Schlenkert wins again

Yesterday Judge Michael Caldwell ruled that fired Deputy Robert Schlenkert can continue his legal action against the McHenry County Sheriff's Department to get his job back. Schlenkert is winning decision after decision, but look at the cost, personally and monetarily, to him to continue. And to the taxpayers for the Sheriff's Department to maintain its position!

Unfortunately, the Northwest Herald story tells a slanted version of the story, one slanted in favor of the Sheriff's Department. Why would it do so, instead of presenting a balanced view so that readers' can determine for themselves whether taxpayer dollars are being properly expended by the Sheriff's Department in its continuing effort to terminate Bob Schlenkert.

On December 17, 2008, Judge Maureen McIntyre ruled that the decision of the Sheriff's Department's Merit Commission, the five-member "public body" that is appointed by the Sheriff (not by the County Board), was "arbitrary and unreasonable." Those exact words appear on Page 10 of her ruling.

This morning's Northwest Herald article reads, "(Judge) Caldwell gave him (Schlenkert) until July 7 to submit the lawsuit against the proper parties but (sic) denied other efforts by a county attorney to have the case thrown out of court." Perhaps a more correct statement would have been that Judge Caldwell gave Schlenkert until July 7 to refile his case AND denied other efforts by a county attorney..."

Choice of words has a great influence on readers.

The Sheriff ordered a deputy with years of experience to go back through the complete basic law enforcement certification training, rather than directing him only to take those courses which would bring him up-to-date on changes in laws since he was last on active duty. Schlenkert passed the course, except for one portion of the exercise element to the program. He tried several times to pass the running portion but didn't.

Now, any day of the week, go over behind the sheriff's department after roll call and watched the "fine physical specimens" leaving the building for the patrol cars. Some of the deputies are in good physical condition and work hard to stay that way. Others are fortunate enough to have body shapes that stay trim without great effort. Others? Do they spend eight hours at Dunkin' Donuts?

Once certified, and Schlenkert has been continuously certified, there is no physical requirement to remain a deputy sheriff.

What was Judge Caldwell's decision yesterday? He ruled that "the sheriff's department ... is not a legal entity" and gave Schlenkert until July 7 to file against the property parties.

I wish I'd been there to hear it but, even if I'd been in the courtroom, these tired old ears probably wouldn't have been able to hear much of what was said in low tones between the lawyers and the judge.

I contacted the ACLU several months ago to ask if visitors in a courtroom are entitled to hear what is said in a public hearing or trial, and it's past time to call them back for the answer. In the meantime, I'll get a copy of Judge Caldwell's June 9th Decision.

Keep in mind that this is not the only lawsuit involving Schlenkert and the Sheriff's Department. When the Department "lost" in the Decision by Judge McIntyre, it appealed. More taxpayer money - right down the drain.