Say I saw it in The Shopper
June 24, 2020
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SCOIL Rules Police Misconduct Records Cannot Be Destroyed against Chicago for failing to comply with terms of the contract. While those grievances were pending, both the Chicago Tribune and Chicago Sun-Times filed requests under the state’s Freedom of Information Act for records in the city’s possession dating back to 1967. After city officials notified the union that it intended to comply with the requests, a Cook County Circuit Court judge issued a series of preliminary inunctions effectively preventing the city from releasing any records that were more than four years old or that were the subject of a U.S. Department of Justice investigation. In January 2016, an arbitrator in the FOP’s grievances sided with the union and ordered the two sides to reach an agreement on how to proceed with the destruction of the records. In response, the U.S. Attorney’s office sent a letter to the city ordering it to preserve documents relevant to its investigation. In 2017, both the Justice Department and a task force appointed by the city issued reports specifically citing the contract language as an impediment to oversight and reform of the Police Department. Finally, in October of that year, a circuit court judge issued an order overturning the arbitrator’s decision to enforce the contract, finding that the language “violated a well-defined and dominant public policy to preserve government records.” At issue was Illinois’ Local Records Act, which requires local governments and school districts to preserve public records without first seeking permission from a Local Records Commission and demonstrating that the records “do not have sufficient administrative, legal or fiscal value to warrant their further preservation.” Violation of that act is a Level 4 felony. The union argued in court that another statute, the Public Labor Relations Act. It states that whenever there is a conflict
CAPITOL NEWS ILLINOIS The Illinois Supreme Court ruled this week that the city of Chicago may not destroy records of police misconduct that are more than five years old, despite a contract with city’s police union that requires city officials to do so. In a 6-1 ruling Wednesday, the high court said that a state law requiring public records to be maintained supersedes a provision in the city’s contract with the union. The decision comes at a time when police departments throughout the country, including the Chicago Police Department, have been the target of protests and civil unrest in the wake of the May 25 killing of George Floyd, an unarmed black man who died when a white Minneapolis police officer knelt on his neck for nearly nine minutes. The provision in the contract with the Fraternal Order of Police Lodge No. 7 requiring the city to destroy records of investigations and discipline arising from police misconduct has been the subject of litigation and arbitration for nearly thirty years. The provision dates back to 1981 and has remained largely unchanged since. The current language states that, “All disciplinary investigation files, disciplinary history card entries, Independent Police Review Authority and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of such record other than records related to Police Board cases, will be destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer.” Beginning in 1991, however, federal courts began intervening to block the destruction of those documents, especially those that were the subject of federal investigations into a “pattern or practice” of police misconduct. In 2011 and 2012, the court noted, the FOP filed grievances
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19th Annual Women’s Film Festival to be Virtual LUNAFEST®, the fundraising film festival dedicated to championing women filmmakers and bringing women together in their communities, will be hosted by Girls on the Run of Northwest Indiana as a Virtual Event on July 23rd. Watch the amazing films from the comfort of your home! The seven short films have a run time of 97 minutes. This unique film festival highlights women as leaders in society, illustrated through seven short films by women filmmakers. The films range from animation to fictional drama, and cover topics such as women’s health, body image, relationships, cultural diversity and breaking barriers. All proceeds from LUNAFEST will benefit
Recovery on Water (ROW) as well as Chicken & Egg Pictures, a nonprofit organization that supports women nonfiction filmmakers whose artful and innovative storytelling catalyzes social change. To date, LUNAFEST has raised more than $5 Million for nonprofit organizations, featured 162 women filmmakers, and hosted over 2,000 screenings across North America. WHEN: Thursday, June 25, 2020 SHOW TIME: 6:30pm CST WHERE: VIRTUAL EVENT TICKETS: $10 PURCHASE TICKETS: at EventBrite.com, search for LUNAFEST: CHICAGO or go to https://www.eventbrite.com/e/virtuallunafest-chicago-tickets-107281309284
Markham, IL Emissions Test Center Has Reopened The Illinois Secretary of State has extended vehicle registration expiration dates by at least 90 days, but to ensure all motorists can renew their vehicle registrations before this deadline, State Senator Napoleon Harris (D-Harvey) announced the reopening of the vehicle emissions testing center in Markham. “With the Illinois Secretary of State resuming services, people have to get emissions tests on their vehicles,” Harris said. “I want the South Suburbs to be able to do their part in protecting the environment, and that will only happen if they can access a testing site near them.” The Markham location was previously used as a COVID-19 drive-thru testing site to help expand testing availability across the state.
