IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

CITY OF CHICAGO, )
)
Plaintiff, )
)
v. ) Case No. _____________
)
FRATERNAL ORDER OF POLICE )
CHICAGO LODGE NO. 7; )
JOHN CATANZARA )
)
Defendants. )

VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff, the City of Chicago respectfully requests that this Court grant judgment in its

favor and temporarily and permanently enjoin Defendants Fraternal Order of Police, Chicago

Lodge No. 7, its members and its President, Defendant John Catanzara, from engaging in,

supporting or encouraging any work stoppage or strike by refusing to comply with the City’s

lawful policy requiring all City employees to report their COVID-19 vaccination status by October

15 and for all unvaccinated employees to submit to twice weekly testing until vaccinated.

INTRODUCTION

1. COVID-19 has been the leading cause of death for law enforcement officers in

the United States in 2020 and 2021 and was the third leading cause of all deaths in the U.S.

behind only cancer and heart disease in 2020. Mass vaccination has proven to be the best and

most effective mechanism for preventing death and serious illness resulting from COVID-19.

For this reason, the City of Chicago, like many other large public and private sector employers

has implemented a vaccination policy with the goal of obtaining a fully vaccinated work force

by January 1, 2022. The City’s policy requires all employees to report their vaccination status

by October 15, 2021. Any employees not vaccinated by October 15 must submit to twice
 Firm I.D. 31593

weekly testing until fully vaccinated, and all employees must be fully vaccinated by

December 31, 2021. Employees who have not reported their vaccination status by

October 15, 2021 will be placed in a non-disciplinary no-pay status until they have reported

their vaccination status.1

2. In late August when the City first announced its intent to mandate vaccinations

for all City employees, FOP President John Catanzara responded: “We’re in America, G-

damn it. We don’t want to be forced to do anything. Period. This ain’t Nazi f---ing Germany,

[where they say], ‘Step into the f---ing showers. The pills won’t hurt you.’ What the f--k?”

Since those comments he has remained steadfast in directing FOP members to refuse to

comply with the City’s efforts to protect its employees and citizens.

3. In a video posted on social media and published on October 12, 2021,

Catanzara urged officers to reject the mandate policy and instructed FOP members to refuse

to report their vaccination status to the City by October 15 as required by the Vaccination

Policy.2 He advised the FOP membership “you are under no obligation to do that [report

vaccination status] other than the City’s demand.” According to Catanzara, if the FOP

membership follows his directive this will result in Chicago having a police force “at 50

percent or less for the weekend coming up.” He further “guaranteed” the FOP membership

if they engage in a concerted disregard of the City’s lawful vaccine reporting directive “the

no pay status will never last 30 days there’s no way they’re going to be able to sustain a police

department workforce at 50 percent capacity or less for more than seven days without

something budging.” This instruction to all FOP members to collectively violate the City’s

1
The City reserves the right to impose discipline for violating the Policy where warranted.
2
Tragically and coincidentally, also on October 12, 2021 Catanzara’s predecessor as FOP President,
Dean Angelo, Sr. died after hospitalization for COVID-19.

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lawful Vaccine Policy amounts to an unlawful strike and work stoppage and exposes the City

to an untenable risk of irreparable harm that this Court should enjoin. As President, Catanzara

is authorized to speak directly on behalf of the FOP and its members and is legally responsible

for the actions of all FOP members who follow his direction.

4. On Wednesday, October 13, 2021, the FOP held a meeting for its members that

was attended by a large number of police officer members as reported on various news

channels. On information and belief, at that meeting FOP President John Catanzara repeated

his directive to officers that they need not comply with a clear Citywide policy intended for

the entire City workforce. This continued directive is a clear instruction and command to

engage in an unlawful strike for which this court must enjoin.

THE PARTIES

5. The City of Chicago is a municipal corporation, organized under the laws of

the State of Illinois.

6. Defendant, Fraternal Order of Police Chicago Lodge No. 7 (“FOP”), is a labor

organization as defined under Section 3(i) of the Illinois Public Labor Relations Act and is

the exclusive bargaining representative of a bargaining unit composed of over 10,500 sworn

police officers below the rank of sergeant employed by the City of Chicago Police

Department.

