if they were upset by crackdowns on wayward police officers or wanted to appease the powerful police union. |
| Mayor Emanuel revealed his proposal for the new agency, to be called the Civilian Office of Police Accountability, last week. But a decision on how to choose its administrator was put off, with his office saying only that the to-be-determined community board would “play a role.” There was no mention of the process being sheltered from political influence, as the task force urged. Nor did his proposal include a mechanism to protect the agency’s budget or ensure it would have enough money. | Mayor Emanuel revealed his proposal for the new agency, to be called the Civilian Office of Police Accountability, last week. But a decision on how to choose its administrator was put off, with his office saying only that the to-be-determined community board would “play a role.” There was no mention of the process being sheltered from political influence, as the task force urged. Nor did his proposal include a mechanism to protect the agency’s budget or ensure it would have enough money. |
| The mayor’s plan disappointed some who worked on the task force, who said it showed little willingness to change. They said that the proposal seemed to indicate a reluctance by the mayor to cede control of the oversight of the police, which he had shared under the system that was being replaced. | The mayor’s plan disappointed some who worked on the task force, who said it showed little willingness to change. They said that the proposal seemed to indicate a reluctance by the mayor to cede control of the oversight of the police, which he had shared under the system that was being replaced. |
| Others, while concerned the proposal fell short, said the mayor deserved some credit, that his plan incorporated other recommendations, and that they were optimistic that it would be amended before the City Council voted on the plan at the end of the month. | Others, while concerned the proposal fell short, said the mayor deserved some credit, that his plan incorporated other recommendations, and that they were optimistic that it would be amended before the City Council voted on the plan at the end of the month. |
| “This has an unhappy feeling of déjà vu,” said Locke Bowman, executive director of the Roderick & Solange MacArthur Justice Center at Northwestern’s Pritzker School of Law, comparing previous efforts to change oversight of the police. He added that the proposed agency “seems like alphabet soup, changing the letters and very little else.” | “This has an unhappy feeling of déjà vu,” said Locke Bowman, executive director of the Roderick & Solange MacArthur Justice Center at Northwestern’s Pritzker School of Law, comparing previous efforts to change oversight of the police. He added that the proposed agency “seems like alphabet soup, changing the letters and very little else.” |
| But Lori E. Lightfoot, the chairwoman of the task force, said she believed the process was “moving forward in a way that is giving me optimism,” though more must be done to guarantee that the new agency and a proposed police inspector general had enough resources. | But Lori E. Lightfoot, the chairwoman of the task force, said she believed the process was “moving forward in a way that is giving me optimism,” though more must be done to guarantee that the new agency and a proposed police inspector general had enough resources. |
| What the city is now deciding is how much latitude — and independence — to give those who would oversee and investigate serious allegations of misconduct by the police. The decision carries significance in the national debate on policing in the aftermath of video of black people being shot in Chicago and other American cities and towns that has spurred investigations and demand for change. | |
| Activists are looking to the proposal for signs of how far Chicago is willing to go to mend the deeply fractured relationship between the police and minority residents, which worsened after the video emerged in November of the police killing Laquan McDonald, 17. | |
| The Council vote, which includes the plan for the new police inspector general, is Sept. 29. | The Council vote, which includes the plan for the new police inspector general, is Sept. 29. |
| A mayoral aide who was authorized to speak about the plan only without attribution declined to say whether the mayor’s proposal might be substantially altered by then, but said nothing had been ruled out. The aide noted that decisions about how to structure the new community oversight board — another task force recommendation — were delayed at the request of community leaders, who sought more time for review. “We should wait to see what they come up with,” the aide said. | A mayoral aide who was authorized to speak about the plan only without attribution declined to say whether the mayor’s proposal might be substantially altered by then, but said nothing had been ruled out. The aide noted that decisions about how to structure the new community oversight board — another task force recommendation — were delayed at the request of community leaders, who sought more time for review. “We should wait to see what they come up with,” the aide said. |
| The aide also pointed out that the plan had been released a month early, providing critics with a chance to weigh in. The aide said that many of its details were in line with other recommendation by the task force. | |
| For almost a year, Chicago and its high-profile mayor have been reeling from the fallout of the McDonald slaying. The public reaction to the video drove out the police superintendent and led to an investigation by the Justice Department. | |
| In April, the task force appointed by Mr. Emanuel issued a devastating report that said the city’s own data helped substantiate “the widely held belief the police have no regard for the sanctity of life when it comes to people of color.” | |
| The mayor responded by promising changes to the officer discipline process, while warning against demonizing police in the midst of a crime wave in which the number of slayings and shootings in the city grew this year by almost 50 percent over the same period last year. | The mayor responded by promising changes to the officer discipline process, while warning against demonizing police in the midst of a crime wave in which the number of slayings and shootings in the city grew this year by almost 50 percent over the same period last year. |
| So far, critics said, the progress has been slow. | So far, critics said, the progress has been slow. |
| “The mayor’s proposal doesn’t embrace accountability and transparency, and really just seems like window dressing,” said Sheila Bedi, a professor at Northwestern’s law school and a member of one task force working group. “Elemental concepts of police oversight are being ignored.” | “The mayor’s proposal doesn’t embrace accountability and transparency, and really just seems like window dressing,” said Sheila Bedi, a professor at Northwestern’s law school and a member of one task force working group. “Elemental concepts of police oversight are being ignored.” |
