City answers out-of-towner about Amati

In the matter that has inflamed residents of Woodstock - the actions and discipline of Police Sgt. Chip Amati - the following letter from the City of Woodstock was sent to one person who wrote from Michigan. The email was also addressed to Mayor Sager and the six members of the City Council. 

Date: 12/9/2013 2:17:57 PM

To: [redacted];  Mayor;  Julie Dillon;  Maureen Larson;  RB Thompson;  Mark Saladin;  Joe Starzynski;  Michael Turner

Subject: RE: Woodstock Ill Image

We appreciate your inquiry and comments concerning the recent disciplinary action involving Sergeant Charles Amati.  This broad, general response is provided with the intent of addressing many of the concerns recently expressed regarding this specific case.

First, the City of Woodstock agrees the actions of this specific police officer in regards to the text message are inexcusable, reprehensible and unacceptable.

When the original complaint was filed with the Woodstock Police Department, the City requested an internal investigation be conducted by the Illinois State Police to ensure a fair and comprehensive evaluation of the complaint.  The Illinois State Police interviewed all of the witnesses, including Sergeant Amati.  As a result of the investigation, all of the employee’s electronic devices were turned over to the Illinois State Police and thoroughly searched by Homeland Security.  The electronic devices were provided immediately to the Illinois State Police by the employee without the need to require a search warrant.  Beyond the text message reported by the press, no additional electronic messages of a similar nature were located on his devices.  No child pornography was found on any of these devices.  Based on the facts of the investigation, the text message was determined by the Illinois State Police to be a single, isolated incident.

After the Illinois State Police completed its criminal investigation, all of the information was shared with two separate State’s Attorney Offices (Ogle County and McHenry County) to determine if criminal charges were warranted.   Both of the State’s Attorney Offices declined to pursue criminal charges.  It is important to note that felony charges can only be authorized by the State’s Attorney, not by the Woodstock Police Department.  The results of the Illinois State Police investigation and the decision of the State’s Attorney Offices were forwarded to the City of Woodstock for consideration of discipline.

The maximum suspension allowed by State Statute that may be imposed by a Non-Home Rule municipality in Illinois is 30 days.  This represents 30 working days, 6 weeks or 1 ½ months of unpaid time off.  The City of Woodstock is a Non-Home Rule community, and therefore, Illinois State law specifically defines the process for disciplinary matters that involve the conduct of police officers.  Discipline imposed involving a Police Sergeant in excess of five days must be adjudicated and ultimately imposed by the Board of Fire and Police Commission, an independent and appointed citizen advisory board.   All disciplinary matters regarding police officers and adjudicated by the Board of Fire and Police Commissioners are conducted in executive session.  The final discipline of a police officer is approved in public session.  In this case, the maximum allowable penalty under Illinois law was imposed.

While the City can recommend termination, the employee’s previous disciplinary history, commendations and actions warranting discipline will and must be considered to determine if termination is warranted.  This specific officer had, at that time, a 24-year exemplary record with no previous disciplinary matters.  While the text message is egregious, inappropriate, absolutely unacceptable, and demonstrates a complete lapse in judgment, the Illinois State Police determined this incident was isolated.  Other facts that must be considered in pursuit of discipline up to and including termination are provided below:

1.)   When questioned by the Illinois State Police, the employee cooperated without seeking legal counsel;  

2.)   The employee again cooperated with the Illinois State Police investigation when he was asked to turn over all electronic devices;

3.)   The text message was not sent during work hours;

4.)   The text message was not a work related matter;

5.)   Two (2) State’s Attorneys, in their independent discretion, decided not to charge Sergeant Amati;

6.)    Based on the facts presented by this specific disciplinary case, case-law precedent in Illinois does not support termination;

7.)   A hearing process before the Board of Fire and Police Commission in pursuit of a termination could result in a less severe punishment or no punishment at all;

8.)   Sergeant Amati has been removed as the City’s LEADS administrator; and

9.)   The six (6) week suspension will result in the loss of over $10,000 in pay for the officer.

As previously mentioned, the City can recommend termination to the Board of Fire and Police Commission, but it is only a recommendation.  The initial decision is made by the aforementioned independent Board of Fire and Police Commissioners, and may be reviewed later by the Circuit and Appellate courts for consistency with case precedent in Illinois.  If termination is granted by the Board of Fire and Police Commissioners, the outcome in Court, based on current court law, is not as clear and determined.  Ultimately, the Courts could overturn the determination of the Board.

To help clarify another misconception, the Chicago Tribune did print a correction (http://articles.chicagotribune.com/2013-11-30/news/ct-claris-113013-20131130_1_green-mill-janice-misurell-mitchell-police-officer) concerning the statement involving the matter in which the police officer would be serving his suspension.  The article should have correctly noted that the employee will be serving his suspension solely at the department’s discretion.

Please know we share your concerns that nothing in this case can or will ever seem satisfactory, especially given its very nature and the involvement of a child.  We sincerely hope, however, the information provided addresses some of your inquiries and concerns regarding this extremely sad incident involving one of our City Police Sergeants.

Brian Sager, Ph.D.

Mayor

City of Woodstock

Roscoe Stelford

City Manager

City of Woodstock