7. Defendant John Catanzara is the President of the FOP. In his capacity as

President, he represents and speaks on behalf of the over 10,500 FOP members, and his

directive to violate the City’s Vaccination Policy, if followed by his membership, would result

in an unlawful and dangerous work stoppage that would endanger the entire City as well as

his own membership.

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8. This action is brought pursuant to the Illinois Public Labor Relations Act and

Illinois common law to enjoin the FOP and its officers from engaging in, supporting or

encouraging any work stoppage or strike in response to the City’s implementation of its

Vaccination Policy. Under Illinois law, it is per se illegal for sworn police officers to engage

in a strike.

9. The City and the FOP are parties to a collective bargaining agreement (“CBA”)

that establishes the terms and conditions of employment for the bargaining unit represented

by the FOP. Article 5 of the CBA provides the following:

Section 5.1 — No Strike Commitment

Neither the Lodge nor any Officer will call, institute, authorize, participate in,
sanction, encourage, or ratify any strike, work stoppage, or other concerted refusal
to perform duties by any Officer or Officer group, or the concerted interference
with, in whole or in part, the full, faithful and proper performance of the duties of
employment with the Employer. Neither the Lodge nor any Officer shall refuse to
cross any picket line, by whomever established.

Section 5.2 — Resumption of Operations

In the event of action prohibited by Section 5.1 above, the Lodge immediately shall
disavow such action and request the Officers to return to work, and shall use its
best efforts to achieve a prompt resumption of normal operations. The Lodge,
including its officials and agents, shall not be liable for any damages, direct or
indirect, upon complying with the requirements of this Section.

Section 5.3 — Union Liability

Upon the failure of the Lodge to comply with the provisions of Section 5.2 above,
any agent or official of the Lodge who is an Officer covered by this Agreement may
be subject to the provisions of Section 5.4 below.

Section 5.4 — Discipline of Strikers

Any Officer who violates the provisions of Section 5.1 of this Article shall be
subject to immediate discharge. Any action taken by the Employer against any
Officer who participates in action prohibited by Section 5.1 above shall not be
considered as a violation of this Agreement and shall not be subject to the
provisions of the grievance procedure; except that the issue whether an Officer in
fact participated in a prohibited action shall be subject to the grievance and
arbitration procedure.

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THE CITY’S VACCINATION POLICY

10. On or about August 25, 2021, the City of Chicago announced that it would be

proposing and implementing a policy that would require COVID-19 vaccinations for City

employees, contractors and vendors effective October 15, 2021.

11. Since on or about August 25, 2021, representatives from the City have engaged

in good faith negotiations by meeting with representatives of the labor organizations

representing impacted employees for the purpose of bargaining over the terms and conditions

of the Vaccination Policy, including the FOP.

12. Following bargaining and after receiving input from the relevant unions

including the FOP, on October 8, 2021 the City published its final Vaccination Policy, a true

and accurate copy of which can be found on the City of Chicago website and which is attached

hereto as Exhibit 1.

13. Under the Vaccination Policy, City employees, contractors, and vendors must

be fully vaccinated by October 15, 2021 or undergo regular COVID-19 testing as a condition

of employment. All employees, volunteers, and contractors must report their vaccination

status through the COVID-19 Vaccination Portal by no later than October 15, 2021.

Employees who have not reported their vaccination status by October 15, 2021 or their

decision to opt for the temporary testing option will be placed in a non-disciplinary no-pay

status until they have reported their vaccination status. A true accurate copy of the Policy is

attached hereto as Exhibit 1.

14. In accordance with the requirements of the Americans with Disabilities Act,

the limited information related to vaccination status and/or medical exemptions, collected

through the Portal, will be treated as a confidential medical record and will be retained by the

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Department of Human Resources in a separate confidential file. Such information will only

be shared in accordance with the Americans with Disabilities Act. Employees who upload

their information to the Portal are advised that all information submitted to the Portal will be

treated as confidential information in accordance with applicable law. A true and accurate

copy of the screen shots of the Portal submission pages are attached hereto as Exhibit 2.

