Wednesday, February 11, 2009

Schlenkert 1, Merit Commission 0; but ...

When the McHenry County Sheriff's Department's Merit Commission canceled today's Regular Meeting that was scheduled for 10:30AM, it removed the opportunity for me to ask what the plans of the Merit Commission are for ordering Sheriff Nygren to put Deputy Bob Schlenkert back on duty.

On December 17, 2008, Judge Maureen McIntyre issued her Decision in Case No. 08MR21. The case was ROBERT SCHLENKERT, Plaintiff, vs. SHERIFFI'S (sic) MERIT COMMISSION OF MCHENRY COUNTY, the five Commissioners by name, KEITH NYGREN, Sheriff of McHenry County, and COUNTY OF McHENRY. In her Decision Judge McIntyre ruled that the decision by the Merit Commission to terminate Deputy Schlenkert for cause was "arbitary and unreasonable." And further, "IT IS THEREFORE ORDERED that the Decision of the Sheriff's Merit Commission of McHenry County is reversed."

If the public knew about this decision by Judge McIntyre (and they could know, because it is public record), what would the public expect?

The public would expect that the Merit Commission, at its next Regular Meeting, would direct the Sheriff to put Deputy Schlenkert back to work and pay him all his back pay.

Except the Merit Commission canceled its January 14th Regular Meeting. So much for stepping up the mark in January.

But it had another chance to discuss Judge McIntyre's decision today and to carry out its Purpose. Did it do so? No, yesterday it canceled the February Regular Meeting.

Why would the Merit Commission not meet in January or February to discuss this important legal decision? Does the Merit Commission have any independence? Does the public know that the members of the Merit Commission are appointed by the Sheriff, not by the County Board?

Just what is the Purpose of the Merit Commission?

"PURPOSE: To ensure the citizens of McHenry County that there is a fair and equal opportunity system for the employment, promotion, discipline and discharge of full-time Deputy Sheriffs."

The Merit Commission is not fulfilling its Purpose. Judge McIntyre ruled against the Merit Commission. The firing of Deputy Schlenkert for cause was "arbitrary and unreasonable." Why is the Merit Commission failing to meet and to direct Sheriff Nygren to put Deputy Schlenkert back on duty?

2 comments:

Gene said...

The sheriff is using his unlimited funds (otherwise known as your tax dollars) to appeal the judge's decision. I'm sure the sheriff isn't worried about Dep. Schlenkert's family and their finances.When Schlenkert wins, the sheriff should have to pay him 20% interest out of his own pocket.

Richard W Gorski, M.D. said...

Ask Police Chief Lowen of Woodstock. Maybe they share the same legal counsel. If you can't win in court or the fire and police commission...break them financially. The individual pockets of the police officers are not nearly as deep as the sherrif's or the City of Woodstock Chief of Police. What goes around comes around and those with the bucks ($$$$) can delay, delay and delay. In a real sence you are guilty even though you have been vindicated. Something wrong with the system.