Wednesday, March 11, 2009

Merit Commission Canceled - AGAIN

Today's meeting of the McHenry County Sheriff's Department Merit Commission earns five demerits for canceling its March meeting! You may recall that it canceled its February meeting on short notice and after publishing an Agenda for that meeting.

Perhaps the name of this Commission needs to be changed!

As some may know, this is not an independent public body of McHenry County Government, as are other County commissions operating under the name "Commission".

Unlike the 3-man, City Council-appointed, Woodstock Board of Fire and Police Commission, it's sort of like a private party of five friends of Sheriff Nygren who are appointed by him. The five members are not selected by the County Board; they are handpicked by the Sheriff.

In view of yet one more lawsuit filed against the McHenry County Sheriff's Department, why isn't this Merit Commission holding its meetings? Might members of the public or the media want to ask some pointed questions?

On December 1, 2008, a McHenry County judge dismissed a case against a woman who had been charged with two counts of resisting arrest back on April 17. The State's Attorney asked for this case to be dismissed because two sheriff's deputies (Lt. Miller and Sgt. Penna) failed to show up in court to testify against her. The defendant's attorney objected to the dismissal, but the judge dismissed the case, anyway.

Why isn't the sheriff taking disciplinary action against a lieutenant and a sergeant who failed to show up in court, after having been given Notice to Appear? Would they have raised their right hands, sworn to tell the truth, the whole truth and nothing but the truth, and then said exactly the same thing written in the reports following the arrest?

It will be a while before the answer to that is known, if ever. A civil rights case in U.S. District Court Northern District by Susan O'Grady is just getting started.

Isn't their failure to appear in court considered a serious infraction? What if a non-supervisory deputy had been ordered to court to testify against a person he had charged with resisting arrest and he hadn't shown up? What if that deputy had been questioning some of the actions of other deputies who might have been breaking laws while they were supposed to be enforcing them? Would he be standing at attention before the Merit Commission? You bet!

Why isn't the Sheriff hauling Miller and Penna before Merit Commission? Has either one been there before?

The County Board should create its own "Merit Commission" for the Sheriff's Department and appoint five civilians who will consider all matters fully independently, on behalf of the employees of the Sheriff's Department AND the public. Maybe it could be called something like McHenry County Sheriff's Department Internal Affairs Commission?

Minutes of the Merit Commission meetings should be posted on the County's website where anyone, civilian or County employee, can read them. An employee of the Sheriff's Department is quite unlikely to approach the administration and ask to read the Minutes of meetings of the Merit Commission.

Just imagine how high on the popularity list his name would be, if he did so.

1 comment:

Gene said...

I bet if a Deputy didn't show up to court for a traffic ticket he be investigated by one of those supervisors and suspended. It's not what you do,it's who you know.