15. Employees, contractors, and vendors can apply for a medical or religious

exemption to be exempt from the requirement to be fully vaccinated. Those requests will be

reviewed by the Department of Human Resources on a case-by-case basis.

16. Unvaccinated employees, contractors and vendors must undergo COVID-19

testing on a twice weekly basis with tests separated by 3-4 days. This testing option will

sunset on December 31, 2021. Thereafter, employees, vendors and contractors covered by the

Policy must be fully vaccinated as a condition of employment unless they have been granted

an accommodation.

THE VACCINATION POLICY IS LAWFUL AND NECESSARY

TO PROTECT PUBLIC HEALTH

17. As of October 13, 2021 there have been 321,117 reported cases of COVID-19,

30,316 hospitalizations and 6012 deaths within the City of Chicago. Through August 2021,

within the Chicago Police Department, over 3000 confirmed COVID-19 cases have been

reported, with over 2600 coming from the FOP bargaining unit. There have been four deaths

resulting from COVID-19. All four deaths occurred before the availability of the life-saving

vaccines.

18. Vaccinations are safe, effective and necessary for reducing COVID-19 cases,

hospitalizations and deaths. During the current Delta surge, unvaccinated Chicagoans have

been more than twice as likely to be diagnosed with COVID-19, more than five times as likely

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to be hospitalized with COVID-19 and more than eight times as likely to die from COVID-

19. See Declaration of Dr. Alison Arwady filed contemporaneously with this Complaint.

THE FOP’S CONCERTED REFUSAL TO REPORT VACCINATION STATUS

IS AN UNLAWFUL STRIKE AND WILL CAUSE IRREPRABLE HARM

19. In addition to the COVID-19 pandemic, the City of Chicago is facing an

epidemic of gun-related violent crime. Through October 13, 2021 there have been 2801

shooting incidents, an 11% increase over 2020, and 56% increase over the last 2 years. There

have been 629 murders, a 4% increase over last year, and a 68% increase from 2019-2021.

20. The Police Department, like departments all over the country, also is suffering

from staffing shortages due to retirements and resignations. It is therefore crucial that every

able-bodied sworn member be available for the crucial fight for public safety.

21. On October 12, 2021, FOP President Catanzara, on behalf of the FOP and its

members, explicitly and unambiguously advised FOP bargaining unit members not to comply

with the City’s policy: “do not fill out the portal information, you are under no obligation to

do that other than the City’s demand” (at 2:25); “so do not fill out the portal information” (at

2:56); “do not fall for it, hold the line . . . having bosses call you means one thing: our

members are holding the line and officers from all ranks are not going into that portal they

clearly must have a very low cooperation level” (at 4:08).

22. He further advised FOP bargaining unit members that the intent and purpose

of this collective and concerted insubordination is to use the threat of a work stoppage to hold

the City hostage to the FOP’s demands, stating: “all I could tell you is if we suspect the

numbers are true and we get a large number of our members to stand firm on their beliefs that

this is an overreach and they're not going to supply the information in the portal or submit the

testing then it's safe to say the City of Chicago will have a police force at 50 percent or less for

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this weekend coming up.” He further guarantees “that the no pay status will never last 30 days

there's no way they're going to be able to sustain a police department workforce at 50 capacity or

less for more than seven days without something budging.”

23. If Catanzara and the FOP are allowed to continue with these extortionate

demands, demands that would require officers to ignore the directives of their superiors, the

City, and to disavow their sworn oath to serve and protect, the City will be faced with an

unlawful and untenable Hobson’s Choice: either exempt the FOP membership from

complying with reasonable and necessary directives needed to combat the COVID-19

pandemic and thereby jeopardize the health and safety of both CPD employees and citizens

with whom they interact, or be left without a police force sufficient to keep the peace and

combat the pandemic of violent crime plaguing the City.

24. In contrast, any harm to the FOP and its members resulting from an injunction

will be minimal to nonexistent. The only immediate consequence of complying with the

Vaccination Policy is the requirement of reporting vaccination status, and the need to undergo

twice weekly testing for vaccinated individuals.

25. FOP members routinely and customarily provide medical information to the

City and voluntarily subject themselves to medical testing as a condition of employment.

