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.

Poll Results..Governments truth and trust

Some time ago I conducted a poll on my blog. The question was "Do you trust the truthfulness and integrity of your local and national government?" I was surprised by the result; 100% of the responses were NO TO BOTH. This is a sad time in our national history when the "people" no longer have faith and trust in their elected officials. Will this despair eventually lead to the end of this great country because of the loss of trust by the people in their elected politicians...it probably will until the people stop electing politicians and elect leaders who do what is right for the country and not for themselves or the particular party they belong to.

War..an awesome teacher

The article "Docs in training", Voice of the People, Dec. 8, 08, Tribune brings back similiar but different memories of the heady days of the late 1960s when the U.S. was embroiled in a brutal war that killed as many Americans that now fill the "Wall" in Washington D.C. and many more "Walls" that will never be built with the names of Americans that were wounded physically and psychologically. How many of these Americans are now dead due to injuries directly related to that war only God really knows.

Within the blurr of a few days I went from the relatively stable life of an intern at Connemaugh Valley Memorial Hospital in Johnstown PA (the hospital built by donations from around the world after the Johnstown Flood)to the entirely different world of a Naval Medical Officer and first year resident in orthopaedic surgery at the Naval Hospital in south Philadelphia PA. Along with me on this turbulent odyssey came my wife Kristina and our two very young sons, Steven and Michael.

I did not know what to expect on the first day I reported for duty to the Chief of Orthopaedics, Captain Joseph Cremona. Well my fellow first year resident, Tom Lang and I found out fast that first day. We were not only involved in being first assistants in doing surgery but actually doing some of the surgery when our staff orthopaedic surgeon mentors felt we were ready. To say the least we had to learn and do things quickly because we were constantly (daily) getting wounded naval and marine personell air evacted from Viet Nam or Japan to Fort Dix New Jersey and then transported via bus ambulances to the naval hospital. At the high point of the war we had over 1200 orthopaedic patients in the hospital.

My first responsibility was the care and treatment of almost 300 amputee patients. I learned quickly from the staff ortho surgeons, my more senior residents and especially from the savy senior nurses and corpmen who would "suggest" certain things might be considered in a particular patient. Ego was not an option that either I or my patients could afford. I learned and did it quickly all along improving my skills in diagnosis, treatment and surgical technique. The residents of which there were only two in eacy year would rotate through the various types of othopaedic practices which we were required to be trained in by the American Board of Orthopedic Surgery over the four years we trained. We had to pass tests after our second and fourth years sucessfully in order to complete our residencies successfully. Along with this our personal fitness reports from our staff surgeons had to be satisfactory.We had duty schedules, weekend schedules, night schedules and every other kind you can think of but we as a group, including the staff orthopedic surgeons never thought of it as a burden. We would work as many hours or days until the work was done and all were seen and treated. We would look around and see all these young self-sacrificing Americans, 18, 19 and 20 year olds and the occasional one in his 20s that the younger marines and naval personell would call "pop" and in some fashion feel it an honor and priviledge to have worn the same uniform and helped restore their broken bodies and lives to the best of our ability....I still feel the same to this very day and make it a practice to salute every military person in uniform I may come into contact with too this very day.

Alleged Falsehoods Told to Woodstock City Council?

A few days ago I was told by a reliable source that the Woodstock City Council was informed sometime ago in April or May by someone in city government or intimately involved in city government that when Sgt. Steve Gorski was told by his spinal surgeon that he could return to a trial of light administrative duties he chose not to return to duties. This is an absolute lie.

Sgt. Gorski telephoned Deputy Chief Neuzil and informed him of the release by his surgeon and was told over the telephone not to even bother to come in because there was nothing like that available for him even though in the past other officers were accommodated in similar fashion.

As you may recall Sgt. Gorski was vindicated of charges filed against him by Chief Lowen by a 3 to 0 decision of the Board of Fire and Police Commissioners in February. He still has not been offered a light duty posting and has not been paid in over a year in spite of being found that the evidence did not prove the Chief's complaint. I can only wonder if someone or someones are telling the City Council their allegedly altered side of the story to allegedly cover their hind sides and how they may have allegedly abused and continue to allegedly abuse the system and the truth to their advantage. If these allegations turn out to be true I would wonder if there might be some opening positions in city government and departments?

Belated Thanks for Serving Your Country

Nothing new, I am usually a day late and a dollar short so this should not surprise you. I just wanted to say "thanks for the service you gave to your country and for the sacrifices you made". I extend this salutation to the the relatives on my wife's side of the family who fought in the Revolutionary War right up to the current conflicts. Many of her uncles never made it back from the Pacific and their remains are only known to God.

I especially want to thank my maternal grandfather, John Vondra who fought in WWI in France as an Army infantryman; following the war came home to run a gas station on Pulaski Ave. in Chicago. My father, Ted R. Gorski, a radarman second class who served on the USS Haskell, a landing ship transport of troops in the Pacific. On returning home he drove a bus for the CTA (Chicago Transit Authority) for over 35 years. Also my uncle John Vondra, the son of the above John Vondra, who was a marine in the Pacific and fought in most of the major Pacific island battles. He made it back and got married to my Aunt Carrie and raised a family in Los Angeles.

