Chicago Police Sergeants' Association
Legislative
POLICE BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS
435 West Washington Street
Springfield, Illinois 62702
217/523-5141 • Fax: 217/523-7677
LEGAL UPDATE
January 25, 2010
This Legal Update discusses a case recently taken on by the United States Supreme Court involving employee privacy rights and text messaging. The Court will consider whether a police department violated the constitutional privacy rights of an employee, when it inspected the employee's text messages on his department-issued pager.
On Monday, December 14, the United States Supreme Court agreed to hear the issue of employees’ privacy rights as these relate to text messaging on employer-issued devices. In City of Ontario v. Quon, No. 08-1332, the Court will consider whether an Ontario, California, police department violated the constitutional rights of an employee when it looked into text messages the employee sent on a pager provided by the police department.
The city of Ontario claims that the employee, a Sergeant, sent hundreds of texts—many of them sexually explicit—to his wife, his girlfriend, and another officer. The police department investigated officers who regularly exceeded monthly character limits for their pagers, and as part of the investigation received transcripts of messages from the city’s wireless provider, USA Mobility. Only 57 of the Sergeant’s 450 messages sent in one month in 2002 were related to official business.
While the Ontario Police Department had formal policies addressing its right to monitor e-mail and internet use by employees, and expressly warned employees that they have “no expectation of privacy,” it did not have a formal policy on text messaging. The Sergeant, as well as several of the people with whom he text messaged, brought suit, arguing that their Fourth Amendment rights had been violated by the Police Department.
The 9th Circuit Court of Appeals ruled that the city’s review of the message transcripts constituted an unreasonable search. The Court’s decision was based in part on an informal policy of the police department, which allowed officers to avoid inspection of their pagers if they paid for the excess charges themselves. Despite this policy, a lieutenant at the Police Department ordered the transcripts of the Sergeant’s messages for review.
The Ninth Circuit also held that USA Mobility turned over the transcripts in violation of the federal Stored Communications Act. Notably, while the Supreme Court agreed to hear the city’s appeal, the justices decided to not hear USA Mobility’s appeal.
The city of Ontario’s brief to the Supreme Court argues that a “lower-level supervisor’s informal arrangement” regarding payment for excessive messaging, should not hinder a public employer’s official no-privacy policy. The city went on to argue that it is not objectively reasonable to expect privacy in messages sent to another workplace pager, and especially unreasonable to expect privacy in messages sent to and from an officer’s department-issued pager.
Obviously the implications of this case are significant. Especially in light of the explosion of social media in the workplace, any direct or indirect guidance in this area by the Court will likely influence all employer policies and practices—as well as employee activities —in many ways.
The Supreme Court’s decision is expected to issue by the end of June.
New Amendments to Illinois Freedom of Information Act Effective January 2010
Download the amendments. (PDF)
PBPA 2009 Legislative Agenda
HB 741 Michael Smith – Amends the Illinois Public Labor Relations Act. Redefines "public employee" to include firefighters and peace officers employed by school districts.
HB 2465 Patrick Verschoore – Amends the Local Governmental Employees Political Rights Act. It adds that a member of a police department or a sheriff's department may be elected or appointed to public office and may serve in public office.
HB 2466 Patrick Verschoore – Creates the Public Safety Officer Protection Act. Provides that a public employer shall reimburse a public safety officer for reasonable attorney's fees incurred by the officer in connection with any criminal proceeding arising from the officer's conduct in the performance of official duties unless, in relation to that conduct, any of the following applies: (1) the officer is convicted of a crime; (2) the officer's employment is terminated for cause; or (3) the officer resigns for reasons other than retirement or disability before the attorney's fees are incurred.
HB 2576 Michael McAuliffe - Amends the Chicago Police Article of the Illinois Pension Code to provide an increase in the retirement benefit formula. It changes the maximum annuity from 75% to 80% of average salary. It provides for 2.5% (rather than 2%) of average salary for each year of service beyond 20.
SB 1358 Carole Pankau – Amends the Higher Education Student Assistance Act. Makes changes to the police officer or fire officer survivor grant provisions. It removes the requirement that the police officer or fire officer be 90% to 100% disabled. It allows survivors of peace officers to also receive a grant.
SB 1446 Mike Jacobs – Creates the Police Department Promotion Act. Sets forth requirements for a promotion process to be administered by the proper appointing authorities for certain positions within State and local police departments.
SB 2358 Kirk Dillard - Amends the Downstate Police Article of the Pension Code to allow purchase of service credit for up to 2 years of military service not immediately preceded by employment.
SB 2359 Kirk Dillard – Amends the Downstate Police Article of the Pension Code. Provides for a Deferred Retirement Option Plan, under which a police officer who is at least age 50 with 20 years of service may continue in active service for up to 5 years while having his or her retirement pension paid into a special account, to be distributed to the police officer upon retirement. It bases the retirement pension on the police officer's service and salary at the time of joining the DROP plan. It requires termination of service at the end of the DROP plan participation period.
SB 2360 Kirk Dillard – Amends the Downstate Police Article of the Illinois Pension Code to increase the pensions of persons with over 20 years of service. It increases the maximum pension from 75% to 80% of salary. It amends the State Mandates Act to require implementation without reimbursement.