Among other requirements, FOP bargaining unit members must pass a rigorous and

comprehensive pre-employment physical and psychological examination, and as a condition

of employment, employees are subjected to random drug and alcohol testing.

26. FOP bargaining unit members also regularly and routinely submit confidential

and private medical information and undergo medical testing for the purpose of obtaining

Injury on Duty (“IOD”) benefits, which entitle an officer who is absent from work on account

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of an injury or illness incurred while in the performance of their duties to full pay and benefits

for up to twelve months. Indeed, over 3000 FOP bargaining members have voluntarily

submitted medical information claiming that they were infected with COVID-19 while in the

performance of their duties.

COUNT I
Unlawful Work Stoppage in Violation of the IPLRA

27. Under the IPLRA and Illinois common law, sworn peace officers, such as the

patrol officers represented by the FOP do not have the right to strike. Any concerted work

stoppage by peace officers is unlawful.

28. Catanzara, in his capacity as FOP President, unlawfully organized, directed,

and encouraged an unlawful strike by directing FOP members to violate the Vaccination

Policy and refuse to report vaccination status to the City’s Vaccination Portal.

29. FOP bargaining members, by following Catanzara’s directive to not report

vaccination status to the City’s Vaccination Portal, are engaging in an unlawful strike and

work stoppage.

30. The unlawful strike and work stoppage will cause the City and citizens

irreparable harm for which there is no adequate remedy at law.

WHEREFORE, the City of Chicago respectfully requests that the Court:

(1) Issue temporary, preliminary and permanent injunctive relief against Defendant FOP

and its officers and members prohibiting them from engaging in any concerted

refusal to submit vaccination status information to the Vaccination Portal or

otherwise refuse to comply with the City’s Vaccination Policy;

(2) Issuing a temporary, preliminary and permanent injunction against Defendant

Catanzara:

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a. Ordering him to issue a retraction and disavowal of his October 12 and October

13, 2021 directives to FOP members that they refuse to submit vaccination

status information to the Vaccination Portal, refuse to submit COVID test

results if unvaccinated or otherwise refuse to comply with the City’s

Vaccination Policy;

b. Enjoining him from engaging in any further encouragement, order or directive

to FOP members to refuse to comply with the City’s Vaccination Policy.

(3) Grant such other relief, including monetary relief, as this Court deems appropriate.

Respectfully submitted,

CITY OF CHICAGO

By: /s/Michael A. Warner, Jr.

One of Its Attorneys

Michael A. Warner, Jr.

James C. Franczek, Jr.
David A. Johnson
William Pokorny
Jennifer A. Dunn
Jason Patterson
FRANCZEK P.C.
300 South Wacker Drive, Suite 3400
Chicago, IL 60606
Tel: (312) 986-0300
Fax: (312) 986-9192
(Firm ID No. 31593)

Dated: October 14, 2021

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CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that caused a true and correct copy of the

foregoing VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF to be filed with the Clerk

of the Court using the Odyssey e-filing system and served upon the following, via electronic mail,

this 14th day of October, 2021:

Fraternal Order of Police

Chicago Lodge No. 7
1412 W. Washington Blvd.
Chicago, IL 60607
c/o Joel A. D’Alba
E-Mail: [email protected]

John Catanzara
c/o Fraternal Order of Police
Chicago Lodge No. 7
1412 W. Washington Blvd.
Chicago, IL 60607
E-Mail: [email protected]

/s/Michael A. Warner, Jr.

2950051
EXHIBIT 1
 Effective: October 8, 2021

City of Chicago COVID-19 Vaccination Policy

I. Purpose

Consistent with its duty to provide and maintain a workplace that is free of recognized hazards, the
City of Chicago (“City”) has adopted this policy to safeguard the health and well-being of
employees, and the residents that spend time in our facilities or interact with City employees as
they receive City services. This policy is intended to comply with all federal, state, and local laws.
All employees must continue to comply with any applicable safety requirements related to COVID-
19.

II. Scope and Applicability

This Policy applies to all City employees, personnel of contractors and vendors who have regular
direct contact with, or regularly work in close proximity to, City employees, and volunteers. It does
not apply to visitors.

