Suspension invalidated by procedural errors?

It is very possible that the recent suspension of Officer Jim O'Doherty of the Woodstock Police Department, and the subsequent suspension without pay, may be invalid.

The Board of Police and Fire Commissioners (BOFPC) of the City of Woodstock is subject to the Illinois Open Meetings Act. This Board is a public body whose members are appointed by the Mayor, subject to the consent or approval of the City Council.

At any Regular or Special Meeting of the BOFPC the Board is permitted to go into Executive Session for the purpose of discussing personnel matters. At the Regular Meeting on March 2 and at the Special Meeting on March 12, the Board did so.

At the March 2nd meeting the Board was in Executive Session for only nine (9) minutes, and it suspended Officer O'Doherty. Chief Lowen was present at the March 2 meeting.

At the March 12th meeting the Board was in Executive Session for about the same length of time (the exact time in and out will be in the March 12th Minutes), and it acted to suspend Officer O'Doherty without pay. Chief Lowen did not attend the public portions of the March 12 meeting.

Now here's the kicker and it's an important one, because it may just invalidate the decisions made by the Board at both meetings.

Under the Illinois Open Meetings Act, the Board is permitted to discuss personnel situations in private - in Executive Session. However, it cannot make a final decision in private!

When the Board concludes its Executive Session, it returns to the open public meeting, and it is then that a Motion is to be made for any particular action and a vote is to be taken, and recorded by name, on the Motion.

I was not at the March 2 meeting, but the Minutes do not reflect any Motion to suspend or any vote by-name on such a Motion. The Minutes merely reflect that the Board exited from Executive Session at 5:19PM and adjourned at 5:26PM.

I was at the March 12 meeting, and it's my recollection that the Board exited from Executive Session and, because Northwest Herald reporter Brian Slupski and I were there, it announced its decision. I do not recall that any Commissioner made a Motion to suspend Officer O'Doherty without pay or any vote by the Commissioners on that issue.

It is my understanding from an attorney in the Illinois Attorney General's office that this violation of the Open Meetings Act presents a major problem for the Board and for the Woodstock Police Department, because a decision reached by the Board in private would have no legal effect without the public vote.

So, what's the next step? Chief Lowen should consider that Officer O'Doherty is an officer in good standing and order that he be paid all wages due him. He should continue on duty status until such further action as the Chief and the Board might take, if any.

One of the actions they might take is not to suspend Officer O'Doherty without allowing him the opportunity for a hearing on any request by the chief for suspension.

And the Board may, upon conducting a hearing to which every police employee of the City is entitled, decide that, in this case, suspension is not warranted. It needs to hear from Officer O'Doherty before reaching a decision!

"Innocent until proven guilty" is still the rule here. Or is it?