Sheriff wastes over $300,000

According to the Northwest Herald this morning, the McHenry County Sheriff's Department is finally squaring up with Deputy Bob Schlenkert, and it's costing the Sheriff's Department over $300,000 to do so.

Schlenkert is to receive $185,684 in back wages for the period September 13, 2007 to April 12, 2010, plus $5,646.12 for medical expense reimbursement. That's $191,000+. Estimating the cost of the Sheriff's wasteful legal actions at another $100,000 and the possibility that the sheriff's department might have to pay Schlenkert's legal costs, the Department wasted over $300,000.

The Northwest Herald said, "Because Schlenkert's position was held open, his pay already was part of the office's budget." The newspaper article attempted to minimize the outlay, for people who just read the first paragraph of a story, by first reporting it as "$130,000 in lost wages," because Schlenkert must reimburse IDES for $51,764 unemployment pay he received.

Does that mean that the sheriff expected to lose? If the position was "held open", does that mean that the County did without a deputy on patrol in that position? If it doesn't mean that, then where did the money come from to pay for the replacement deputy who filled in for Schlenkert? And was that deputy laid off, when Schlenkert returned to duty?

Taxpayers should keep in mind that at least two other deputies are cooling their heels and expect to win back their positions. Zane Seipler has won legal actions before an arbitrator and a McHenry County judge. Yet Sheriff Nygren continues to fight an uphill battle and has his outside lawyers in Elgin now, hoping for a victory in the Appellate Court. When he loses there, will he head for the Illinois Supreme Court and waste more taxpayer dollars?

And Deputy Scott Milliman, who was paid while on administrative leave, is now off pay status. Yet the sheriff hasn't fired him. He had taken him off active duty and then stopped paying him.

Now, how does this work in the wonderful world of HR rules? Can you just send somebody home, pay him for a while, then stop paying him, but never tell him that you are firing him? Seems like this should have been presented to the Merit Commission a long time ago?

Milliman ought to show back up at the office, dressed for duty and ready to go to work. Otherwise, the sheriff might say that Milliman didn't come to work, so he is letting him go. Milliman would have a problem now dressing for work, because the Department recently confiscated his uniforms.

Maybe the battery is dead in the sheriff's cell phone and he can't be reached to make decisions. Why doesn't Undersheriff Zinke take action? Isn't he in charge when the sheriff is on vacation and out of the country? Of course, it could be hazardous to his own position, if he made an independent decision to go against his boss's (wrong) decisions.

Is the Undersheriff even around? Last week I sent an email to him and also to the general email address for the sheriff? It was a politely-worded request about an incomplete press release, but no one had the courtesy of replying.

Get it in writing!

When Bob Schlenkert won his job back as a deputy of the McHenry County Sheriff’s Department, he became eligible to receive his back pay.

Remember back in March when the three judges in the 2nd District Appeals Court in Elgin took only three days to announce their decision in Bob’s favor?

The judges and the attorneys probably thought the Sheriff’s Department would act honorably and cut Bob a check for his back pay. That was back at the end of March. By now, Bob's attorney might be wishing he had asked the judges to order payment within 21 days.

Let’s see; how many months since then? April, May, June, July; it’s August now.

Maybe they’ve been busy cutting checks at the sheriff’s department for garage employees to receive overtime pay for seven hours of parade duty. Does anyone else think it strange that almost all the payroll authorizations are for seven (7) hours of overtime (just how much is that???), regardless of whether the parade was in Marengo or Algonquin or Hebron?

But back to Bob’s check… Has he been paid yet?

As I wrote last week, I did not intend to ask Bob. His pay is his business. Plus, if they put him under the glaring, white lights at work and wanted to know if he had talked to me… He hasn’t.

Whether he got paid is our business; i.e., the taxpayers’ business. And today I received the FOIA response from the Sheriff’s Department:

“The Sheriff’s Office does not have documentation of a financial settlement with Deputy Robert Schlenkert.”

So I guess that means that Bob hasn’t been paid yet. Why not???

Is it just one more form of harassment of Bob? Will it ever end? Yes. It will end on November 30, 2010, when Keith Nygren packs up his office and clears out.

