Update on arbitration of police disciplinary cases

As reported previously, on March 21 Cook County Circuit Court Judge Michael Mullen issued his ruling that allows Chicago police officers who are members of the Fraternal Order of Police to choose to have the most serious police disciplinary cases heard by an arbitrator rather than the Police Board.

In April, the FOP filed a notice of appeal of Judge Mullen's decision. The union is challenging Judge Mullen's rulings that arbitration proceedings be open to the public and that accused officers may be suspended without pay while the arbitration case is pending. The FOP's opening brief is due later this month, and it appears that it will be some time before the Illinois Appellate Court decides the appeal.

Since Judge Mullen's ruling and as noted on the Police Board website, 13 FOP members who have a disciplinary case before the Police Board for which an evidentiary hearing has not been held have filed motions to transfer the cases to arbitration and terminate the Police Board proceedings. The Board has received no information from the parties as to whether the City and the FOP have agreed on an arbitration process that is open to the public. These 13 cases remain on hold-there will be no arbitration hearings until the establishment of a public arbitration process, and there will be no Police Board hearings without the consent of the accused officer.

Three police officers whose Police Board hearings were completed before Judge Mullen's ruling each filed a motion requesting that the cases be transferred to arbitration or, alternatively, that the Board stay issuing a decision in the case. The Board denied each of these three motions and entered decisions in these cases at its July 18 public meeting.