| She noted another problem: the Civilian Office of Police Accountability would use the city’s Law Department — which also represents the mayor and police officers — to enforce subpoenas and take other action in pursuit of officers who the same law department may also be defending, she said. “You don’t have to be a legal scholar to see the clear conflict.” | She noted another problem: the Civilian Office of Police Accountability would use the city’s Law Department — which also represents the mayor and police officers — to enforce subpoenas and take other action in pursuit of officers who the same law department may also be defending, she said. “You don’t have to be a legal scholar to see the clear conflict.” |
| In the past, failures of the system have presented leaders with opportunities to improve accountability, but the city has not followed through, said Mr. Bowman, a member of the task force working group on the oversight of the police. He recalled the cover-up after an officer assaulted a female bartender in 2007. | In the past, failures of the system have presented leaders with opportunities to improve accountability, but the city has not followed through, said Mr. Bowman, a member of the task force working group on the oversight of the police. He recalled the cover-up after an officer assaulted a female bartender in 2007. |
| That scandal led to creation of the Independent Police Review Agency. But that is now the very office that would be replaced by the new agency after it rarely penalized officers and lost credibility with the public. | That scandal led to creation of the Independent Police Review Agency. But that is now the very office that would be replaced by the new agency after it rarely penalized officers and lost credibility with the public. |
| Ms. Lightfoot, who headed the task force, said the mayor should get some credit for his proposal, which she said contained elements of the recommendations. And she said she was hopeful the mayor would resolve the financing and legal conflict issues by the time the City Council voted. | Ms. Lightfoot, who headed the task force, said the mayor should get some credit for his proposal, which she said contained elements of the recommendations. And she said she was hopeful the mayor would resolve the financing and legal conflict issues by the time the City Council voted. |
| “I don’t think the final die has been cast,” she said, adding the mayor is aware of “the very strong desire” in the community that the agency’s future leaders be selected in a way that fosters credibility and independence. | “I don’t think the final die has been cast,” she said, adding the mayor is aware of “the very strong desire” in the community that the agency’s future leaders be selected in a way that fosters credibility and independence. |
| Asked why Mayor Emanuel did not embrace more of what the task force recommended, she answered, “I don’t do mind-reading very well.” | Asked why Mayor Emanuel did not embrace more of what the task force recommended, she answered, “I don’t do mind-reading very well.” |
| The mayor could tighten his plan out of tactical necessity, if minority aldermen who often support him want a tougher measure. Some say his staff is working to address those concerns. | |
| “There are a handful of provisions that the ordinance absolutely must get right, and the mayor’s proposal gets some of them right,” said Adam Gross, another member of the oversight working group. “There is a lot of time between now and Sept. 29 to get things right, and a lot of reasons to get them right.” | “There are a handful of provisions that the ordinance absolutely must get right, and the mayor’s proposal gets some of them right,” said Adam Gross, another member of the oversight working group. “There is a lot of time between now and Sept. 29 to get things right, and a lot of reasons to get them right.” |
| Additional changes may lie ahead, depending on the conclusions of the Justice Department investigation and whether city leaders agree with a task force recommendation to revise a police contract that gives officers wide protections, like being able to amend statements if video or audio evidence contradicts them. | Additional changes may lie ahead, depending on the conclusions of the Justice Department investigation and whether city leaders agree with a task force recommendation to revise a police contract that gives officers wide protections, like being able to amend statements if video or audio evidence contradicts them. |
| But Mr. Gross, director of justice reform at Business and Professional People for the Public Interest in Chicago, a law and public policy center, said the current plan contained “very troubling gaps that threaten the independence” of the oversight agency and the police inspector general, which “can’t worry that their budget will be cut just for telling the truth.” | But Mr. Gross, director of justice reform at Business and Professional People for the Public Interest in Chicago, a law and public policy center, said the current plan contained “very troubling gaps that threaten the independence” of the oversight agency and the police inspector general, which “can’t worry that their budget will be cut just for telling the truth.” |
| The mayoral aide said the fixed-budget proposal for the new agency required more study because it would be a departure from usual practice. | |
| Deferring decisions on the agency’s leadership and powers of the community oversight board may also mean that those choices are hashed out around the same time the Justice Department completes its investigation — possibly influencing the final oversight package. | Deferring decisions on the agency’s leadership and powers of the community oversight board may also mean that those choices are hashed out around the same time the Justice Department completes its investigation — possibly influencing the final oversight package. |
| Still, Alderman Ricardo Muñoz, chairman of the council’s police reform subcommittee, said, “We cannot wait for D.O.J.’s recommendations, because we need to fix the trust issue between the police and the community as soon as possible.” | Still, Alderman Ricardo Muñoz, chairman of the council’s police reform subcommittee, said, “We cannot wait for D.O.J.’s recommendations, because we need to fix the trust issue between the police and the community as soon as possible.” |
| He said Mr. Emanuel’s proposal was a “good first draft” but needed improvements that he suggested might include ceding some control. | He said Mr. Emanuel’s proposal was a “good first draft” but needed improvements that he suggested might include ceding some control. |
| “His style is to be a micromanager,” Mr. Munoz said. | “His style is to be a micromanager,” Mr. Munoz said. |