Lastly thanks to all the servicemen and women I served with in the various Naval Hospitals I was stationed at; it was a privilege and honor to be associated with all of you. Lastly, but always in my prayers, are the marines and naval personnel patients who gave so much and asked so little in return. I will always remember you. God be with you all.

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".

$175,000 versus millions

The ultimate in hypocrisy was manifest tonight with the televising of Sen. B. Obama's infomercial. The Democrats condemned the Gov. from Alaska for getting some new duds to wear, $175,000 worth, during the campaign which will be auctioned off after the campaign is over and given to charity but not a peep from anyone about the millions spent by Sen. B. Hussein Obama to sell himself to the people of the United States. Doesn't that seem a little unfair and not balanced to you? If all its going to take to win the Presidency is a lot of money and good fitting suit and being able to read a teleprompter well this country is going to be in for some hard times. Leadership has nothing to do with money, TV time and slick talk but everything to do with keeping your promises and maintaining your core principles. Senator McCain did not break under seven years of torture at the Hanoi Hilton...I think the White House should be a breeze for him.

BEFORE YOU VOTE FOR SEN. OBAMA...CHECK THIS OUT!

www.americasright.com/2008/08/q-with-phillip-berg.html

David W McArdle...Back Again In Court

Remember the previous article about David W. McArdle, a managing partner of Zukowski, Rogers, Flood and McArdle, attorneys for the City of Woodstock Illinois and the phone call and meeting with Sgt. Gorski's attorneys to work out something more amicable and efficient in settling their differences? Well to the best of my knowledge Sgt. Gorski's attorneys received no calls back in regards to it but I am sure the Sergeant's legal bill increased and so did the city's because of this exercise in futility. I suspect it may have been just another tactic in trying to extend this whole matter by trying to bankrupt the Sgt. so that he could not go on and continue to defend his position in court and for the City of Woodstock to continue to not pay him any wages for more than a year now.

At court,Mr. McArdle brought out his tripod and poster boards and in a few minutes tried to convince Judge Maureen McIntyre that the 4 1/2 months of evidence and testimony presented by Anne Brophy, the attorney who handled the prosecution for the city against Sgt. Gorski and an attorney for Zukowski, Rogers, Flood and McArdle; that the decision in the case, by the Board of Fire and Police Commissioners should have been decided differently and against Sgt. Gorski. That they, the Board, should have found him guilty of the charges brought against him by the Chief of Police, Robert W. Lowen Jr. and he should have been fired from his job after 20 years of exemplary public service to the community of Woodstock Illinois. So much for advancing amicability, efficiency and trust but I will say it was a valiant effort in trying to rewrite history and a valiant attempt to forget about the concept of double jeopardy of the defendant. As far as justice...you be the judge.

Now the citizens of Woodstock and of McHenry County have an even clearer idea of what Sgt. Gorski and his attorneys have had to deal with.

LINE OF DUTY PENSION BENEFITS FOR POLICE OFFICERS

About three weeks ago a telephone conversation between two attorneys representing Sgt. Steven R. Gorski, an employee of the Woodstock Police Department for the last 20 years and Mr. David W. McArdle, a partner in the firm of Zukowski, Rogers, Flood & McArdle, representing the Chief of Police and City of Woodstock took place. It was my understanding that Mr. McArdle wanted to have a meeting of the legal representatives of the Chief of Police, Robert W. Lowen Jr. and the City of Woodstock and the Police Pension Board and those of Sgt. Gorski to see if this litigation on the part of the Police Chief and the City and the Police Pension Board could be resolved in a more amicable and efficient manner. I presume since Mr. McArdle arranged this meeting he self-assumed the role of moderator. This meeting took place in the afternoon of October 8, 2008 in the City Council Chambers.

After about two hours of talking and the usual "posturing" that attorneys are known for, the position of Sgt. Gorski was finalized to the understanding of Mr. McArdle and he said he would get back to Sgt. Gorski's attorneys after discussing this with the City Council as soon as possible. To date, Oct. 18, 2008, Sgt. Gorski's attorneys have not heard a word back from Mr. McArdle; so much for amicability and efficiency.

Also during this meeting one of the attorneys for either Workman's Comp or the Pension Board allegedly said that they were not sure that the injury ever happened during line of duty even though the appropriate form (Form 45) was filed and investigated an verified by a deputy chief of police. According to "Municipal Matters" dated July 2007, Vol. 2, Issue 3, a news letter produced by the firm of Zukowski, Rogers, Flood and McArdle a police officer is entitled to Line of Duty Pension Benefits and I quote:

"Any act of police duty inherently involving a special risk, not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a policeman by the statutes of this State, or by ordinances or police regulations of the city in which this Article is in effect or by special assignment, or by any act of heroism performed in the city having for its direct purpose the saving of the life or property of a person other than the policeman."

Sgt. Gorski was at 3:30 am trying to do what he could for a man who was gravely injured in a single car accident on the side of Route 14 in Woodstock Illinois. The man expired and later it was found that his blood alcohol was in excess of the legal limit. It was at this scene during the course of his assisting in the later investigation that he incurred his injuries. Now that does not sound like an act "ordinarily assumed by a citizen in the ordinary walks of life " to me. How about you?

