Thursday, April 2, 2009

Chicago DUI Arrests, Chicago Police Picket for More Money, and Collars for Dollars

Yesterday, I asked a simple, commonsense question:  "Do Chicago Police Officers have an economic incentive to write Chicago DUI and traffic tickets?"  I did not expect to get an answer to my question quite so quickly. 

Later yesterday I was in the elevator with several Chicago Police Officers on my way to court.  We greeted each other; I see most of the Chicago Top DUI cops at least a few times each week in the courthouse.  That's right, they are there, right after their regular shift on the street has ended, they come to court to testify.  A few of the officers, while on the ride in the elevator, were teasing another officer who said she was not working.  "You got papers, right", said one officer to her with a chuckle.  The others laughed.  "It's all good" the officer said to her.  You see those papers require the officer's appearance, outside of their regular hours, to appear in court.  Those papers are key to overtime.  

It's actually quite simple if you think about it.  Most Chicago DUI's occur at night.  Chicago DUI court only happens in the day.  If a night officer is required to appear in the day that means overtime.  I guess we have our own "Collars for Dollars" right here in Chicago.


Cops call it "Collars for Dollars." It's how they turn arrests on the streets into money in their pockets. Until now, it has been a courthouse secret.

It works like this: Police list each other as witnesses in drunk driving and misdemeanor cases even if they did little or no police work. Then they all get to go to court, where they make overtime they don't deserve. "That is stealing, " said former Miami Police Capt. Nate Harris, who tried unsuccessfully to stop it in his department two years ago. "It's embezzlement, is what it is." 

An eight-month Miami Herald investigation documented Collars for Dollars abuse involving hundreds of officers in thousands of cases. It happens so often that it costs Dade County taxpayers millions. It burdens the courthouse with thousands of unnecessary witnesses, leads to lost cases and even traps some innocent people. Dade County Judge Wendell Graham likens it to "some form of racketeering." "It's an organized decision to line their pockets with more money, " Graham told The Herald. "And they're unnecessarily expending public time and money to do that. I could see how a prosecutor could find this conduct not only offensive, but criminal." Prosecutors let police get away with it. "Could we have done a better job of policing what the police were doing?" 

 "To be honest with you, this is a game with the officers, " said Miami Beach Police Chief Richard Barreto. "If they can get on that DUI train, they will do it." It appears to be unique to the Miami area. The Herald could not find another city where it happens. Not every cop does it. The worst offenders are midnight shift patrol officers, who can make an extra $25,000 a year in court overtime. Cops say their motivation is not money. They just want to get drunks off the road. "


Don't worry if you coudn't find the date of that article, I know I did not put the date on it. Here it is: this was reported back in 1997!

Why should you care about an old Miami, Florida "collars for dollars" story?  Take a look at the final budget for 2009 for the City of Chicago.  I already scoured the 471 page document.  For your ease and convenience take a look at the Chicago Police Department's line item for overtime, it is page on page 147.  It is $27,820,000.  That's right folks, just shy of $28 million dollars is paid in overtime to Chicago Police officers. No, I am not going to get into the $3.9 million paid for Sworn/Civilian Holiday Premium pay or the Duty Availability pay to the tune of $37.1 million.  Those you should take up with Mayor Daley and your local Chicago Alderman.

If I simply look at the picture of the picketers yesterday asking for more money and I look at the approved overtime budget of $27.8M it does not take a rocket scientist to think maybe, just maybe, there is an economic incentive for a Chicago Police Officer to make a Chicago DUI arrest right at the end of his or her shift. Overtime now  to process the arrest, overtime later to testify in court. Maybe CPD really stands for "Collars Pay Dollars"! 


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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973