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The Illinois Secretary of State’s Office has extended vehicle registration expiration dates without penalty by at least 90 days, allowing motorists to wait to have their vehicles tested. Motorists who are not comfortable visiting an emissions testing center may revisit at a later date or have someone else bring in their vehicle for testing. Individuals 65 and older, healthcare workers, first responders and those with preexisting health conditions are encouraged to visit the facility during the first testing hour of each day (8–9 a.m. Monday through Friday, and 7:30–8:30 a.m. Saturday). Employees at the emissions testing center will be wearing face masks and practicing safe social distancing, and they ask that motorists take the same precautions.
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between that act, or any collective bargaining agreement negotiated under it, and any other state law, the labor law prevails. In its ruling Wednesday, however, the court said there is a longstanding exception to that principle whenever the contract provision “is repugnant to established norms of public policy.” In the case of the police contract, the court found that laws requiring retention of public records are a clear statement of public policy. Or, stated more specifically in the State Records Act, “that government records are a form of property whose ownership lies with the citizens and with the State of Illinois.” “While parties are generally free to make their own contracts, this court has long held that when a conflict exists between a contract provision and state law, as it clearly does in this case, state law prevails,” Justice Lloyd Karmeier wrote for the majority. In a dissenting opinion, Justice Thomas Kilbride argued that the original arbitration award did not order the destruction of documents. It only ordered the two sides to negotiate, which he said was not a violation of the Local Records Act. He also argued that there is an equally well-established public policy in Illinois to enforce collective bargaining agreements. “To repeat, the issue of police misconduct is a serious issue that must be confronted by society,” Kilbride wrote. “This court was asked, however, to consider a fundamental principle of labor law, namely, the validity and enforcement of arbitration awards.” Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
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Last week SB 685 was passed, which automatically renews three homestead exemptions for the next property tax year, among other changes. “The COVID-19 pandemic has put tremendous pressure on Cook County homeowners. We’re pleased to work with the legislature, President Toni Preckwinkle, and the County Board to help at-risk homeowners when they need it most,” said Cook County Assessor Fritz Kaegi. “We will continue to work with our partners to make our property tax system fairer for everyone.” SB 685 says that homeowners who get the Persons with Disabilities Exemption, the Veterans with Disabilities Exemption, and the Senior Freeze Exemption will not need to reapply for them in 2021. Prior to the passage of this bill, homeowners needed to re-apply every year to receive the exemption. “This bill will benefit tens of thousands of homeowners in Cook County,” said Kaegi. “If the homeowner received any of these three exemptions this year, they will automatically get them again next year.” Cook County Board President Toni Preckwinkle added, “This legislation will be of huge convenience to our seniors, veterans, and individuals with disabilities by easing the administrative process of homeowner exemptions. This is especially important
during the COVID-19 pandemic, as many of these individuals may be at high-risk for the virus.” The legislature passed a series of COVIDrelated bills this spring. While there is still work to be done, these bills mark real progress, say the sponsors. Under the bill, homeowners who received the Persons with Disabilities Exemption, the Veterans with Disabilities Exemption, or the Senior Freeze Exemption on property tax bills due in 2020 will not have to re-apply to receive the exemption on bills due in 2021. If homeowners believe they would get a larger exemption due to a worsening disability, they can re-apply with this additional information. Homeowners who are newly qualified to receive any of these exemptions but did not receive it in 2020 will need to apply in 2021. SB 685, signed into law by Gov. Pritzker, also allows smaller counties to delay penalties for late tax payments and to defer tax sales, both of which are steps taken by the Cook County Board before SB 685 passed. In 2019, the legislature, at Assessor Kaegi’s urging, passed HB 961, which automatically renews the Senior Citizen Homestead Exemption in Cook County. While the Senior Freeze exemption requires proof of income, the Senior Citizen exemption is for any homeowner who is 65 or older.
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