Justices rule for whistle blowers

In a 9-0 decision, on Monday, January 26, 2009, the Supreme Court of the United States stated that employees, workers who cooperate with an investigation regarding uncouth behavior by a supervisor are protected from retaliation under the civil rights laws. So now not only is the person who filed the complaint protected but any witnesses who might corroborate the truthfulness of the complaint are also now protected against retaliation by the employer. Justice David Souter said that protection "extends to an employee who speaks out about discrimination not on her/his own initiative, but in answering questions during an internal investigation."

Another Continuance..in Woodstock IL

Will it ever end? Sgt. Gorski, almost 20 year veteran of the Woodstock PD, who was unanimously vindicated by the Woodstock Board of Fire and Police Commissioners almost a year ago of a complaint brought against him by Robert W. Lowen Jr., the current Chief of the Woodstock PD. Sgt. Gorski has been found guilty of nothing and has had absolutely no disciplinary action recommended by the Woodstock Board of Fire and Police Commissioners. Yet for the last year he has been punished by the City of Woodstock for being found vindicated by its own Board of Fire and Police Commissioners buy not paying him his back pay with statutory interest as demanded by the State statute. Likewise when he tried to go back to light duties as recommended by his spine surgeon he was told sorry we've got nothing for you, have a nice day. Now understand this, he is still a sworn police officer, an employee of the City of Woodstock, vindicated by the Board but they have decided unilaterally not to pay him even though he is still technically an employee with the city; you try to figure that one out if you can.

Could you have a nice day knowing that there is no income to support your family which includes three young daughters? I don't think so.

Today he was told that the Hearing in Judge McIntyre's Court was continued and will not take place tomorrow. He does not know why as of yet or who asked for it. I am looking forward to the reason for the continuance. I hope its not going to result in another several months of no pay or back pay for being found vindicated by Woodstock's own Board of Fire and Police Commissioners. Imagine that: being punished because you have been found innocent. Must be a new legal concept being allegedly promulgated by the City of Woodstock against its long term employees or could it be allegedly something more personal between Lowen and Sgt. Gorski that the city does not want aired in the arena of public opinion and its citizens' good judgement.

David W McArdle...Did Not Phone Back?!

Well its been a few weeks since David W. McArdle called for a special meeting of all the attorneys involved with the litigation between the Chief of Police, Robert Lowen and Sgt. Steven R. Gorski of the Woodstock Police Department. Well the meeting occurred with all the city's paid attorneys and the two representing the Sergeant.
All the attorneys had their say if they wanted to say anything and Mr. McArdle said he would get back to the Sergeant's two attorneys as soon as possible with a response to the Sergeant's request. Well guess what...to the best of my knowledge...there has been no response. No response that the Sergeant has heard from either of his two attorneys or Mr. McArdle of Zukowski, Rogers, Flood and McArdle a law firm in Crystal Lake that has been being paid for over a year now by the City of Woodstock's taxpayers money. This is getting to be a really expensive adventure for these tough economic times to expend the tax payers money to infuse into the coffers of a well endowed out of town law firm. I suspect that the city's payments to Zukowski, Rogers, Flood and McArdle will continue until at some point the tax payers, many of whom are out of work, say "end this" ..."enough is enough". The only people who are winning in this scenario are the attorneys. Maybe its time for the taxpayers of Woodstock to have a special meeting with their elected city officials who I presume have been calling the "shots" and "spending their money".

City Councils...do what?

This city council can initially structure the municipal government. Once that is accomplished and the city is under the manager form, the power of the council is almost entirely legislative. 65 ILCS 5/5-3-6.

The city council retains ability to control by the power to approve or not approve all municipal expenses and liabilities. 65 ILCS 5/5-3-6. The manager's projects are subject to the council's power over the purse. The council can also abolish offices. 65 ILCS 5/5-3-8.

The final power the council has is that it can fire the manager from office. He/she can be removed at any time by a majority vote of the members of the council. 65 ILCS 5/5-3-7. A wise manager knows how many votes he needs to stay hired.

Timothy J Clifton City Manager Woodstock IL

The City Manager's authority is stated in section 5/5-3-7 of the Illinois Municipal Code. What he may and may not do in relation to the mayor and council and the administration of the city government is stated in the above section.

1. Enforcing laws and ordinance. 65 ILCS 5/5-3-7(1). He is responsible for the efficient enforcement of nuisance, traffic and regulatory ordinances through the police department; for enforcing building codes through the building department and enforcing zoning and land use regulations through the zoning administrator and zoning board of appeals or plan commission. He has the responsibility for all of this enforcement activity.
2. Appointing and removing all departmental directors based upon merit and fitness. 65 ILCS 5/5-3-7(2). This means he has the authority to hire and fire all department heads. In essence it means he controls who gets hired or fired in all departments and divisions of the city. 65 ILCS 5/5-3.7(3). This authority includes the power to appoint and remove the chief of police. Every other department head and appointees serve at the pleasure of the city manager and city manager serves at the pleasure of the city council. It is obvious that the manager shall not discriminate illegally in hiring and firing decisions; in that sense he is not above the law or legal actions if alleged hiring or firings are proven to be illegal or discriminatory.
3. Controlling all municipal departments and divisons thereof. 65 ILCS 5/5-3-7(3)
4. Appointing and removing all appointive officers of a municipality formerly under the aldermanic form of government. 65 ILCS 5/5-3-7(4).
5. Exercising all powers otherwise granted to clerks and comptrollers in connection with the preparation of an annual report of estimated funds. 65 ILCS 5/5-3-7(5). In other words he, the city manager, is responsible for all the finanacial data needed to be seen by the Mayor and City Council. By using this power he has further control over department heads because he controls the budget that determines the departments finances.
6. The City Manager is the only individual that has the right to attend and participate in council meetings. 65 ILCS 5/5-3-7(6). Obviosly this places him in an important position because in many cases he is the only source of information and interpretation of specific problems or situations that may arise by which the City Council may make decisions.
7. He has the right to recommend legislative action. 65 ILCS 5/5-3-7(7).
8. Performing and executing any other duties prescribed by the City Council. 65 ILCS 5/5-3-7(8). He generally cannot create new offices or positions, incur any expenditures or enter into any contracts, as these are legislative and delegative functions left to the City Council. With authorization of the City Council he may however do so.

I have sat on many boards of directors over the last 35 years and usually we would routinely evaluate the individual who was acting as the equivalet to the City Manager at 6 month intervals; I hope and trust that the Woodstock City Council is doing the same. Remember what President Ronald Reagan said "trust but verify".