GEORGE WASHINGTON STATED

Firearms are second only to the Constitution in importance; they are the peoples' liberty teeth.



First Inaugural Address of George Washington...April 30, 1789

The preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered as deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.

The Second Amendment of the U.S. Constitution

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The First Amendment of the U.S. Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Abraham Lincoln said:

"In this age, and in this country, public sentiment is everything. With it, nothing can fail; against it nothing can suceed. Whoever molds public sentiment goes deeper than he who enacts statutes, or pronounces judicial decisions."

James Madison Declared

The adversaries of the Constitution seem to have lost sight of the PEOPLE altogether in their reasonings on this subject; and to have viewed these different establishments not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must be reminded of their error. They must be told that the ULTIMATE AUTHORITY, wherever the derivative may be found, RESIDES IN THE PEOPLE ALONE. (Federalist Papers, No. 46, p.294; emphasis added.)

Tuesday, June 10, 2008

Chief Robert W. Lowen v. Board of Fire & Police Commissioners & Sgt. Gorski

Following the Board of Fire and Police Commissioners decision (on Jan. 4, 2008) to hear the Motion for a Directed Verdict asked for by the Sgt's attorney and then deciding in Sgt. Gorski's favor unanimously, 3 to 0, the Chief of Police, as Plaintiff, filed for an Administrative Review with the 22nd Judicial Circuit Court in Woodstock. The paper work was as one would expect prepared by the City's taxpayer paid attorneys.

The rationality behind such a Motion seems totally irrational to me unless they want to just delay the inevitable. The only other reason for pursuing such a course of action could be a "turf battle" between the office of the Mayor, the City Council, the office of the City Manager, the office of the Director of Human Resources and the City's own Board of Fire and Police Commissioners and to continue to financially and emotionally squeeze dry Sergeant Gorski.

So what we have now is the Chief of Police Robert W. Lowen with the assistance of taxpayer paid attorneys summoning the entire Board of Fire and Police Commissioners and Sgt. Gorski to the hearing before Judge McIntyre of the 22nd Judicial Circuit Court in Woodstock. I wonder who along the chain of the City's government gave the Police Chief permission to pursue this frivolous and costly course. Maybe, but I doubt it, we will someday find out. I am sure they will invoke the decision to invoke the "executive session" get out of jail free card to protect that identity or identities.

1.7G.3: FUNCTIONS OF CHIEF OF POLICE: states in part the

"The Chief of Police shall have the following duties:

A. The Chief of Police shall be the chief executive officer of the Police Department of the City. He shall seek the enforcement of all laws of the State and the City, as well as the enforcement of all orders, rules and regulations of the Board of Fire and Police Commissioners....

B. The Chief of Police shall be in charge of and exercise control over all sworn officers and civilian employee of the Police Department, subject to the authority of the Board of Fire and Police Commissioners and the City Manager.

So we have a situation here where the Chief of Police did not follow the orders of the Board of Fire and Police Commissioners. I don't believe that he would pursue such a reckless action unless someone up-line in City Government advised him to do so. I just hope the the Chief has this up-line order "in writing" to protect his actions in this regard.

In conclusion we have the City v. the City involved in a frivolous cause and using hard earned taxpayer dollars to sooth their egos or whatever is going on. What's your guess?
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1 comment:

Gus said...

Just what does Chief Lowen seek his Motion before the Administrative Judge? It would be interesting to read the Motion itself. What did the Fire and Police Commission do incorrectly? They listened to the side of the Police Department and then decided that they didn't even need to hear Sgt. Gorski's side of things. Based on the information presented by the City, the Fire and Police Commission agreed with Sgt. Gorski's Motion for a Directed Verdict in his favor. Did the Commission then rule that Sgt. Gorski should be reinstated with back pay?

If so, then it appears that Chief Lowen is bound to follow the decision of the Commission.

Will the hearing before the Administrative Judge be closed? If Sgt. Gorski wants it open, then it should be. It will be his medical records and his personnel file that are to be discussed. But maybe none of that matters now. Can an appeal be only on procedure or can it be on the basis for the decision?

June 12, 2008 at 10:29 PM

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