The Chicago Police Department declined to discipline an officer who improperly used the job to generate business for a friend's firm, according to a quarterly report released Wednesday by the city's inspector general.
The Police Department agreed there was "substantial probability" that the officer acted improperly but said its contract with the union prevented it from taking action, according to the report.
Inspector General Joseph Ferguson said his investigators determined that while serving court summonses for building violations, the officer sought to drum up business for a friend whose company offered to resolve such violations.
The officer visited homes with "an official city summons in one hand" and a "friend's business card in the other," according to the report. The report did not identify the officer.
Ferguson's office, which also accused the officer of lying to investigators, recommended that the officer be fired.
The Police Department said its contract with the Fraternal Order of Police prevented it from disciplining the officer in a noncriminal case because any complaint -- even one from the inspector general -- must be filed by a "firsthand witness," according to the report. The city's Law Department agreed.
"The underlying issue here is that the city's Law Department and Police Department do not differentiate between an inspector general's investigation and a general complaint from a layperson," said Jonathan Davey, a spokesman for Ferguson.
Law Department spokesman Roderick Drew said the city recommended no action against the officer because Ferguson did not conduct his investigation properly and any discipline could have led to a union grievance or unfair labor practice complaint.
Drew said Ferguson's office should have presented the accusations to the officer in writing before investigators conducted a formal interview.
Davey declined to respond to the reasons given by Drew for not taking action against the officer.
The case is the latest example of the inspector general's reach being thwarted.
The Illinois Supreme Court ruled unanimously last month that Ferguson cannot independently go to court to enforce a subpoena for documents from Mayor Rahm Emanuel's administration. Ferguson said he has asked the mayor to turn over documents despite the ruling but that Emanuel has not responded.
"The IG has the same power and capability that the state IG and federal IGs have," Emanuel said Wednesday. "I don't think they're not capable of doing their job, and I think he's a good IG. Therefore, I think he can do his job."
When asked whether he'd reappoint Ferguson when his term is up at the end of November, Emanuel demurred.
"I have plenty of time," he said. "I have a couple other appointments I'm going to be working on between now and then."
Copyright 2013 - Chicago Tribune
McClatchy-Tribune News Service