In what shape will he leave it? Will there be an orderly transition? My guess is there won’t be anything left but the dust.

Bob, you’ll get your check in the first week of December.

And, Lisa, you’ll get the $5,300 for the damage to your vehicle caused by a deputy on 7/13/08.

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!

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.

Merit Commission Goings-on - 2007

All this business re-surfacing about the aftermath of the Red Mill Inn drinking party got me thinking more about the delay in the approval of the October 21, 2008 Minutes of the Merit Commission, and I went back through online Minutes of Merit Commission meetings from February 2007. If there are any other nit-pickers out there who follow things from A-Z, you’ll enjoy reading what follows.

It’s obvious that members of the public never read those Minutes or ask questions. Where do you find the Minutes? Go to co.mchenry.il.us and scroll to the bottom of the homepage. Click on “Board Calendars”. Select the year and then the month, and click on that. In that monthly calendar, choose the Commission you’d like to examine (e.g., Merit Commission) and then click on Minutes.

OK, so to go back to February 2007, as that could have been the earliest Merit Commission meeting after the uproar following the drinking party at the Red Mill Inn at the end of January (the one the Woodstock Police were not called about).

February 7, 2007 Canceled

March 14, 2007. Decision in Executive Session to hold a hearing in Deputy Schlenkert matter on April 11.

April 11, 2007. No quorum present, yet Minutes were approved. Bills were authorized for payment. Schlenkert matter scheduled for May 9. HOW DOES A PUBLIC BODY TRANSACT BUSINESS WHEN NO QUORUM IS PRESENT?

May 9, 2007. Canceled

June 13, 2007 Under the Minutes link, the Agenda is posted again (not the Minutes). NO MINUTES are posted for the June 13th meeting.

June 30, 2007 (Saturday; Special Meeting scheduled at 3:00PM) Meeting opened at 2:18PM. Payment of bills authorized. Eligibility list matters. Adjourned at 2:20PM. ANY PROBLEM ABOUT MEETING EARLY, BEFORE PUBLIC OR MEDIA COULD ARRIVE?

July 11, 2007 Canceled

August 8, 2007 Minutes of July 13 and July 20 meetings were approved. WHAT JULY 13 AND JULY 20 MEETINGS? THE MEETINGS ARE NOT ON CALENDAR. NOT ANNOUNCED? NO MINUTES are posted online for these two meetings. What business was conducted on those dates? Why weren’t the Minutes posted??? Deputy Schlenkert and his FOP attorney, Gary Bailey, were present on August 8. New Business: Special Assistant State’s Attorney (SASA) Susan Connor informed the Merit Commission of a new complaint filed by the sheriff on July 19, 2007. SASA Connor, the regular attorney for the Merit Commission, stated she cannot represent the Merit Commission in the complaint because she had been asked to defend the County. She recommended Vito LoVerde to be retained as independent council. He was present and was appointed. The Merit Commission tabled the sheriff’s request to suspend Schlenkert without pay until September 12.

September 12, 2007 County Board member and member of the Law & Justice Committee James Kennedy attended. Merit Commission voted to suspend Schlenkert without pay and to hold a status update hearing on the judgement issue on November 14.

October 10, 2007 Additional funding to be requested from County Board

November 14, 2007 An Agenda is shown for this meeting, but NO MINUTES ARE POSTED. Remember? On September 12 a status update hearing in Schlenkert’s case was to be held on November 14. Was it? What decision was reached?

November 20, 2007 An Agenda is posted for this meeting, but NO MINUTES ARE POSTED.

December 5, 2007 Canceled

December 12, 2007 The Merit Commission was informed of “a considerable number of failures on the Sergeant and Lieutenant promotional exams." There was no problem with the testing instrument. The majority of failures occurred on the oral presentation.

December 21, 2007 An Agenda is posted for this meeting, but NO MINUTES ARE POSTED.

Why did I start through this? I’ve forgotten. Oh, yes, trying to find record of the disciplinary actions taken following the Red Mill Inn drinking party. I guess there is no record with the Merit Commission.