This gives you just a little feeling of what Sgt. Gorski has been dealing with in connection with the Chief of Police, the City of Woodstock and its hired and well paid attorneys.

To all the citizens of Woodstock Illinois don't forget that your elected officials are allegedly condoning this by setting policy and allowing their subordinates to proceed in this matter as regards Sgt. Gorski. Last but not least it is your tax money being used to pay the legal fees of these attorneys to pursue this course of action. That tax money could be used in a much better way in these troubled times.

Woodstock IL....Continuing Saga of Sgt. Gorski

On February 14, 2008 the Woodstock Illinois Fire and Police Commissioners vindicated Patrol Sergeant Steven R. Gorski, for lack of evidence, of all complaints filed against him by Police Chief, Robert W. Lowen Jr. This followed a 4 1/2 month prosecution by Lowen and his city paid attorney Anne Brophy of the firm of Zukowski, Rogers, Flood & McArdle. After all was said and done by the prosecution, including taking the testimony of a multitude of witnesses the Board of Fire and Police Commissioners returned a unanimous decision in Sgt. Gorski's favor; not one commissioner voted against him. Of even more significance is the fact that not one commissioner asked that any disciplinary action be taken against him.

On February 14, 2008 the Board of Fire and Police Commissioners signed the following official document:

"IT IS THEREFORE ORDERED that the Charges against the Respondent (Sgt. Gorski) be dismissed. The Board having held that the Charges against the Respondent (Sgt. Gorski) are not sustained, orders that the Respondent (Sgt. Gorski) be reimbursed for any wages withheld as a result of the Respondent's suspension without pay pending the hearing. The Chief of the Police Department and other appropriate corporate authorities are directed to implement this order forthwith."

Well, it is now (8) eight months later and the Chief, Robert Lowen and other appropriate corporate authorities of the City of Woodstock Illinois have not implemented the direct order of the Board of Fire and Police Commissioners. From all sensible points of view that sounds like the Chief and appropriate corporate authorities are allegedly guilty of insubordination and not obeying a direct order given to them. Sgt. Gorski still has not seen one penny of the money due him. How many of you could survive and take care of a family on no income?

I would hope and pray that the City Council of the City of Woodstock Illinois would stop this travesty of justice and common sense from continuing by complying with the order and directly dismissing those individuals who were ordered to comply forthwith by the Board of Fire and Police Commissioners and freely choose not to follow the order. The Sgt. should also be paid all money due him per order of the Board.

No one in public service, no mater what rank or level of power and supervision they hold are above the rule of law and those who believe they are need to move on to some other endeavor. I pray that this foolishness ends.

WOODSTOCK ILLINOIS CITY COUNCIL CHAMBER...FILLED TO CAPACITY

The chamber was filled to capacity with about a dozen or so citizens standing along the side and back wall. I was only able to attend the first half of the public comments section of the meeting; I suspect another blog will give you a more in debt report (www.woodstockadvocate.com).

Two members of the public voiced their dissatisfaction on the apparent increase in crime and crime related activities in Woodstock and the apparent lack of leadership and transmission of information to the public. One of the speakers, was very displeased with the way the "man with a gun" incident was managed and questioned the alleged quality of the leadership of the Woodstock Police Department. The mayor, Dr. B. Sager stated that the council is aware of the communities concerns and will implement actions that will make sure this, to the best of their abilities, does not happen again. The Police Chief, Robert W. Lowen Jr. was present at the time of the public comments and had no comments.

PEOPLE UPSET WITH CHIEF LOWEN?...TO FILL CITY COUNCIL CHAMBERS THIS TUESDAY?

Unofficial word on the street is that the citizens of Woodstock Illinois are allegedly very, very upset with the way things have been handled by the Chief of Police Robert W. Lowen Jr. From what I have heard a number of them will be showing up for the Tuesday meeting of the City Council to voice their complaints of the way public safety and crime matters have been handled over the last several days and I don't think they will be willing to settle for a cup of coffee...even a premium imported blend.
PS: Meeting will be held a 7 PM on this coming Tuesday at the City Hall in the Council Chambers.

POLICE CHIEF ROBERT W LOWEN JR QUERIED BY RESIDENTS OF WOODSTOCK ILLINOIS AND THE PRESS

In a Editorial printed by the Northwest Herald on Sept. 12, 2008 the paper stated that Police Chief Lowen "needs to understand that dealing with the public and releasing information on crime that occurs in Woodstock (Illinois) is an important part of his job." They also stated "Woodstock residents deserve better."
Read the entire Editorial entitled "Information was lacking" on line at NWHerald.com for Sept. 12, 2008

WOODSTOCK ILLINOIS..MAN WITH GUN..HELD ON RAPE CHARGES

In follow-up to my previous article about a "Man With Gun" earlier this week it appears that Tim Kane, a reporter for the Northwest Herald has gotten the "rest of the story".

According to Tim Kane's article the Woodstock Illinois Police Department said: "a homeless man was in custody Thursday after being charged with two counts of sexually assaulting a 26-year old woman in a laundromat last week."

