City Council clears the way for release of inspector general’s most sensitive reports

Inspector General Joe Ferguson’s reports on the police shooting of Laquan McDonald and the death of David Koschman may finally see the light of day — and “soon,” according to Mayor Lori Lightfoot.

The City Council on Wednesday unanimously agreed to open that previously-locked door, allowing Lightfoot to continue her quest to deliver on her signature campaign promise to root out corruption and “shine the light” on wrongdoing.

Despite fervent opposition from the Fraternal Order of Police, aldermen approved a Lightfoot-championed ordinance that empowers Chicago’s corporation counsel to release Ferguson’s reports whenever they involve “sustained findings regarding conduct that either is associated with a death or is, or may be, a felony as defined in the Illinois Criminal Code and is of a compelling public interest.”

“This ordinance represents a win for transparency and an important step in rebuilding the trust between city government and the residents and communities it serves,” the mayor said.

Asked when she plans to release the long-awaited McDonald and Koschman reports, the mayor offered a one-word answer: “Soon.”

The vote, without a word of debate, opens the door to a union grievance and, ultimately, a court challenge.

“We believe the ordinance violates the contract and will be taking action,” the FOP’s second-vice president Martin Preib wrote in an email to the Chicago Sun-Times.

Last week, the police union was even more expansive.

“The Fraternal Order of Police (FOP) has articulated in several instances our strongly-held belief that the Inspector General’s office, particularly under Joe Ferguson, is often little more than a political witch hunt of our members, none more so than the manner by which his office generated criminal indictments of the three officers in connection with the Laquan McDonald shooting. Those officers, tried by special prosecutor Patricia Holmes, were acquitted,” the FOP said.

“That [aldermen] and the mayor would increase the frequency and magnitude by which cases against the police will be tried in the media, and not in a courtroom, is shocking and disappointing, particularly since the Chicago media itself is so corrupt and so engrained in the anti-police movement.”

Ald. Patrick Daley Thompson (11^th), whose cousin Richard J. “R.J.” Vanecko threw the punch that killed Koschman, has expressed concern that the city may be “exposing ourselves to litigation” by releasing Ferguson’s full investigative reports.

Ald. Ray Lopez (15^th) has taken the opposite view. He has argued the mayor’s ordinance does not go nearly far enough and that all of Ferguson’s reports involving “sustained” findings should be released — not simply those that involve deaths or possible felonies.

“Mayor Lightfoot said she wanted to bring in the light. This doesn’t bring in the light. This is a very narrow laser beam.… If you are truly trying to end this culture of corruption, then you need to put people on the spot,” Lopez has said.

Ethics Committee Chairman Michele Smith (43^rd) has said she expects the ordinance to be used “rarely, but importantly” — and only in circumstances that are “in the highest public interest … like Laquan McDonald.”

“This ordinance strikes a very important balance between the public’s compelling need to know against the [need] to make sure that investigations can be done confidentially,” said Smith, a former federal prosecutor.

“Having confidentiality … improves the quality of investigations. It allows whistleblowers to come forward. … We have fought for a long time for the inspector general to consider even anonymous complaints.”

Smith has denied whistleblowers may be reluctant to come forward for fear their cooperation may be disclosed at a later date.

“The person who is in charge of protecting the city from litigation is the person who makes the decision here” whether to release Ferguson’s reports, Smith has said, referring to the corporation counsel.

“That puts the accountability and the decision … in the right place. That way, it is protected from political influence.”

After twice being cleared by the Chicago Police Department when his uncle, Richard M. Daley was mayor, Vanecko pleaded guilty on Jan. 31, 2014 to involuntary manslaughter for throwing a punch that killed Koschman in 2004.

That followed a Sun-Times investigation that led to the appointment of a special prosecutor.

Vanecko was sentenced to 60 days in jail, 60 days on home confinement and probation for the crime he committed when he was 29 years old.