Legal Group Files Complaint Against Civilian Office of Police Accountability

Police watchdog faces challenge over refusal to comply with FOIA request.

A conservative organization that investigates government agencies for accountability and transparency has filed a complaint against the Chicago’s police oversight agency, the Civilian Office of Police Accountability (COPA), claiming the agency is withholding documents filed under Freedom of Information requests.

Representatives of legal group Judicial Watch filed an Injunction/Temporary Restraining Order against COPA on Monday in the Chancery Division of the Circuit Court of Cook County, alleging that the city “has failed to comply with the Plaintiff’s FOIA request, to extend the time for responding to the request, or to deny the request” concerning complaints made against police officers.

Commenting on the complaint, Judicial Watch representative Mark Spencer, who had sought “records reflecting investigations and complaints regarding police misconduct between December 11, 2016, and December 31, 2019,” said:

“It’s problematic yet consistent when taxpayer funded civilian oversite agencies demand policy compliance from law enforcement in a split-second volatile street environment, but yet COPA ignores clear and simple five-day accountability laws from a safe and comfortable office chair.”

The complaint filed by Judicial Watch marks what could very well be the first instance of a national, pro-police organization taking a close look at the workings of COPA, long accused by police officers and representatives of the Chicago’s Police union, the Fraternal Order of Police (FOP), of using its power as an agent of the anti-police movement. Those accusations have also been made against the Chicago Police Board, which rules on whether an officer should be fired based on investigations by COPA.

Judicial Watch began meeting with representatives of the FOP less than a year ago. A key issue that emerged was the growing sentiment among Chicago and Illinois elected officials and activists to repeal the law and policy mandating a signed affidavit in complaints against the police. The repeal of an affidavit will likely gather momentum as the city moves closer to implementing yet another civilian oversight agency—this one even more anti-police than the Chicago Police Board—called the Grassroots Alliance for Police Accountability (GAPA).

In discussions with Judicial Watch representatives, FOP field reps Martin Preib, Rich Aguilar, Bob Bartlett, and Pat Murray argued that not only are the affidavits necessary for police to do their jobs, but the city must also begin enforcing the law by pursuing criminal charges in cases where it is clear the complainant is lying.

However, as the complaint by Judicial Watch alleges, the city has not been forthcoming with the FOIA requests, which could go a long way in proving officials with the FOP correct about the need to have signed affidavits against the police.

In their discussions with Judicial Watch representatives, FOP representatives pointed out that it was minority members in violence-plagued neighborhoods who traveled to Springfield to argue in favor of the affidavits. These community members did so when they learned that many hardworking officers were losing their positions after complaints by gang members were made against them without affidavits. After the affidavit law was passed, complaints against the police dropped by more than 60 percent, they pointed out.

Moreover, there are signs that Judicial Watch is not merely looking into the affidavit issue. The legal organization has been closely monitoring Chicago’s sanctuary city policy, its refusal to cooperate with federal immigration authorities and collecting statistics on crimes committed by illegal aliens.