The article by Mr. Kane stated that the alleged offender was identified as Jeffrey A. Cole, 25 years of age. He was charged Wednesday with:

• aggravated sexual assault
• aggravated unlawful restraint
• one count of burglary
• one count of disorderly conduct in relation to his actions with what looked like a handgun in the backyard of a Woodstock residence in the 200 block of Fremont Street

Cole was arrested Wednesday after he was pulled over by police for speeding. They then ascertained he had no insurance and was driving with a suspended license.

He is in jail and needs $30,000 for bond. His next date in for court is next week Wednesday, Sept. 17th.

Good job Mr. Tim Kane for alerting the public...keep up the good work!

WOODSTOCK ILLINOIS..MAN WITH GUN..NO PROBLEM?

Finally some 60 or more citizens of Woodstock Illinois are not only going to "Coffee with the Chief, Robert W. Lowen Jr, Program" on Monday nights just to drink some free coffee and chat with the Chief but according to the Northwest Herald article by Northwest Herald reporter Tim Kane "to vent their frustrations" to him in regards to how a report of a man with a gun report was handled. The report was telephoned into the Woodstock Police Department by a lady in the 200 block of Fremont Street at about 9:15 am last Thursday. The lady went into her yard to fetch some wood from a wood pile and found a man hiding behind it with a handgun in his hand; now how often has that happened to you? The man told the lady that he was going to use the gun for his cat....sure! So what was he going to do...discharge a firearm within the city limits? Some officers were sent out to patrol the area and look for the suspect and when they found someone who matched the description the lady could not identify him for certain. So far so good it appears that they did what they, the police, could up to this point.

From this point on however I question the judgment of whomever made the final decision. Common sense would dictate that most Patrol Sergeants would have contacted a superior, either a Deputy Chief or the Chief and filled him in on the situation. That and armed man has been reported and that the police had not been able to apprehend or find and contain him and that all of this was happening not very far from Dean Street School. As a prudent Sergeant he should have called and let someone who was in a "higher pay grade" make the decision as to whether we notify and secure the Dean Street School and post a patrol officer there for the day just to be on the safe side or walk away and do none of the above.

The principal of the school did not find out about all of this until the following Monday. Some example of community policing and communicating potential threats to the civilian community. Ultimately the Chief is responsible for the Police Department and the buck and responsibility and final decisions should end in his lap.

Thank God nothing happened and maybe the only injury was to that cat....hmmmm. But this could have also turned into a real nightmare.

WOODSTOCK ILLINOIS TAX PAYERS...BEWARE?..THE SAGA CONTINUES

It has been about a year or more since the City of Woodstock Police Chief, Robert W. Lowen Jr., who I believe still lives in Carpentersville after more that three years on the job as Chief, filed a complaint with the Woodstock Fire and Police Commissioners, who are considered officers of the City of Woodstock. He, the Police Chief, Robert W. Lowen Jr. alleged that Sergeant Steven R. Gorski, a 19 now 20 year veteran of the force be fired because of alleged abuse of prescription medications that he used to control pain that had been caused by two in the line of duty injuries that he sustained to his lower back and his neck. At an "open" meeting the attorney for the City of Woodstock, at that time, made sure that all the alleged details that she, Anne Brophy, an attorney of the firm of Zukowski, Rogers, Flood & McArdle, and the Chief wanted to be publicly disseminated was done so to the media which was present. It did not appear to me that they were allegedly too concerned about private personnel or private health issues whatsoever. They accomplished what they set out to do; to allegedly air private personnel and health issues to the public via newspapers, Internet, etc.

I have served on many boards of directors over the last thirty plus years and I cannot recall once when a board discussed personnel or health matters of an employee in a public, open forum; to me the manner in which this initial complaint of the Chief that was presented to the Board of Fire and Police Commissioners was allegedly done to injure and defame Sergeant Gorski before he even had the chance to defend himself. It was, I allege, unscrupulous behavior at best.

It then took Ms. Brophy about four and one-half months, (all in closed session to the public) to present the evidence that was to prove the Chief's complaint. In January of 2008 the prosecution (Ms. Brophy) rested it's case; it had presented all the evidence it had. Why it took four and one-half months to do so I do not know and why all of a sudden it had to be in "closed session" after the supposed complaint was announced in detail in public is beyond my understanding. I allege a murder trial might have been resolved sooner and this whole matter I allege has a certain distinct smell to it.

Sergeant Gorski's attorney, Tom Loizzo then asked the Board of Fire and Police Commissioners to consider a directed decision since to his perspective the Chief and the City did not prove their case. The Board of Fire and Police Commissioners in February of 2008 then granted the motion for a directed decision and deliberated in private for several minutes to arrive at a decision. The decision of the Board of Fire and Police Commissioners was unanimous, 3 to 0 in favor of Sergeant Gorski with absolutely no disciplinary action recommended. The City was directed to pay him all his back pay and interest that he had not been receiving and to reinstate him when he had recovered from surgery on his lower back which had incurred in the interim. None of the directives of the Board of Fire and Police Commissioners were obeyed by the Chief or corporate city authorities. The Chief, Robert W. Lowen Jr. filed for Administrative Review with the Circuit Court. Two scheduling hearings have already happened in the hope that this could be resolved but so far it has not. Each time a junior member of the law firm of Zukowski, Rogers, Flood & McArdle appeared (musical lawyers) who could not and did not have the authority to act for the law firm. A hearing before Judge M. McIntyre is finally set for October 15, 2008.

