Tuesday, October 13, 2009

Schlenkert vs. MCSD - score now?

Anyone know the score here? Today's round went to Schlenkert.

Bob Schlenkert is a deputy who is fighting to get his job as a deputy sheriff at the McHenry County Sheriff's Department back. Many are familiar with his battle, so some of the details can wait.

What was today's hearing all about?

McHenry County was trying to worm out of Bob's lawsuit against the Sheriff's Department. The attorney for the County put up a valiant argument, citing all sorts of reasons to Judge Caldwell this morning as to why the County should be allowed to cut and run from Bob's lawsuit.

What was the County's position? That the County is not Bob's employer. At least, that's how I understand it from the portions of the arguments that I could hear. The County claimed it wasn't sufficiently named in the lawsuit, that Judge Caldwell's court didn't have jurisdiction and that it wasn't Bob's employer; it claimed that the McHenry County Sheriff's Department is his employer (and not the County).

Novel, eh? Sort of like the "novel H1N1 flu."

Is there anyone else in the County, besides the County's lawyer in court this morning, who would believe that an employee of the Sheriff's Department is not a County employee?

Judge Caldwell was pretty patient with the arguments presented by the County's lawyer and allowed her to go on and on. And on and on. Bob's lawyer's argument were shorter.

And Judge Caldwell decided on the spot. No need to drag that one out. He did not allow the County to be dropped from Bob's lawsuit.

Today's score?

Schlenkert 1
McHenry County 0

In my opinion, the McHenry County Sheriff's Department and its Merit Commission are skating on really thin ice by refusing to allow Bob Schlenkert to return to work. They are going to waste a lot more money and ultimately will put him back on-duty and pay him for the time he has been off from work. How much better it would have been for everyone concerned, if the Sheriff had just accepted Bob back to work after he was cleared to return to work!

11 comments:

Curious1 said...

Gus, do you have an earlier story you can link to? I am trying to remember the specifics on this one, is this the guy who had the panic disorder that was triggered whenever he sat in his squad car? I remember something about the county wanting him to pass the entry level physical fitness test, his possibly failing and something about his then refusing a county supplied trainer to prepare him for the test? I'm going from memory here and I'm not even sure this is the same case.

Gus said...

You can search on this blog for Schlenkert and read the other stories. Go to the search box at the upper left corner.

I don't remember anything about his condition being triggered "whenever he sat in his squad car." I know I've never written that or read it anywhere.

As I recall, his doctor cleared him to return to duty. The sheriff wanted him to go all the way through the full basic law enforcement school, even though he had many years of service. Part of the basic school is the POWER test, and Bob couldn't pass one portion of that.

Requiring the full basic law enforcement school was unnecessary and unnecessarily expensive. Schlenkert could have been scheduled for certain review courses, not the entire course. But then the POWER test would not have been required.

Curious1 said...

Sorry, was working from memory did not realize that they wanted him to go through the entire course (academy) again that definitely doesn't sound right.

Curious1 said...

Went back and read the old stories at the NWH. I'm left a little unclear is he saying he no longer has the panic disorder disability or that it just does not reach the level of being unfit for duty any longer? Looks like firing him for not passing a physical fitness test was a a weak excuse, but I'd have greater concerns if he still has an active panic disorder.

Notawannabee said...

I have refrained from posting but I have to come out of lurk mode.

Schlenkert was never worth a crap.
I worked with him for years.
He is one of, if not the most suspended deputies in MCSO history. I hope they bring out his employment records. He never would write a ticket or make an arrest. He used EVERY single day of sick leave each year and then tried to milk out more leave time using union tactics. He didn't care if he left the shift short, his only thought was of himself and how to not come to work.

This law suit is all a ploy to get paid while he was off with his panic disorders.

The department was right to make him be recertified. He was gone so long his State Certification expired and now he expects his job back as if he was never gone.

Gus, if letting this SLUG back is how you would administer the department, you'd be a more lousy Sheriff than anyone could expect.

GeneL said...