NWH carries Schlenkert lawsuit news

The Northwest Herald carried an article about fired Deputy Robert Schlenkert's lawsuit against the McHenry County Sheriff's Department on Tuesday, February 23, the day after it was filed.

Reader comments seem to me to be more local.

Check it out here: www.nwherald.com/articles/2009/02/24/r_l1blu6yreyopjh8eaqsuq/

Somehow, I kind of wonder about two of the UserIDs in use by those who are commenting. Pretty clever, though. "keithN" and "geneL" - probably not the Keith N. and Gene L. at the top of the heap at the sheriff's department.

The comments to that article are worth reading.

The Merit Commission either originally fired Deputy Schlenkert (although it really didn't, because it never was his employer) or supported his firing by the Sheriff. Go to the County's website, then to the Sheriff's webpages, and look up the Purpose of the Merit Commission. Did it give Schlenker a fair hearing and a fair decision?

I can't help wondering whether, had the McHenry County Sheriff's Department Merit Commission members been independently selected and appointed by the County Board, rather than hand-picked and appointed by the Sheriff, it might have made a totally different decision in Deputy Schlenkert's case.

I myself believe that it would have decided in Schlenkert's favor. But had it done so, would the Sheriff have filed suit in McHenry County to duke it out with the Commission of his own Department, thus still wasting taxpayer dollars? And would such a lawsuit have still been deemed "arbitrary and unreasonable" by the judge?

Fired deputy sues Sheriff's Dep't.

Yesterday morning’s Daily Herald reported that fired McHenry County Deputy Robert Schlenkert has filed a lawsuit against the McHenry County Sheriff’s Department to get his job back. http://dailyherald.com/story/?id=274844

It wasn’t all that long ago (weeks?) that a McHenry County judge ruled in Schlenkert’s favor and against the Sheriff’s Department Merit Commission. Why is another suit necessary?

Because he hasn’t been put back to work. According to the article, Sheriff Nygren is appealing the judge’s decision that the Merit Commission erred in supporting the firing of Schlenkert. And now Schlenkert is suing to get his job back.

So there must be two (2) lawsuits going on here, doubling taxpayer legal expenses and exposing the sheriff’s department for more back pay without services rendered. 1) The sheriff’s appeal and 2) Schlenkert’s new lawsuit. Not to mention the legal fees and loss of income that Schlenkert is experiencing.

The citizens of McHenry County need to step up to the plate and start demanding that elected and appointed officials respect decisions that are made and stop wasting taxpayer dollars on witch hunts.

Schlenkert did not refuse Sheriff’s Nygren’s orders, when he was ordered to go back through the basic training program designed for people new to law enforcement in Illinois. He was an experienced deputy. But he bowed to department demands and went through the program. A part that he could not pass was one portion of the physical fitness test.

And so the sheriff decided that Schlenkert had refused his orders, even though Schlenkert attempted that portion four times. How can one conceivably construe serious attempts as refusal.

This would be like ordering a paraplegic to walk up a flight of steps. “Walk up those steps, damn it! I order you to do so! If you don’t, I will fire you for insubordination – refusing to follow my orders!” Pretty stupid reasoning; right?

I’ve got a good idea. How about if command personnel at the sheriff’s department go to the State Police Academy and go through the fitness component for certification as a new law enforcement officer. If they don't pass, they lose their jobs. Who will go first? We’d better have them sign waivers and give up their death benefits and health insurance benefits, because they’ll die when they try to complete the required fitness tests!

Read the article in today’s Daily Herald. And read the judge’s decision in Schlenkert’s favor and against the Sheriff’s Department in the case just recently decided. And search on this site for “Schlenkert”. Use the search box at the upper left.

Here’s the comment I posted to the Daily Herald e-article:

“There is no physical fitness requirement for law enforcement officers in the State of Illinois, once they have been certified. Read the judge's decision. Check out the physical fitness of the command personnel and many deputies/cops around McHenry County (and elsewhere). Schlenkert did not disobey the sheriff's order; he attempted to pass the fitness portion. Failing to pass is not disobedience. Read the judge's decision. As a highly-experienced deputy, Schlenkert should have been required to take only refresher training in new laws and procedures, not the entire basic training for raw recruits. He was deemed fit to return to duty, and he deserves his job back.”