You have to understand one thing, the Chief has named the Fire and Police Commissioners as Defendants in his action for an Administrative Review...the City in a sense suing the City. Sergeant Gorski was also named as a Defendant although he had absolutely nothing to do with the Board of Fire and Police Commissioners' decision to accept the motion for a directed decision and with the final decision of the Board of Fire and Police Commissioners, 3 to 0 in his favor.

This whole misadventure has only one winner at this time, I allege it is the law firm of Zukowski, Rogers, Flood and McArdle who will collect their legal fees for over the last year of continued litigation on their part. The losers will be Sergeant Gorski who has not been paid in almost one year and the tax paying citizens of Woodstock who are going to pick up the legal tab. What are the City of Woodstock leaders thinking? The hole is just getting deeper and deeper.

DOCTORS..VENDORS....LABOR DAY THOUGHT

Since mankind lived in caves thousands of years before writing and language skills developed there existed the "healer", "witchdoctor", "medicine man", "shaman" or any one of a thousand other names that person may have been called...most of them long since forgotten over the eons since they walked and practiced what we today call medicine. They were individuals in a tribe or clan that had the secret knowledge passed onto them from their father or mother; in a true sense ...a family affair that continued as long as that family continued to exist. When the family died out that line of healing died out with it. Their skills were composed of many parts: mysticism, religion, observation of nature and the creatures around them and to some extent experimentation and magic and common sense. These skills though ancient and seemingly crude serviced mankind for thousands of years and apparently worked to some degree to get us through in spite of their inadequacies.

With the advancement of mankind and writing came the codification of all this knowledge passed on (verbally) over the ages; much of it nonsense and some of it true. Science as we understand it only began about 500 t0 600 years ago with observation of the world around us and gradually the scientific method evolved which involved theories and experimentation to verify the theory (hypothesis).

Today the healer of yesterday is called doctor or physician or even more recently denigrated to the level of a "vendor" and in that vending machine delivering an item or service. I personally would rather be called a "healer", "shaman" or anyone of multiple other terms lost to antiquity than a "vendor". The family of the ancient "healer" has now become the corporation which controls it's "vendors" by owning and controlling it's vending machines....hospitals, clinics, emergent care centers and anyone of many other entities. They are generally run and controlled by MBAs and accountants and laymen (business men) with their own agendas...not necessarily the same healing ones of the doctor...oh excuse me... the "vendor". This has been called progress. I sometimes wonder if it is progress in the right direction and with the correct people at the helm. If the people want a Walmart mentality servicing their health they will get the service they deserve.

In the last century or so we have seen more changes in medicine than have occurred in thousands of years. Let us not change it so much that the human element, the person to person connection along with the compassion is lost forever for then we who are "healers" will be forever delegated to the realm of "vendor" and the "vending machine" will take us into the future. A terrifying thought to me.

RESULTS...SOURCE OF STRESS POLL

The results were pretty much spread evenly across the board...home, work, driving, relationships and other. The one interesting fact the small poll revealed was no one stated they had NO STRESS in their lives...a sign of the times?

Pregnant...Don't Drink Alcohol

According to a recent article in the Chicago Tribune by Bonnie Rubin about 40,000 babies (1% of all live births) are born with some alcohol -related neurological impairment, according to the Centers for Disease Control and Prevention. That is more than spina bifida, Down Syndrome and muscular dystrophy combined. A new term has been coined for this disorder, FASD, Fetal Alcohol Spectrum Disorders and it is 100% preventable. Just remember and do one thing.....

IF YOU ARE PREGNANT DON'T DRINK ANYTHING WITH ALCOHOL IN IT !

Simple....YES.

IS THERE A DOCTOR IN THE HOUSE?

As some of you may know I am retired and have been serving on the Board of Health for McHenry County for almost 10 years. We need some help. The State of Illinois requires two physicians, MDs or DOs, to sit on the Board of Health. Recently one of the two physicians retired from service on the Board. Please consider contacting me if you are interested in volunteering some time in service to the public health needs of the county. We meet once a month and occasionally for committee meetings or special meetings called. It will not take up an inordinate amount of your time and is interesting and stimulating. If you are interested in providing a needed public health service for McHenry County contact me at rgorski@embarqmail.com

I will pass on your information to the Public Health Administrator, Mr. Patrick McNulty.

HOSPITALS VIE FOR OLYMPICS

In yesterday's Chicago Tribune, Business Section is the headline noted above in the title of this article.
I contend that if people can afford to travel thousands of miles, spend thousands of dollars when they get here to have a good time they can afford to buy travel insurance to pay for their medical bills if they incur any on their trip to the U.S. Now we are supposed to pay the tab for the world's travelers so that the mayor and the state can then raise our taxes to subsidize hospitals who may loose millions of dollars. We really are stupid at times...seems lately most of the time. The state does not even pay the medical bills it owes to take care of its citizens. Just look at the job the politicians are doing in Springfield led by Governor Rod. Before these folks (foreign travelers) are allowed in the country they should have to show proof of health insurance. No foreign country has ever paid my medical bills when I visited them. In fact some health facilities won't even see you until they see cash or a travel insurance policy. When are we going to get some common sense?