III. Limitations

Nothing in this Policy is intended to nor shall be construed to provide a private right of action
against the City or any of its employees. Furthermore, no part of this Policy shall be construed to
create contractual or other rights, obligations, or expectations.

IV. Policy

A. Effective October 15, 2021, City employees, as a condition of employment, and personnel of
contractors and vendors as outlined in Section II., must either be fully vaccinated against COVID-
19 or undergo COVID-19 testing as set forth in Section IV.B. You are considered fully
vaccinated 14 days after receiving the final dose of a two-shot vaccine (Moderna or Pfizer) or a
dose of a one-shot vaccine (Johnson & Johnson). All City employees who are fully vaccinated by
October 15, 2021shall receive one (1) personal day that must be used by June 30, 2022. The
personal day granted by this Policy shall not count toward the carryover day limit contained in an
employee’s applicable collective bargaining agreement.
B. Employees, volunteers, and contractors who are covered by this policy who are not vaccinated,
for reasons including but not limited to verified medical conditions or restrictions or sincerely
held religious beliefs (as discussed in Section VI), must undergo COVID-19 testing on a twice
weekly basis with tests separated by 3-4 days. Employees shall be responsible for obtaining tests
on their own time and at no cost to the City and reporting those results in the manner described by
Section VII below. This testing option will sunset on December 31, 2021. Thereafter, employees,
volunteers, and contractors covered by this policy must be fully vaccinated as a condition of
employment unless they have received an accommodation as described in Section VI below.
C. Employees who are not fully vaccinated by December 31, 2021, unless they have received an
approved exemption as described in Section VI will be placed in a non -disciplinary no-pay status
until they have become fully vaccinated.
D. Employees, volunteers, and contractors covered by this Policy with a medical condition or other
medical restrictions that affects their eligibility for a vaccine, as verified by their medical
 provider, or those employees with a sincerely held religious belief that prohibits them from
receiving a vaccine, may request a reasonable accommodation as described in Section VI below.
E. Violations of this policy, including but not limited to, non-compliance with this Section; or
providing false or misleading information about vaccination status, test results, or the need for an
accommodation; or the failure to test as applicable as discussed in Section VII, will result in
disciplinary action up to and including discharge.

V. Proof of Vaccination

A. Employees who receive a vaccination are responsible for scheduling and obtaining all
recommended doses of an FDA-approved COVID-19 vaccine, a COVID-19 vaccine granted
Emergency Use Authorization by the FDA, or the World Health Organization (WHO).
Employees shall receive two (2) hours of paid leave time for each required dose of a COVID-19
vaccine.
B. All employees, volunteers, and contractors who are covered by this policy must report their
vaccination status through the COVID-19 Vaccination Portal no later than October 15, 2021 ,
with the following information:
• The type of vaccine obtained (Moderna, Pfizer, or Johnson & Johnson);
• Date of first dose of vaccine;
• Date of second dose of vaccine for a two-shot vaccine;
• Declaration that the information submitted is true and correct; and
• Documentation verifying proof of vaccination status. Proof of vaccination can include a
copy of the CDC COVID-19 Vaccination Record Card, documentation of vaccine from
the employee’s healthcare provider, or documentation issued by the State of Illinois by
going to https://idphportal.illinois.gov.
C. Employees hired by the City after the effective date of this policy must be fully vaccinated by
their date of hire or submit to the regular testing protocol outlined in Section IV, as a condition of
employment. Proof of vaccination will be required prior to the employee’s start date unless the
employee has received an accommodation as outlined in Section VI of this Policy. New hires who
are not fully vaccinated at the time of hire, and have not received an accommodation as outlined
in Section VI, must submit to regular testing outlined in section IV until they are fully vaccinated.
Failure of newly hired employees to become fully vaccinated will result in their termination from
employment unless they have received an accommodation as outlined in Section VI.
D. Any employee who becomes fully vaccinated after October 15, 2021 must report their change in
vaccination status in the manner prescribed in Section V.B. above within three (3) business days.
E. In cases where the City has reason to believe that the vaccination information provided by the
employee was not true or accurate, an employee may be required to submit verification of
vaccination from a state immunization information system.
F. Employees who have not reported their vaccination status by October 15, 2021 will be placed in a
non-disciplinary no-pay status until they have reported their vaccination status.
G. All employees must continue to comply with masking, testing, and other safety requirements as
outlined in other City policies and directives.
 VI. Accommodations

