Must City Obey State Laws?

How important is it that a City obey Illinois state laws? And who enforces violations?

When State laws are broken by an entity of the City, staffed by officials of the City, should it (and they) be held accountable? Or, if the absence of an individual or a concerned citizen securing the services of a private attorney to fight "city hall", does the matter just get swept under the carpet?

Take, for example, the recent disciplinary action taken by the Woodstock Police Department against Officer Jim O'Doherty.

Jim found himself in difficulty with the Walworth County (Wisconsin) Sheriff's Department on February 26, when he was charged with three traffic violations involving alcohol. Those charges are still pending and are moving through the court system. In Wisconsin, at least, a person charged is presumed innocent until found guilty.

Woodstock Police Chief Bob Lowen promptly filed departmental charges against Ofc. O'Doherty and called a meeting of the Woodstock Board of Fire and Police Commissioners, which is an entity of the City of Woodstock (not of the Police Department, although it meets at the police department behind locked doors).

On March 2nd the Board suspended Ofc. O'Doherty with pay. Chief Lowen attended this meeting.

Twelve days later the Board met on March 12 and suspended Ofc. O'Doherty without pay. Chief Lowen did not attend this meeting.

Ofc. O'Doherty did not attend either meeting, because he did not know of either meeting.

Where does the law come in?

Discipline by the Board is governed by State law at 65 ILCS 5/10-2.1-17. You can read it for yourself by going to http://www.illinois.gov/

In the very first paragraph it reads, in part: "...No officer ... of the police department shall be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense..." (emphasis added)

In the second paragraph it reads, in part: "...The board of fire and police commissioners shall conduct a fair and impartial hearing of the charges, to be commenced within 30 days 0f the filing thereof..."

And further, "If the officer ... is found guilty, the board may discharge him, or may suspend him not exceeding 30 days without pay."

The problems in Woodstock and the apparent violations of State law?

1. The Board did not give Ofc. O'Doherty any opportunity to be heard in his own defense before suspending him, either with pay (March 2) or without pay (March 12).
2. The Board did not commence a fair and impartial hearing by April 2. It glanced at March 23 and never scheduled it. It scheduled a meeting for April 6 but canceled it on April 3.
3. The Board suspended him, with pay and then without pay, without finding him guilty.
4. The Board suspended him for a period longer than 30 days; that period was up on April 12.

After the TRO filed by Ofc. O'Doherty was denied, there was talk of a Board meeting on May 12.

What does failure to follow State law mean to the other 30+ sworn members of the Woodstock Police Department? Do they now feel considerably less secure in their jobs, because they see the "example"? Why would any one of them think that he (or she) will get a fair hearing, if the Board can turn up its collective nose at the State law and get away with it?

Is this a matter for the McHenry County State's Attorney or the Illinois Attorney General?