I think that brings the score to Schlenkert 4- Sheriff 0. I'm sure there is more to come.
Curious1, if that were the case would he even want to return to working for the walrus. Has any other 18 year deputy ever been sent back to the basic police academy. NO. Are there any physical standards for deputies after passing the academy. NO. I think the sheriff is the one who should have a personal trainer. He could use his campaign funds like he does for his expensive dinners in Florida. I'm sure every other deputy at the SO is a prime physical specimen.
Off topic, it looks like the special prosecutor in the Dalby case took my advice and filed complaints with the IARDC against Foley and Kelley. I think he missed at least one. But he's not the only one who can file complaints.

Gus said...

Nota, thanks for coming out of Lurk Mode. I don't recall reading in any of the documents I saw that his law enforcement certification had expired.

How would a deputy survive 15 years without writing a ticket or making an arrest?

It would seem to me that he did get paid while off and recovering.

He's trying to get his job back after being cleared to return to work. Isn't this what his case is about?

Notawannabee said...

Before I started there were some that were hired as deputies under the Merit Commission but never worked outside the jail. When the jail converted to Correctional Officers these deputies wanted to maintain 'DEPUTY' status. They were required to either attend the academy to become certified or remain as Correctional Officers. Their choice. I think they are all retired now. So there is a precedent.

There is NO QUOTA and Schlenkert proved it every year. If he wrote five tickets a month the Sgt's jumped for joy. Just dog lazy!

It boils down to this. He wants to come back, coast the last two years and lock in his retirement. He will do nothing, but will still collect a TOP PAY pay salary. His return may endanger the deputies he works with becuase he can't be counted upon.

GeneL said...

Wannabee, If I remember correctly you used that SLUG comment to refer to the senior patrol deputies on past posts because they don't do enough according to you. You think how many tickets you write, how many old folks you beat up, and how many mexicans you take to Nygren's profit center makes you the real police.You're probably one of those pussies who can't go on a warrant without your SWAT buddies. Was Schlenkert suspended more than the 30 days Miller, Schmidt, and Penna got. How many suspensions did he win back after the grievance process. And how many years ago was his last suspension. As far as sick days leaving the shift short of manpower, isn't there a shift minimum, which would result in a hireback for one of you go getters to make some time and a half. I'm guessing he has a life outside the SO. Maybe you should get one. Going out to PB&J meetings and getting drunk with ole blinky does count. You think you're one of the "boys", just wait and see how fast they turn on you when something happens. As for his police certification, it did not expire and you can't re-certify. Fringer, Milliman,and Kendall were all out longer and didn't have to go back to the academy. I'm sure his lawsuit will make up for the lost time at the dept. .

Gus said...

OK, Gentlemen, The Woodstock Advocate is not here for your personal mudslinging and anonymous accusations. If you want to take shots at one another, do it
at the Red Mill (oh, I mean, a restaurant) or at the Washington Street Station; or, put your name on it and say it here.

In eight years in Colorado, working 15-25 hours/week without pay, I didn't write five tickets a month, and it wasn't because I didn't want to go to court on my own time.

If I thought a polite roadside counseling session would solve the driving problem, I didn't feel it was necessary to write a ticket that would result in a fine, court costs and auto insurance premium increase. Those were the days before some idiot dreamed up "Supervision."

Is the recent "non-quota quota" system still in effect at MCSD?

Notawhinerbe said...

These exchanges are great. I love when people's names are dropped. I also love the deputies that defend their boss to the very end. What loyalty! Gary Gauger's life gets destroyed and the real Gene L. gets promoted to Under Sheriff. Penna commits aggravated battery, Miller covers it up. Pavlins get a beat down by a bunch of deputies and end up in the hospital, charges dropped by the S/A. Penna and Miller don't show in court after O'Grady's text book prisner escort. LOL! (See NWH pictures). Not to mention everything that Dirty Keith is leading us to believe. My question is, who did Bob Schlenkert hurt? Did he hurt anyone? The only thing I ever heard was that he was stressed out. (Probably from having to deal with the people he worked for.) He went on disability. He was cleared by a doctor to return to work and he couldn't do some sit ups. Who did he hurt?