BOFPC rules against Gorski

The Woodstock Board of Fire and Police Commissioners (BOFPC) met for three hours late this afternoon, before deciding, and then voting, to find Sgt. Steve Gorski “guilty” of misconduct in the Amended Complaint of Police Chief Bob Lowen against him.

The BOFPC hearing started shortly after 5:00PM, as soon as the court reporter arrived from Wheaton (I wonder if she got paid time and mileage for the commute). Present were the three Commissioners, the attorney for the Commission (from Naperville), two attorneys from the Office of the City Attorney, Police Chief Lowen, HR Director Janelle Crowley, the recording secretary for the Commission, Sgt. Gorski, Sgt. Gorski’s attorney Tom Loizzo, Dr. Rich Gorski and I.

Tom Loizzo made a motion to adjourn or continue, based on the pending action by the Woodstock Police Pension Board. Loizzo and McArdle argued both sides of the Motion. The BOFPC then entered Executive Session and, when it returned to Open Session, voted to deny the Motion by Loizzo.

McArdle moved to add the Police Department Rules & Regulations to the Complaint. Loizzo objected, because the Chief had rested his case more than a year ago. The BOFPC accepted the Rules & Regulations.

I loved Tom Loizzo’s comment during his objection to the adding of the P.D.’s Rules & Regs at this late date. He said he was against it, because it allowed (the Chief) a “3rd bite of the apple.” Certainly, the Chief got a huge second bite, when the BOFPC agreed on June 30 to allow him to amend his Complaint against Sgt. Gorski, and the BOFPC gave him the third bite tonight.

I was concerned during tonight’s meeting with what seemed to me to be a large degree of disrespect and disinterest on the part of the Board. Commissioner Larry Howell showed up in a green polo shirt and shorts and looked like he was either coming from a picnic or going to one. Commissioner Schroeder was dressed in old pants and a collarless t-shirt. I realize it’s summertime in Woodstock, but this Commission is an official public body of the City of Woodstock and it is dealing with a lengthy hearing and a very important decision to a 20-year employee. This was a business meeting, not a gathering to plan an employee picnic. Commissioner Howell’s body language during large portions of the Open Session indicated to me a high degree of disinterest and that he probably wished he was somewhere else.

The attorney for the BOFPC made a huge error early in the hearing by referring to Sgt. Gorski as “Mr. Gorski”. He must have realized the error, because he didn’t repeat it.

After the initial fancy footwork of the lawyers was out of the way, the real meat of the hearing was about to begin, and Loizzo moved to close the meeting to the public. McArdle objected, saying that everything was public record already. The BOFPC agreed to close the meeting, and Dr. Gorski and I stepped out.

After several breaks the Board returned to Open Session, and Attorney Broihier announced that the Board had reached a decision. Then he added that the Board would vote on a motion, and he proposed that the Motion be to find Sgt. Gorski guilty of misconduct.

Now here’s the rub! Was there another violation of the Open Meetings Act by this Board? How could Mr. Broihier announce that the Board had reached a decision, if they hadn’t voted yet? Maybe I’m too picky about words, but lawyers know what words are for and what they mean. So, when he said they had reached a decision, then they must have done so in Executive Session, and the Open Meetings Act clearly does not allow that.

The BOFPC is to issue a written Finding and Decision, as it originally did back on February 14, 2008. This will be a public record. Next will be a hearing of evidence of aggravation and mitigation, and the BOFPC will meet again on Tuesday, July 21, 2009, at 5:00PM in the City Council chambers.

This is, of course, just before the City Council meeting where it is highly likely that the “Grace Hall matter” will be heard. There is every possibility of a standing room only crowd. Surely, WCLS will ask all its employees to be there, and maybe 100-200 interested townspeople who want Grace Hall to remain standing will be there, too.

Note to Chief Webster: better check the Occupancy of the City Council chambers. The early birds will get the seats.