HELPFUL HINT IF STUNG BY BEE

It is best to scrape a stinger away is a side-to-side motion with a straight-edged object like a credit card. Don't use tweezers because it may push more venom into the skin. After removing a stinger, wash the area with soap and water. You can apply ice or another cold compress to help reduce swelling.

BUGS AWAY!

Things you can do:

• Use structural barriers such as window screens and netting.
• Avoid wooded, brushy, grassy areas.
• Don't wear scented soaps, perfumes.
• Use caution eating outside and drinking; don't leave drinks and garbage cans uncovered.
• Don't wear bright colors, which attract bees.
• Wear long sleeves and long pants when possible.
• Tuck pant legs into socks or shoes.
• Wear a hat for extra protection.
• Get rid of containers with standing water that give mosquitoes a breeding ground.
• Use insect repellent if non chemical methods are ineffective and you spend time in tall grass and wooded areas.
• Treat camping gear, clothes, and shoes with permethrin, which repels and kills ticks, mosquitoes, and other insects. Clothing that is pre-treated with permethrin is also available commercially.
• Good luck this summer and be careful out there.

PUBLIC EMPLOYEE DISABILITY ACT (PEDA)

Your employer may not volunteer this information to you so I am quoting it word for word for your information and benefit should you need it.

GENERAL PROVISIONS

(5 ILCS 345/) Public Employee Disability Act

(5 ILCS 345/0.01) (from Ch. 70, par. 90.9)

Sec. 0.01. Short title. This Act may be cited as the Public Employee Disability Act. (Source: P.A. 86-1324.)

(5 ILCS 345/1) (from Ch. 70, par. 91)

Sec. 1. Disability benefit.

(a) For the purposes of this Section, "eligible employee" means any part-time or full time State correctional officer or any other full or part-time employee of the Department of Corrections, any full or part-time employee of the Prisoner Review Board, and full time or part-time employee of the Department of Human Services working within a penal institution or a State mental health or developmental disabilities facility operated by the Department of Human Services, and any full-time law enforcement officer or full-time firefighter who is employed by the State of Illinois, any unit of local government (including any home rule unit), any State supported college or university, or any other public entity granted the power to employ persons for such purposes by law.

(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer that one year in relation to the same injury. However, no injury to an employee of the Department of Corrections or the Prisoner Review Board working within a penal institution or an employee of the Department of Human Services working within a departmental mental health or developmental disabilities facility shall qualify the employee for the benefits under this Section unless the injury is the direct or indirect result of violence by inmates of the penal institution or residents of the mental health or developmental disabilities facility.

(c) At any time during the period for which continuing compensation is required by this Act, the employing public entity may order at the expense of that entity physical or medical examinations of the injured person to determine the degree of the disability.

(d) During this period of disability, the injured person shall not be employed in any other manner, with or without monetary compensation. Any person who is employed in violation of this paragraph forfeits the continuing compensation provided by this Act from the time such employment begins. Any salary compensation due the injured person from workers' compensation or any salary due him from any type of insurance which may be carried by the employing public entity shall revert to that entity during the time for which continuing compensation is paid to him under this Act. Any disabled person receiving compensation under the provisions of this Act shall not be entitled to any benefits for which he would qualify because of his disability under the provisions of the Illinois Pension Code.

(e) Any employee of the State of Illinois, as defined in Section 14-103.05 of the Illinois Pension Code, who becomes permanently unable to perform the duties of such employment due to an injury received in the active performance of his duties as a State employee as a result of a willful act of violence by another employee of the State of Illinois, as so defined, committed during such other employee's course of employment and after January 1, 1988 shall be eligible for benefits pursuant to the provisions of this Section. For purposes of this Section, permanently disabled is defined as a diagnosis or prognosis of an inability to return to current job duties by a physician licensed to practice medicine in all of its branches.

(f) The compensation and other benefits provided to part-time employees covered by this Section shall be calculated based on the percentage of time the part-time employee was scheduled to work pursuant to his or her status as a part-time employee.

(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded. This Act does not preempt the concurrent exercise by home rule units of the powers consistent herewith.

This Act does not apply to any home rule unit with a population of over 1,000,000.

(Source: P.A. 88-45; 89-504, eff. 7-1-97.)

RESULTS OF FEEL SAFE POLL

Though the poll numbers of those who responded was small (10) they were 80% for the "I feel safe in McHenry County". I will repeat the poll next summer to see if there is any change. Thanks for participating!

DID YOU KNOW ABOUT "RETALIATORY DISCHARGE"?

Injured workers have remedies provided through workers' compensation laws in all the states. These same laws also protect employers, because they tend to be the only remedy that injured employees may seek from their employers. Many employers however don't look happily on those that file workmans' compensation claims; some unlawfully discriminate against such employees. The attitude of many employers and the legal firms they retain may be "guilty until proven innocent and even if innocent figure some way to mitigate the amount of money required to settle the issue at the injured party's expense". To protect employees from employers who discriminate, unjustly try to terminate or harass injured employees these states allow employees to bring civil actions against their employers for the tort of "retaliatory discharge."

