Clark Baird Smith guidance

on the Sparta decision

November 24, 2020

Also see the ILACP analysis of this case, written by ILACP legal advisor Don Zoufal

The law firm of Clark Baird Smith issued this statement in response to the Illinois Supreme Court decision on November 19, 2020. This statement is posted with permission on the ILACP website.

On November 19, 2020, the Illinois Supreme Court ruled that under the Illinois Quota Act, it is unlawful to include the issuance of citations within any activity points evaluation system, regardless of whether officers are required to write citations in order to meet the standard.

After the Illinois Quota Act became effective on January 1, 2015, numerous law enforcement agencies streamlined their performance standards to ensure that officers could be held accountable during their unassigned time while avoiding a  requirement  for the issuance of a certain number of  citations (e.g. quota). Striking this balance, numerous agencies adopted policies related to activity points. Under such a system, officers could earn a cumulative number of quantifiable “points” for engaging in a diverse range of activities (e.g. arrests, traffic stops, writing reports, issuing citations, etc.). Because officers typically could satisfy these sorts of performance standards without writing a single ticket, it was believed that such a system was lawful.

However, in October of 2019, a police union convinced the Fifth District Court of Appeals to rule that an activity points system for patrol officers in Sparta, Illinois violated the Quota Act. Clark Baird Smith LLP helped the City of Sparta persuade the Illinois Supreme Court to hear the case. 

Unfortunately, in a decision authored by Justice Thomas L. Kilbride, the Supreme Court took a literal interpretation of one sentence of the statute to rule that activity points that consider the issuance of citations in any manner are unlawful, even if officers are not required to write any citations. This decision conflicts with extensive legislative history to the contrary. 

In reaching its conclusions the Supreme Court noted the importance of policy arguments raised in an amicus brief filed by the Illinois Association of Chiefs of Police (ILACP), that a fair point system should account for all activities of an officer.  Moreover, the Court recognized the potential deleterious effect its decision could have on the important public safety goal of traffic enforcement.  However, the Court concluded it was bound by the “plain language” of the statute, suggesting that the ILACP present its concerns to the legislature.

Notably, the Supreme Court’s decision emphasized that police departments may still evaluate officers based on other types of “points of contact.” Accordingly, it is advisable to review your department’s performance standards to determine if you have some form of an activity points policy that utilizes citations in that policy in any way.  If so, such provisions should be evaluated with legal counsel in light of the Court’s decision.

This CBS LLP Client Alert is prepared for general information purposes only. Summaries of recent court opinions and other legal developments are not necessarily inclusive of all the recent legal authority of which you should be aware when making your legal decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of these developments to any particular situation. Clark Baird Smith LLP | 6133 N. River Road | Suite 1120 | Rosemont, IL 60018 | 847-378-7700 | www.cbslawyers.com

 

 

 

On November 19, 2020, the Illinois Supreme Court ruled that under the Illinois Quota Act, it is unlawful to include the issuance of citations within any activity points evaluation system, regardless of whether officers are required to write citations in order to meet the standard.

After the Illinois Quota Act became effective on January 1, 2015, numerous law enforcement agencies streamlined their performance standards to ensure that officers could be held accountable during their unassigned time while avoiding a  requirement  for the issuance of a certain number of  citations (e.g. quota). Striking this balance, numerous agencies adopted policies related to activity points. Under such a system, officers could earn a cumulative number of quantifiable “points” for engaging in a diverse range of activities (e.g. arrests, traffic stops, writing reports, issuing citations, etc.). Because officers typically could satisfy these sorts of performance standards without writing a single ticket, it was believed that such a system was lawful.

However, in October of 2019, a police union convinced the Fifth District Court of Appeals to rule that an activity points system for patrol officers in Sparta, Illinois violated the Quota Act. Clark Baird Smith LLP helped the City of Sparta persuade the Illinois Supreme Court to hear the case.

Unfortunately, in a decision authored by Justice Thomas L. Kilbride, the Supreme Court took a literal interpretation of one sentence of the statute to rule that activity points that consider the issuance of citations in any manner are unlawful, even if officers are not required to write any citations. This decision conflicts with extensive legislative history to the contrary.

In reaching its conclusions the Supreme Court noted the importance of policy arguments raised in an amicus brief filed by the Illinois Association of Chiefs of Police (ILACP), that a fair point system should account for all activities of an officer.  Moreover, the Court recognized the potential deleterious effect its decision could have on the important public safety goal of traffic enforcement.  However, the Court concluded it was bound by the “plain language” of the statute, suggesting that the ILACP present its concerns to the legislature.

Notably, the Supreme Court’s decision emphasized that police departments may still evaluate officers based on other types of “points of contact.” Accordingly, it is advisable to review your department’s performance standards to determine if you have some form of an activity points policy that utilizes citations in that policy in any way.  If so, such provisions should be evaluated with legal counsel in light of the Court’s decision.