A. Disability and Medical Accommodations

1. In accordance with the City’s Reasonable Accommodation Policy, the City provides
reasonable accommodations to qualified persons with a disability that enables them to
perform the essential functions of their job unless such an accommodation would create an
undue hardship or the accommodation would result in a direct threat to the health and safety
of the employee or others. Requests for accommodations will be made on a case-by-case
basis consistent with existing procedures for reasonable accommodation requests.
2. Employees who believe they need an accommodation regarding this policy because of a
disability or a medical condition may request a reasonable accommodation through the
Department of Human Resources. A form for requesting such an accommodation is attached
to this policy as Exhibit A.
B. Religious Accommodations
1. The City provides religious accommodations to employees with sincerely held religious
beliefs unless such an accommodation would create an undue hardship. Requests for
accommodations will be made on a case-by-case basis consistent with existing procedures for
reasonable accommodation requests.
2. Employees who believe they need an accommodation regarding this policy because of a
sincerely held religious belief may request a reasonable accommodation through the
Department of Human Resources. A form for requesting such an accommodation is attached
to this policy as Exhibit B.

VII. Reporting Test Results

A. Employees, volunteers, and contractors who are covered by this policy who are not fully
vaccinated by October 15, 2021, for reasons including but not limited to verified medical
conditions or restrictions or sincerely held religious beliefs (as discussed in Section VI), shall be
required to undergo COVID-19 testing on a twice weekly basis with tests separated by 3-4 days.
Employees shall be responsible for obtaining tests on their own time and at no cost to the City.
B. Employees must report their test results through the COVID-19 Employee Testing Portal.
Employees will be required to submit the following information:
1. The date of the test;
2. The type of test obtained;
3. The results of the test;
4. A declaration that the information provided is true and accurate; and,
5. A copy of their test results.
C. In cases where the City has reason to believe that the testing information provided by the
employee was not true or accurate, an employee may be required to provide additional
information, including but not limited, a written statement describing the testing process.
D. Employees who fail to report test results as required by this section will be placed in a non-
disciplinary no-pay status until they report their test results.

VIII. Vaccination Encouragement

The City and signatory unions agree to encourage and support the vaccination of City employees.
IX. City of Chicago Sick Leave Policy Addendum

The City of Chicago Sick Leave Policy Addendum, attached to this policy as Exhibit C, shall
remain in effect until March 31, 2022.

X. Non-Retaliation

The City prohibits retaliation against any employee seeking an accommodation as outlined in
Section VI. The City further prohibits retaliation for reporting violations of this policy or any
other health and safety concern. Employees have the right to report work-related injuries and
illnesses and the City will not tolerate retaliation against employees for reporting work-related
injuries or illnesses or good faith health and safety concerns.

XI. Policy Modification

The parties recognize that public health guidelines regarding COVID-19 and COVID-19 vaccines
are rapidly changing as new information becomes available, further research is conducted, new
variants develop and new preventative measures become available. As a result, it is appropriate
that representatives of Labor and Management continue to meet and discuss the City’s response
to COVID-19 and this Policy. Upon request, the parties will establish a working group to discuss
the results of the mandatory vaccination of employees. The working group may consider
available science, public health data, vaccination rates of both City employees and residents,
positivity rates of COVID-19, the availability and/or need for booster shots and testing. This
working group may make recommendations related to the Policy which will be considered by the
City. The working group will be comprised of three representatives of the labor unions and three
representatives appointed by the City, one of whom will be a health care professional from the
Chicago Department of Public Health and shall meet monthly, unless the working group mutually
agree to meet more or less frequently. The City and the Unions reserve the right to seek
modification of this policy to adapt to changing circumstances and business needs consistent with
their commitment to maintaining a safe and healthy workplace.
EXHIBIT 2