Ka-ching, ka-ching. Sheriff to appeal...

A quick trip to the McHenry County Courthouse this afternoon uncovered the initial steps by the McHenry County Sheriff's Department Merit Commission and Sheriff Nygren to appeal their loss in Judge McIntyre's courtroom in the 2008 case of Schlenkert v. Merit Commission, the five individually-named members of the Commission and the sheriff.

Notice has been filed of their intent to appeal the decision to the Illinois Appellate Court, Second Judicial District. March 2, 2009, is the next action date on the case; this is the due date for the record on appeal.

Isn't there any such thing in law enforcement as being a good loser?

Judge McIntyre slammed the Merit Commission and the Sheriff and ruled that the Merit Commission's decision to fire Deputy Schlenkert for cause was "arbitrary and unreasonable." Those are very strong words!

How many taxpayer dollars have been spent so far in a case that the judge called "arbitrary and unreasonable"? How many more taxpayer dollars will be spent?

I wish I had the time to dissect the testimony and the judge's decision. I looked through the two files at the courthouse today. Just skimming them was enough to give me an idea of the baseless claims against Schlenkert.

Perhaps every deputy should go up to the third floor and read through the testimony that contributed to Judge McIntyre's decision. Read who said what and who told whom to do what.

Obviously, each deputy is not going up to the third floor to do that. Maybe I'll buy a copy of the transcript and donate it to the Woodstock library, so that deputies can go and read it without fear of retribution or retaliation. If I do so, I'll ask the library to require ID or a deposit, so that it doesn't "grow legs" and take a hike out the door.

The next question is, how and when did the Merit Commission meet and decide to file an Appeal? Did they hold a secret meeting? Did they hold a public meeting, in compliance with the Illinois Open Meetings Act, and discuss their loss in Judge McIntyre's court? Did they discuss the merits of an appeal and, more importantly, the cost of an appeal and any likelihood of success?

Or, instead, did the public trough just cough up the anticipated expenses of an Appeal and green-light the legal work? When a public body (the McHenry County Sheriff's Department Merit Commission) is involved, how can it approve costly and lengthy legal work without meeting to discuss it and without taking a vote?

Understanding that the five members of the Merit Commission serve at the pleasure of the sheriff, their approval of any request he might make for an appeal would most likely get their rubber stamp. You know the one. The one with the big red "OK" on it. But should they approve this appeal?

Let's hope the Merit Commission doesn't cancel the March 11th meeting. Maybe answers to some of these questions can be learned.

Schlenkert 1, Merit Commission 0; but ...

When the McHenry County Sheriff's Department's Merit Commission canceled today's Regular Meeting that was scheduled for 10:30AM, it removed the opportunity for me to ask what the plans of the Merit Commission are for ordering Sheriff Nygren to put Deputy Bob Schlenkert back on duty.

On December 17, 2008, Judge Maureen McIntyre issued her Decision in Case No. 08MR21. The case was ROBERT SCHLENKERT, Plaintiff, vs. SHERIFFI'S (sic) MERIT COMMISSION OF MCHENRY COUNTY, the five Commissioners by name, KEITH NYGREN, Sheriff of McHenry County, and COUNTY OF McHENRY. In her Decision Judge McIntyre ruled that the decision by the Merit Commission to terminate Deputy Schlenkert for cause was "arbitary and unreasonable." And further, "IT IS THEREFORE ORDERED that the Decision of the Sheriff's Merit Commission of McHenry County is reversed."

If the public knew about this decision by Judge McIntyre (and they could know, because it is public record), what would the public expect?

The public would expect that the Merit Commission, at its next Regular Meeting, would direct the Sheriff to put Deputy Schlenkert back to work and pay him all his back pay.

Except the Merit Commission canceled its January 14th Regular Meeting. So much for stepping up the mark in January.

But it had another chance to discuss Judge McIntyre's decision today and to carry out its Purpose. Did it do so? No, yesterday it canceled the February Regular Meeting.

Why would the Merit Commission not meet in January or February to discuss this important legal decision? Does the Merit Commission have any independence? Does the public know that the members of the Merit Commission are appointed by the Sheriff, not by the County Board?