Our safety and privacy are at risk! In a recent court decision, 28 Aldermen asked Judge
Joan Lefkow to release the names of all Police Officers that have 10 or more “CR
number” complaints within a 5 year period. (This includes unsustained, unfounded, and
exonerated “CRS” as well as numbers that are not citizen’s complaints). An appeal has
been made by the Corporation Counsel to block this order, so the names won’t be
released pending the appeal. Please take the time to call or talk to your alderman. If your
Alderman is one of the 22 in the left column, they did not want the Officers names
released. Please call them and express your gratitude. If your Alderman is in the right
hand column, call and ask why they are jeopardizing the safety of more than 500
Officers. You can get the Aldermen’s phone numbers at city of Chicago web site, under
the local government link.
| Alderman who did not want names of Officers released: | Alderman who wanted the names of Officers released: |
|---|---|
| 10th Ward, John Pope | 1st Ward, Manuel Flores |
| 11th Ward, James Balcer | 2nd Ward, Robert Fiorretti |
| 12th Ward, George Cardenas | 3rd Ward, Pat Dowell |
| 13th Ward Frank Olivo | 4th Ward, Toni Preckwinkle |
| 14th Ward, Ed Burke | 5th Ward, Leslie Hairston |
| 19th Ward, Virginia Rugai | 6th Ward, Freddrenna Lyle |
| 23rd Ward, Michael Zalewski | 7th Ward, Sandi Jackson |
| 25rd Ward, Daniel Solis | 8th Ward, Michelle Harris |
| 29th Ward, Isaac Carothers | 9th Ward, Anthony Beale |
| 30th Ward, Ariel Reboyras | 15th Ward, Toni Foulkes |
| 31st Ward, Ray Saurez | 16th Ward, Joan Thompson |
| 33rd Ward, Richard Mell | 17th Ward, Latasha Thomas |
| 36th Ward, William Banks | 18th Ward, Lona Lane |
| 38th Ward, Thomas Allen | 20th Ward, Willie Cochran (retired Sgt. endorsed by Sgtsí Assc.) |
| 39th Ward, Margaret Laurino | 21st Ward, Howard Brookins |
| 40th Ward, Patrick O’Connor | 22nd Ward, Ricardo Munoz |
| 41st Ward, Brian Doherty | 24th Ward, Sharon Dixon |
| 43rd Ward, Vi Daley | 26th Ward, Billy Ocasio |
| 45th Ward, Patrick Levar | 27th Ward, Walter Burnett |
| 47th Ward, Eugene Schulter | 28th Ward, Ed Smith |
| 48th Ward, Mary Ann Smith | 32nd Ward, Scott Waguespack |
| 50th Ward, Bernard Stone | 34th Ward, Carrie Austin |
| 35th Ward, Rey Colon | |
| 37th Ward, Emma Mitts | |
| 42nd Ward, Brendan Reilly | |
| 44th Ward, Thomas Tunney | |
| 46th Ward, Helen Shiller | |
| 49th Ward, Joe Moore |
Legislation Opposed and Supported
We hope that our active and retired members take the time to review our recommendations relative to the below listed Bills. These bills will be affecting the Chicago Police Pension fund as well as other pension funds. The bills will have a direct impact on our retirees and the plans of active duty personnel anticipating retiring in the near future.
SB 1169—Sen. Jacqueline Collins OPPOSE
This bill replaces the Sudan bill which was overturned in the federal court as being un-constitutional. This bill still handicaps the pension system, and has already been approved by the Senate 54-2. In it now in the House awaiting its vote. You are urged to contact your Representative, Michael Madigan, and Gov. Blogovich requesting them NOT to support this bill.
SB 1166—Sen. Jacqueline Collins & Sen. Kwame Raoul OPPOSE
This bill attempts to consolidate small local pension funds into one state fund, controlled by a state board. This bill was submitted after Sen. Collin’s Sudan bill was overturned in Federal court. The action in Federal court was supported by many of the small local pension funds that will be affected by this bill. Contact your Senator requesting them NOT to support this bill.
SB 750—Sen. Rev. James Meeks OPPOSE
This bill is being described as a property tax and school funding bill. Buried in this bill is the fact that all pensions in the State will be taxed including your police pension. The income tax rate for individuals will be increased from 3% to 4%. While it is necessary to change the way our schools are funded, and our property taxes should be reduced, it should not be done by taking the money out of the pockets of our seniors and their pensions. There is nothing to show that the reduction in property taxes will not be absorbed by the tax on your pension. It is important that you contact both your senator and representative requesting them not to support this bill.
SB 1734—Sen. John Cullerton OPPOSE Voted on and DEFEATED
This bill attempts to circumvent the authority of the unions and the contracts that have been negotiated. This bill should not be passed.
SB—645 & HB—930—Sen. Martinez & Rep. Joyce
Retire at the average of your last three years instead of four years.
SB—1506 & HB—1445 Sen. DeLeo & Rep. McAuliffe
Provides for a handicap child after the age of 18 years.
SB—1748 & HB—932 Sen. Martinez & Rep. Joyce
Raises the multiplier for the City from 2.0% to 2.26 %
SB—1196 & HB—970 Sen. DeLeo & Rep. McAuliffe
Raises your pension benefits at retirement. Police $1050 to $1250 & Widows $1000 to $1200.
BILLS SUPPORTED BY THE STATE PB&PA
| HB—3519 | LRB—29786 | LRB—29808 | LRB—29934 |
| LRB—30071 | LRB—29936 | LRB—29938 | LRB—29941 |
| LRB—29943 | LRB—29946 | LRB—29947 | LRB—29948 |
| LRB—29950 | LRB—30069 |
You can get information on any of these bills by going to www.ilga.gov.