If you believe you have been discriminated against or discharged in retaliation for exercising your rights under workers' compensation laws you may have a claim against your employer. In a retaliatory discharge suit, you must convince a judge or jury that you were terminated because you exercised your rights under workmans' compensation laws.

Retaliation can also take more subtle types of discrimination: demotion, salary reduction.

So be careful out there....your employer and their legal council and insurance companies do not always look out for your best interests...only you can do that.

THOUGHT YOU SHOULD KNOW!

This statute, TITLE 18, UNITED STATES CONSTITUTION., SECTION 241 CONSPIRACY AGAINST RIGHTS makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

For further more detailed information go to:

www.fbi.gov

Thought you should know!

THE PUBLIC HEALTH SERVICE

As some of you may know I have had the privilege of being a member of the McHenry County Board of Health for the last ten years. The McHenry County Department of Health and its Board of Health has been serving the citizens of McHenry County for well over 30 years.

The history of public health in this country dates back to 1798 when Congress passed a law for the relief of sick and disabled seamen with the creation of the Marine Hospital Service and hospitals in many American port cities (sites of entry of many diseases from around the world). Gradually over many years the Marine Hospital Service evolved into what we know today as the U.S. Public Health Service.

The McHenry County Department of Health carries on the traditions and essential services that were developed over the last two centuries. These ESSENTIAL SERVICES are:

1. To monitor community health status
2. To diagnose and investigate health problems
3. To inform and educate people about health
4. To mobilize community partnerships
5. To develop and enforce health and safety protection
6. To link people to needed personal health services
7. To assure a competent health workforce
8. To foster health-enhancing public policies
9. To evaluate the quality and effectiveness of services
10. To research for new insights and innovations

The entire McHenry County Department of Health is out there every day to make sure that this county is a healthy place for you and your family.

Get more information at:

http://www.co.mchenry.il.us/

Then click on Departments and H (for Health Dept)

The best of health to you!

STRESS KILLING YOU?

The causes of stress are manifold but one important one is working for someone who is super critical. No matter how hard you try to please or win over that person you never will. It usually results with you coming down hard on yourself and with a feeling of anger; anger not necessarily directed at any one in particular but a feeling deep in your gut that sits there like a lump of undigested food. In order to avoid this set up an invisible internal boundary line and don't allow the critical person within that line.

The super critical person will probably continue to behave (misbehave) for the rest of their working and non-working life and there is little you can do to change them. What you can do however with practice and internal discipline is to not let that person cross over your invisible internal boundary line. Be honest with yourself and if your internal appraisal is more accurate than theirs believe it and disagree internally. Trying to "get along" by talking things over will usually not work with a person who is predisposed to be super critical and totally self opinionated. You can try using an internal company grievance policy if it has one but it usually will not work.

Very ofter these super critical persons will self-destruct. By that I mean that they will cause so much disruption and lack of loyalty in the work place that the people or person who hired them will see the fact that they are a not a positive factor which is improving the company or department and their contract will not be renewed or they will be discharged. It may take a few years to get to this point of realization but most companies or departments will get there; after all no one wants to admit they may have made a mistake in hiring the individual in the first place.

So keep your "cool". Don't get suckered into playing their game and remember your patience will reward you in the long run.

ARE OR WERE YOU A VICTIM OF...HARASSMENT?

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, sex, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including but not limited to, the following:

• The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
• The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
• Unlawful harassment may occur without economic injury to, or discharge of, the victim.

Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.

EMPLOYER LIABILITY FOR HARASSMENT

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such a termination, failure to promote or hire, and loss of wages.

In Fiscal Year 2006 the EEOC recovered almost $60 million in monetary benefits for charging parties and other aggrieved individuals; this does NOT include monetary benefits obtained through litigation.

SEMANTICS AND CIVILIZATION

Semantics is often defined as the branch of linguistic science which deals with the meanings of words and especially with the development and change in these meanings. Civilization is often defined as the sum of qualities of a particular civilized society and civilized as being endowed with law, order and the conditions favorable to the arts and sciences; having refined manners and tastes. In this spectrum of definitions the most fundamental and foundational word is missing and does not seem to be as important in today's society as it was in the past and maybe that's why the world situation seems to be worsening and conditions for countries, governments, families and individuals seem to be getting worse on a global scale. That single most important word on which all human interactions and understanding should be based is Truth. Truth has been defined in many ways over thousands of years by thousands of people. I believe that truth is that which conforms with the seen and unseen existence within us, and the entire cosmos. If we as a country, a world cannot see much less understand yet that which is written in the natural processes, laws that created all that exists then we are doomed as a civilization and a world.

Science tells us that statistically it is much more scientific to believe in a designed cosmos with life in it than for it to have just happened by chance. There are not enough pieces of paper in all the earth filled with a decimal point followed by zeros to tell us the chance that this was not a designed undertaking. We must understand this and act in a manner which understands that we and the cosmos are here for a purpose and that purpose someday will be fulfilled and then we hopefully all can say "Oh now I understand". If mankind fully understood the entire purpose of his/her being and that of the cosmos where would be the fun in continuing this journey of mankind in understanding himself and the universe around him?

ARE OR WERE YOU A VICTIM OF..RETALIATION?

