Fired deputy sues Sheriff's Dep't.

Yesterday morning’s Daily Herald reported that fired McHenry County Deputy Robert Schlenkert has filed a lawsuit against the McHenry County Sheriff’s Department to get his job back. http://dailyherald.com/story/?id=274844

It wasn’t all that long ago (weeks?) that a McHenry County judge ruled in Schlenkert’s favor and against the Sheriff’s Department Merit Commission. Why is another suit necessary?

Because he hasn’t been put back to work. According to the article, Sheriff Nygren is appealing the judge’s decision that the Merit Commission erred in supporting the firing of Schlenkert. And now Schlenkert is suing to get his job back.

So there must be two (2) lawsuits going on here, doubling taxpayer legal expenses and exposing the sheriff’s department for more back pay without services rendered. 1) The sheriff’s appeal and 2) Schlenkert’s new lawsuit. Not to mention the legal fees and loss of income that Schlenkert is experiencing.

The citizens of McHenry County need to step up to the plate and start demanding that elected and appointed officials respect decisions that are made and stop wasting taxpayer dollars on witch hunts.

Schlenkert did not refuse Sheriff’s Nygren’s orders, when he was ordered to go back through the basic training program designed for people new to law enforcement in Illinois. He was an experienced deputy. But he bowed to department demands and went through the program. A part that he could not pass was one portion of the physical fitness test.

And so the sheriff decided that Schlenkert had refused his orders, even though Schlenkert attempted that portion four times. How can one conceivably construe serious attempts as refusal.

This would be like ordering a paraplegic to walk up a flight of steps. “Walk up those steps, damn it! I order you to do so! If you don’t, I will fire you for insubordination – refusing to follow my orders!” Pretty stupid reasoning; right?

I’ve got a good idea. How about if command personnel at the sheriff’s department go to the State Police Academy and go through the fitness component for certification as a new law enforcement officer. If they don't pass, they lose their jobs. Who will go first? We’d better have them sign waivers and give up their death benefits and health insurance benefits, because they’ll die when they try to complete the required fitness tests!

Read the article in today’s Daily Herald. And read the judge’s decision in Schlenkert’s favor and against the Sheriff’s Department in the case just recently decided. And search on this site for “Schlenkert”. Use the search box at the upper left.

Here’s the comment I posted to the Daily Herald e-article:

“There is no physical fitness requirement for law enforcement officers in the State of Illinois, once they have been certified. Read the judge's decision. Check out the physical fitness of the command personnel and many deputies/cops around McHenry County (and elsewhere). Schlenkert did not disobey the sheriff's order; he attempted to pass the fitness portion. Failing to pass is not disobedience. Read the judge's decision. As a highly-experienced deputy, Schlenkert should have been required to take only refresher training in new laws and procedures, not the entire basic training for raw recruits. He was deemed fit to return to duty, and he deserves his job back.”