O’Doherty court ruling due Monday

Last Monday Woodstock Police Officer Jim O’Doherty, his attorney, and attorneys David W. McArdle and special prosecutor John Kelly, on behalf of the City of Woodstock, were in McHenry County Court for a hearing on what I believe was a Temporary Restraining Order that was filed by O’Doherty’s attorney. That TRO may be a challenge to the police department’s efforts to have charges against O’Doherty heard by the Woodstock Board of Fire and Police Commissioners ("Board"), rather than through the arbitration process of the labor contract between Woodstock Police officers and the City.

O’Doherty was suspended by the Board on March 2, after Chief Lowen brought charges following O’Doherty’s having been ticketed in Wisconsin on three traffic charges on February 26. On March 12 the Board changed the suspension to “without pay.” No hearing has yet been held.

The case was in Judge Michael T. Caldwell’s court last Monday, but the City requested a change of judge. O’Doherty’s lawyer requested that the case not be delayed, and the case was transferred to Judge Michael W. Feetterer.

The Board had met on March 2 and again on March 12, although O’Doherty was not informed of either meeting. On March 12 a Commissioner of the Board said that the Board was “tentatively” planning to hold a hearing on March 23. That hearing was never scheduled.

Should the Board have held a hearing promptly and given O’Doherty an opportunity to defend himself before making any decision on discipline?

An April 6 Board meeting was canceled on April 3, possibly due to an alert that a TRO would be filed on Monday, April 6. I understand that some consideration was being given by the Board to holding a hearing on April 21, but Judge Feetterer reportedly indicated that the Board will not meet on April 21. Judge Feetterer is to rule on O’Doherty’s Matter on April 20 at 9:00AM.

When the City cuts off an employee’s pay and threatens his health insurance without ever holding a hearing, it seems to me that it has acted wrongfully. The bigger question is, how can the City move forward at all, before the Wisconsin charges are settled? What will happen if Wisconsin charges against O’Doherty are dismissed or if he is found Not Guilty? Will he have a clean slate here then?

O’Doherty’s next court date in Wisconsin is April 24, and that is for an “adjourned initial appearance.” A very interesting aspect of the Wisconsin charges is that there was no bond required on any of the three charges.