Despite repeated objections from the public, the Urbana Police Department (UPD) continues to supply a police complaint form that quite clearly violates state law. The unlawful form, along with multiple unlawful requirements, is supplied on Urbana Police webpages and is also being supplied to individuals who inquire at the police station.
The form contains an affidavit page that requires the complainant to sign a sworn statement, but the Uniform Peace Officers’ Disciplinary Act explicitly states that police complaint forms cannot have any type of “sworn affidavit” requirement:
(50 ILCS 725/3.8) (b) It shall not be a requirement for a person filing a complaint against a sworn peace officer to have the complaint supported by a sworn affidavit or any other legal documentation.
Urbana’s form contains an “Affirmation of Truth by Citizen”:
“Affirmation of Truth by Citizen: You legally swear that this report is true
By signing this complaint, I hereby swear and attest, under penalties for perjury, that the allegations contained herein are true and correct to the best of my knowledge and that they are based on my having been physically present at the location where and when the incident alleged herein occurred. I also acknowledge and understand that if I make a knowing or intentional false allegation in this complaint, I may be subject to prosecution to the fullest extent permitted by law. I further understand that if my complaint is determined to be unfounded or not sustainable, such finding does not necessarily mean that I have made a false statement.”
The complaint form also states: “In order to file this complaint, you need to have been physically present when and where the alleged misconduct occurred.”
According to the Illinois Association of Chiefs of Police, the state law “allows for anonymous complaints against officers, without a sworn affidavit”, so it would not follow that any type of signature requirement, physical presence requirement, or even identification requirement could be prescribed by the Urbana Police Department.
Check CU also notes that a person need not be a “citizen” to file a police complaint.
The violations are not limited to just the complaint form itself. Multiple Urbana Police webpages indicate that the complainant must be an eye-witness and that the complaint “must be signed and notarized”. The website twice directs complainants to bring photo ID when submitting a complaint. The Policy and Procedures Manual under the “Citizen Police Complaint” section of the Urbana Police webpage says that a complainant must be a physically present eye witness and they must sign an approved complaint form.
In contrast with many other police departments, Urbana does make their police complaint form available on their website. However, the form is not openly available at the City Building/Police Station (a request must be made at the police services window, and the form must be printed). Despite repeated requests by the CPRB, the form is still not available at the Urbana Library.
The Urbana Police Department “Citizen Complaint Form” and webpages that describe complaint requirements can be viewed here (click for full 18-page PDF). Highlights performed by Check CU:
Note: this article was updated on March 6th to include more details and records related to the forms and the requirements stated on various Urbana webpages. Check CU has also published another article which shows how the Urbana Police Department has not just been violating Illinois State law, but also their Fraternal Order of Police Contract with the people of Urbana.