Dep. Schlenkert Hearing - June 9

My attention was drawn back to the lawsuit of Deputy Robert Schlenkert against the McHenry County Sheriff's Department by yesterday's article in the Northwest Herald on Page 2C (if you missed it).

Readers and concerned citizens in McHenry County need to know the facts, in order to form an opinion about this case. It's too bad that the Northwest Herald isn't more careful to provide an impartial story, instead of bashing a deputy and supporting the Sheriff's Department.

Now, first of all, of course the Sheriff's Department wants a judge to dismiss the case. Any time you are a defendant in any case, you want the judge to dismiss it. That's kind of a no-brainer, isn't it?

Why would Dep. Schlenkert file a lawsuit in February? Because Judge McIntyre issued a decision on December 17, 2008, that concluded with "Having considered all of the materials in the record, the arguments of counsel and the case law cited by the parties, this Court finds that the Decision of the Sheriff's Merit Commission was arbitrary and unreasonable in terminating Deputy Schlenkert for cause." So, he wants his job back!

Arbitrary? Unreasonable? Pretty strong words. Too bad she didn't throw in "capricious".

Has the Sheriff's Department heard of the ADA? The Americans with Disabilities Act? An employer, even a police agency, can employ a person with a disability (this is the term in wide use now; not "a disabled person"). It must, according to Federal law, make such accommodations as are necessary.

If Deputy Schlenkert's panic disorder doesn't interfere with his performing his duties as required by his employment, then he can work. And I'll bet that, if they did interfere with his employment, he'd be the first to say so.

Dep. Schlenkert should have been returned to duty promptly after Judge McIntyre ruled. But the Sheriff's Department didn't put him back to work. Hence, his lawsuit.

Now here is a huge error in the Northwest Herald story. "He (Schlenkert) failed the physical required to complete the training four times, so he was fired in December 2007 for not completing the training as ordered." On its face the story is misleading, because it doesn't explain in what (minor) way he failed the physical aspect of the training.

Judge McIntyre addressed that completely in her Decision. On Page 4 of her Decision, Judge McIntyre wrote Schlenkert "...took the POWER test at PTI (the Police Training Academy) and failed the running portion. He failed on his second attempt on May 15th (2007) by again not passing the running portion."

Later in June 2007 Schlenkert failed the POWER test "...by not passing the sit up test due to stiffness." He later failed a second sit up test and a run test.

Schlenkert was sent back to the full Academy training, although he was a highly experienced deputy. He was order to attend the entire basic course that a brand-new, inexperienced, untrained deputy attends before becoming certified in Illinois as a peace officer. He obviously needed only the refresher courses on changes in laws since he was last on active duty, and he could have attended those courses without the POWER test requirement.

Perhaps the Sheriff's Department should require every deputy to take and pass the POWER test, including the Sheriff. Many of the deputies work hard to stay in good physical shape, but after 10-15 years on the job some will lose the ability to run as fast as they did when they were younger. And they won't be able to meet the same sit-up test minimums that they did at a younger age.

So Dep. Schlenkert continues to fight to get his job back. When he does, he should collect not only back pay and all his legal fees, but there ought to be a bonus for having to put up with all the (fill in the blank here).

Oh, by the way, in addition to Schlenkert's lawsuit against the Sheriff's Department, the Department is appealing Judge McIntyre's Decision. So there is a double-whammy on legal fees for the taxpayers. Does anyone know how much the Sheriff's Department spends on legal fees every year and what lawyers benefit from all this legal work?