Changes to proposed DeKalb police review board come amid police union agreements

DeKALB – An amended proposal for a citizens’ police review board will go before the DeKalb City Council on Monday. Includied will be changes put forth by the state and local police unions, most notably that the meetings would not be open to the general public.

The proposal comes after weeks of bargaining between the city of DeKalb, the DeKalb Fraternal Order of Police Lodge #115 and the Illinois Fraternal Order of Police Labor Council. A tentative agreement was reached Oct. 15, according to city documents. The DeKalb police union already has voted to ratify the proposed revisions in the review board’s creation, records show.

City officials are recommending the council support the new changes, too.

DeKalb City Manager Bill Nicklas said the main change of the amended review board proposal – that meetings be conducted behind closed doors instead of in a public format – is actually per state law, not the whim of the police unions.

“It was initially thought that we could do it otherwise,” Nicklas said regarding the original plan to hold public review board meetings. “Frankly, it’s one of the exemptions to the [Open Meetings Act].”

Under state law, including the Uniform Police Disciplinary Act and the Illinois Labor Relations Act, personnel matters of city employees must be discussed in closed session, documents state.

Records of disciplinary actions and case files could still be made publicly available under state law, however, including through the Open Meetings Act and the Freedom of Information Act.

The proposed board changes are up for a vote by the City Council during its regular meeting at 6 p.m. Monday in the Yusunas Room of the DeKalb Public Library, 309 Oak St.

Anonymous, oral, unsigned, unsworn or unverified complaints would not be eligible for disciplinary action, according to the proposed changes. The review board also only would deliberate over complaints made by those who choose to identify themselves.

Nicklas said that doesn’t mean people can’t make anonymous complaints against police officers, though.

“Anonymous complaints can be made today,” Nicklas said. “Somebody can send me a note, send the chief a note, etc. So there’s nothing that prevents somebody from filing an anonymous complaint. The chief might take that very seriously and look into that.”

Nicklas referred to previous comments made by DeKalb City Council members that complaints made against an officer for this board should be identifiable.

“The council seemed to support pretty strongly that if they’re going to be questioning a person’s credentials and professionalism, that they should put their name to that,” Nicklas said. “There’s nothing keeping a person sending those letters today, but if you’re having a case before the board, it’s going to be in writing.”

Under the proposed changes, a police officer could not be forced to appear before the board publicly or privately to give testimony, although voluntary participation would be allowed.

Records of disciplinary actions decided on an officer by the review board and the police chief would not be published in a public format until a 30-day period after the decision was made, during which an officer could bring an official appeal to the body. If disciplinary action is not determined necessary for any case, records of the review board’s deliberations would still be made publicly available after that 30-day period, Nicklas said.

DeKalb Police Chief David Byrd would have final authority over what disciplinary action is taken, documents state.

The City Council previously tabled a vote on the board’s creation for what it said was the last time during its Oct. 25 meeting. Earlier that day, a man was fatally shot by a DeKalb police officer during a domestic violence call early Monday morning in the 100 block of Tilton Park Drive.

According to city documents, the board will be comprised of five citizen members appointed by the DeKalb mayor and approved by the City Council. The board will hold public meetings “no less than six times per year” – but could call special meetings under certain circumstances – and be subject to the Illinois Open Meetings Act.

All board members would be DeKalb residents and serve either two-year or one-year terms.

The review board will be tasked with deliberating over claims that an officer violated the DeKalb Police Department’s “use of force” policies and will then recommend steps for disciplinary action if necessary, or changes to the department’s training or other relevant procedures.

The review board will not have policy-making power like the City Council, but will make recommendations for the police chief to consider. It will be the police chief’s final say whether disciplinary actions are imposed, documents state.