Just what is the Purpose of the Merit Commission?

"PURPOSE: To ensure the citizens of McHenry County that there is a fair and equal opportunity system for the employment, promotion, discipline and discharge of full-time Deputy Sheriffs."

The Merit Commission is not fulfilling its Purpose. Judge McIntyre ruled against the Merit Commission. The firing of Deputy Schlenkert for cause was "arbitrary and unreasonable." Why is the Merit Commission failing to meet and to direct Sheriff Nygren to put Deputy Schlenkert back on duty?

Sheriff's Merit Commission - Booo

This morning the McHenry County Sheriff's Department Merit Commission was to meet at 10:30AM in the Administration Building, 667 Ware Road, Woodstock. This Commission meets monthly in Regular Meetings, and these meetings appear on the County Government Calendar at http://co.mchenry.il.us

Occasionally, these Regular Meetings are canceled. About three days before a meeting the Agenda for the meeting is linked from the Calendar, so that interested parties can be informed of items and matters for discussion.

When the Agenda was posted last week, I placed this meeting on my own schedule and arranged to be in Woodstock. Should County residents and citizens have a reasonable expectation that a public Commission will meet as scheduled, once the Agenda appears?

Yes. I'll say that again. YES.

So, imagine my surprise when I arrived at the meeting room this morning and found it dark. Not a soul. Not a whisper. Not a telephone set up, in case they were going to meet telephonically. Nothing. Zilch. Nada.

I hunted down the secretary for the Merit Commission in the County HR Department and learned that the meeting was canceled yesterday. (The January 2009 meeting was also canceled.) I could have checked the County Calendar this morning, but why should I? The meeting was on it; the Agenda was published.

Why was I there today?

I wanted to ask why they held an illegal meeting on October 21, 2008. I wanted to ask for assurance that the Commission would not attempt to hold a meeting illegally in the future.

More importantly, I wanted to ask if action taken at an illegally-held meeting was valid.

I wanted to ask if the Commissioners were aware of Judge McIntyre's December 17, 2008 Order, in which Judge McIntyre ruled against the Merit Commission.

I wanted to ask whether the Merit Commission would be ordering Sheriff Nygren to put Deputy Robert Schlenkert back on duty.

I'll write in more detail about these two topics in separate postings.

Will they meet in March?

Schlenkert Case - to be appealed?

Recently a reader offered a guess that Deputy Schlenkert's favorable decision in court will most likely be appealed by the McHenry County Merit Commission.

You mean that Deputy Schlenkert won't go back to work right away? The sheriff rolled the dice and came up short in court. Why not suck it up and put an experienced deputy back to work without further delay? He doesn't carry any grudges, does he?

Just exactly how does the Merit Commission function and whom does it represent? Isn't it like the Board of Fire and Police Commissioners in Woodstock, which is composed of three civilians appointed by the City Council? Citizens who are supposed to be impartial and independent of the Woodstock Police Department (and who, based on a February 2008 decision, really are independent)?

This reader wrote, "The Merit Commission is a rubber stamp for the Sheriff. They are puppets that would not dare question the Sheriff's desires." Is this true? If so, why even have such a commission?

The writer also called attention to the physical appearance of different personnel at the sheriff's department and questioned whether any of the command personnel could pass reasonable fitness standards for deputies in the field.

Recently an officer in a neighboring community died on duty, apparently from over-exertion. He had chased a suspect and grappled with him. As I recall, the cause of his death was a heart attack. From the head photo in the newspaper the officer appeared to be somewhat "stout."

I recall the physique of the Ohio sheriff who spoke at MCC several months ago. He was slender and appeared to be in excellent physical health.

Chief Webster sends his firefighters and paramedics to the Woodstock Rec Center to work out; hopefully they will avoid over-exerting themselves when fighting a fire or carrying a heavy patient.

Illinois has no physical fitness standards for deputies after they are hired. As I recall from Judge McIntyre's ruling in the Schlenkert case, neither does the McHenry County Sheriff's Department.

Perhaps this is a requirement that we should have here in McHenry County (and in Woodstock).