Man who claims Naperville police harrassment wants policy changes
The man who filed a formal complaint claiming Naperville police treated him unjustly with roughly 200 traffic stops during the past 35 years says he has some ideas to improve the department.
First, liquor store owner Basim Esmail says, the city should change its policy so minor violations such as a burned-out headlight result in an automatic warning without officers having the ability to issue a citation.
Second, Esmail says, the city should create a review board of residents to investigate complaints against police because it's unreasonable to expect the department to investigate itself.
Mayor Steve Chirico said he's open to considering each proposal.
“I don't think he's being unreasonable in both of his ideas,” Chirico said.
Esmail, 63, suggested the changes before filing an official complaint against police May 6.
He filed the complaint in response to a traffic stop about 1 a.m. March 22 in which he said police abused their discretion when an officer gave him a citation instead of a warning for a burned-out headlight.
Esmail, who sued the city over a rejected liquor license application in 1993 and ran numerous newspaper ads criticizing city government, also claims Naperville police officers seem to be targeting him.
Police Chief Robert Marshall disputes the number of stops and says police are “absolutely not” targeting Esmail. But he also said the department will complete an internal investigation into Esmail's complaint within 30 days.
Chirico, too, says the complaint should be taken seriously.
“He has very valid concerns,” he said. “He wants them addressed. He's absolutely entitled to have them addressed and now an investigation is underway.”
Separate from the formal complaint, Esmail twice has spoken to the city council calling for a policy change to remove officer discretion from the equation when a driver is stopped for an equipment violation such as having one headlight out.
Esmail said many people are given warnings for such violations, so those who are ticketed are treated unfairly.
“If you get a ticket, it's a process,” Esmail said. “You have to go to court. It's such a hassle to have to go through all of this when (for) other people it's just, 'Oh, hey, buddy your light's not on, please get it repaired.'”
Esmail said a policy could create an automatic warning for equipment failures contingent on the driver fixing the problem within 72 hours.
Chirico said he hasn't heard of anyone else questioning officers' ability to decide whether a ticket or a warning is appropriate for minor equipment violations. In those situations, officers are trained to make the decision by considering factors such as a driver's past record, Marshall said.
The idea of an automatic warning is worth discussing, Chirico said, especially to consider if the policy is needed and if it would create any unintended consequences.
“Is this something that happens enough that it's worth making a policy change? Or is it a one-off item?” Chirico said. “I'll keep an open mind on that.”
While Esmail's concerns now are being investigated internally by police, he originally resisted the idea of filing a complaint, saying he doesn't trust police to monitor or discipline themselves.
Marshall said the department's internal investigation process meets the standards of the Commission on Accreditation for Law Enforcement Agencies. Investigations include interviews with witnesses and the officers involved, reviews of evidence and checks of equipment to determine whether department policy was followed.
The city already has one resident panel, the five-member board of fire and police commissioners, that can get involved in the complaint investigation process by overseeing discipline. If the chief recommends punishment for an officer at the conclusion of an investigation, the officer can choose to accept the consequence or bring it to the board of fire and police commissioners for review.
Chirico said he's not sure if another layer of government is needed to investigate police complaints.
“Do we need to get another group involved? Does that help or does that complicate things?” Chirico said. “I don't know that we have a broken system.”