COPA chief unfit, staffers say in letter urging 'no confidence' vote

Sixteen current or former employees of Chicago’s independent police disciplinary agency have called on a civilian-led panel to consider taking the first step toward removing the agency’s chief — just days after two purported whistleblowers were fired amid a brewing controversy centered on allegations of anti-police bias.

A letter obtained by the Sun-Times details “grave concerns” about Andrea Kersten, chief administrator of the Civilian Office of Police Accountability, calling into question “her fitness” to lead the agency charged with investigating serious allegation of police misconduct.

The letter, dated Monday, was signed by 12 current and four former COPA employees.

The authors urged the Community Commission for Public Safety and Accountability to take a no-confidence vote against Kersten, alleging she has “manipulated investigations to align with her own policy agenda” and retaliated against employees who have complained about “bias and mismanagement.”

The letter highlights Friday’s dismissal of COPA Deputy Chief Administrator Matt Haynam and Garrett Schaaf, a supervising investigator at the agency. It notes that both fired employees were cooperating with both the community commission and Inspector General Deborah Witzburg’s office, which is reviewing claims of misconduct at COPA that were referred by the commission.

The commission has the power to both select and remove COPA’s chief — with City Council approval. But the commission must have a clear justification to remove the agency head.

Two-thirds of the six-member commission must first vote on a motion to take a no confidence vote. After that, the chief administrator would be given 30 days to respond to a written notice. After that period — or earlier, if the chief administrator responds before that window closes — the commission can vote on a resolution of no confidence.

If a resolution is adopted, the move would need to first be approved by the City Council’s Committee on Police and Fire, then the full Council.

The commission already has a closed-door meeting scheduled for Friday “to discuss appointments for a public office.” It will effectively become a forum to hear from the current and former employees who have lodged complaints.

“We have not received any notification or communication of anything related to this matter and will not provide any further comment,” COPA First Deputy Chief Administrator Ephraim Eaddy said in a statement.

Civic Federation President Joe Ferguson was a fierce advocate of police reform during a 12-year run as Chicago’s inspector general, a position he used to hire Witzburg as the city’s first deputy inspector general for public safety.

Ferguson said last week’s high-level firings and this week's letter from current and former COPA employees raise serious questions about Kersten and members of her senior command staff.

“Unfortunately, this will require … an investigative process that will take a while,” Ferguson said, adding that considering how many people signed the letter, “while we wait for fact-finding, this agency really has an extraordinary cloud over it that needs to be separately addressed. Ultimately, the fact-finding by the inspector general … may determine that she did nothing wrong. The problem is, that takes a very long time.”

The commission voted unanimously in mid-July to ask the inspector general’s office to probe COPA investigations under Kersten.

Commission President Anthony Driver Jr. previously said the referral was based on information from “knowledgeable sources” who complained about the “quality and integrity of COPA’s disciplinary recommendations and retaliation against COPA employees who have raised concerns about COPA’s investigations and recommendations.”

In a response letter, Witzburg’s office said it was conducting a preliminary review “to determine whether to launch a misconduct investigation into any individual under OIG’s jurisdiction.” Witzburg declined comment on Thursday.

Ferguson insisted the commission needs to determine whether the “nature and the volume of these concerns and allegations are such that the agency can no longer effectively be led by this person,” referring to Kersten.

Driver refused to confirm or deny the existence of the confidential letter. But he did acknowledge the commission would meet in closed session on Friday to discuss “recent events at COPA,” including last week’s firings.

“We’re working to gather more facts, including talking to all parties,” Driver said. “Then, based on the facts, we’ll figure out what’s appropriate to do next. I don’t think it’s appropriate for me to say more until I have a little bit more information about what exactly took place."

Driver said it would be up to the full commission to decide whether to fire Kersten, noting he doesn’t currently “have enough information to say these were retaliatory firings.”

“What I will say generally is that I think firing whistleblowers is abhorrent,” he added. “It’s terrible and it’s also illegal under Illinois law. ”

Haynam, the $163,068-a-year deputy chief administrator, was the purported whistleblower fired by Kersten in a move he branded as “retaliation.” But according to a letter signed by Kersten on Friday, Haynam was fired “due to lack of managerial leadership and discretion.”

Schaaf, who earned $117,792-a-year, was fired over a “lack of professional communication and managerial leadership,” Kersten said in a separate letter. Schaaf didn’t respond to a request for comment.

Records from Schaaf’s personnel file show he had a series of disciplinary issues, including an “angry outburst” in which he swore at a supervisor in February 2023. He was ultimately suspended 20 days and placed under a “Performance Improvement Plan” aimed at addressing problems with his communication skills and leadership.

A memo written by Haynam in July 2023 stated Schaaf completed the plan’s requirements. Other records show Schaaf had complained to COPA leadership that he was re-assigned to a cubicle instead of an office and hadn’t been assigned any staff as a supervisor.

Both Haynam and Schaaf have close ties to law enforcement. Haynam was previously a staff attorney for the Chicago Police Department, while Schaaf was sheriff’s deputy in Florida.