PART TWO...DEFINITION OF TERMS

Adverse Action

An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:

• employment actions such as termination, refusal to hire,and denial of promotion,
• other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
• any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance history.

Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing an EEO charge against a former employer.

Of course, employees are not excused from continuing to perform their jobs or follow their company's legitimate workplace rules just because they have filed a complaint with the EEOC or opposed discrimination.

For more information about adverse actions, see EEOC's Compliance Manual Section 8, Chapter II, Part D.

Covered Individuals

Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accomodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals.

Protected Activity

Protected activity includes:

Opposition to a practice believed to be unlawful discrimination

Opposition is informing an employer that you believe that he/she is engaging in prohibited

discrimination. Opposition is protected from retaliation as long as it is based on a

reasonable, good-faith belief that the complaint of practice violates anti-discrimination law:

and the manner of the opposition is reasonable.

Examples of protected opposition include:

• Complaining to anyone about alleged discrimination against oneself or others;
• Threatening to file a charge of discrimination; or
• Picketing in opposition to discrimination; or
• Refusing to obey an order reasonably believed to be discriminatory.

Participation in an employment discrimination proceeding.

Participation means taking part in an employment discrimination proceeding. Participation is

protected activity even if the proceeding involved claims that ultimately were found to be invalid.

Examples of participation include:

• Filing a charge of employment discrimination;
• Cooperating with an internal investigation of alleged discriminatory practices; or
• Serving as a witness in an EEO investigation or litigation.

For more information about Protected Activities, see EEOC's Compliance Manual, Section 8,

Chapter II, Part B - Opposition and Part C - Participation.

In 2004 more that $90 million in monetary benefits were received by charging parties and other aggrieved individuals....this does not include menetary benefits obtained through litigation.

ARE OR WERE YOU A VICTIM OF ...RETALIATION?

PART ONE...WHAT IS IT?...RETALIATION

An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disabilty, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

In addition to the protections against retaliation that are included in all the laws that are enforced by EEOC, Equal Employment Opportunity Commission, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of right granted by the ADA.

There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. We will explain and discuss these three terms tomorrow and how they may apply to you and where you can file a charge with the EEOC.

See you tomorrow.

Coffee with Chief Lowen...an expensive blend!

Well, the chief, the city attorneys and the city of Woodstock managed to stretch it out for another two months....until October 15, 2008...that is 14 months since this began. At that time Judge Maureen McIntyre will have a hearing on this matter. He, that is Sergeant Gorski has been found exonerated of the complaint filed by chief Lowen in Aug. of 2007 to the Board of Fire and Police Commissioners by a 3 to 0 decision in February 2008. They,the Board directed the city and the chief to pay him all pay due him with interest as mandated by the State. He will not have been paid in over a year by the time of the hearing. How many of you could stick it out under those kinds of alleged strategic legal financial tactics employed by the alleged triumvirate of chief, city attorneys, and city? Not many I assure you; your pockets and checkbooks would be empty and you would be going down the "you know what". But help was available and is available and Sergeant Gorski will be around a long, long time...in fact as long as it takes to get justice...I assure you of that fact. What goes around, comes around. This has gone beyond process and could be presumed and alleged by some as an alleged vend eta towards the Sergeant.

I hope the tax payers of Woodstock Illinois are keeping track of how many hundreds of thousands of dollars each ounce in that cup of coffee with chief is costing them. I am surprised that not one of them has asked yet.

Hints for when you go to the Doctor's office

1. Set up a schedule depending on your age, health and your doctor's recommendation as to at what intervals he/she wants to see you; even if you are feeling well, there may be reasons for the regular visits.
2. Write down (preferably typed) on a blank white sheet of paper all the medications you take both prescription and over the counter and the dosage and how much per day you take. Date the sheet of paper with the date of the appointment.
3. Stay focused on the one or two things that are giving you the most trouble and are the reason for the visit and have them written down along with any symptoms and a little history of when you first noted them and how they have developed. Nothing turns off a doctor as quickly as a patient who is unorganized, does not know what medications he/she is on and has no idea of exactly why they are there and start to enumerate 15 or 20 different conditions in the hope that the doctor will be able to solve them all in one 20 to 30 minute office visit. Trust me when I say that this approach in the long run and short run will not save you any money. If you have memory problems have someone you trust accompany you and assist you with the visit and the doctors recommendations for treatment.
4. Take the medications as prescribed and for as long as prescribed. Do report any side effect that may develop while on the medications.
5. Make sure you keep the follow up appointment with the doctor.
6. Don't ever play lets trade medications with another person in the hope that their medication will work on you better....it may kill you.
7. Do all things in moderation.
8. Good health to you!

VALLEY HI NURSING HOME.....BEWARE!!

This month's American Journal of Nursing contains an interesting article entitled "Care Suffers When Nursing Homes Switch to a For-Profit Status". I don't believe it is the intention of the McHenry County Board to make Valley Hi a for-profit entity but just to bring the budget under better control. However there is always the temptation to save more and more money and then at some point patient (resident) care is compromised. So one has to be very diligent in pursuing saving vs. patient welfare.

Researchers from Harvard University took a look at changes in payer mix, staffing ratios, occupancy rates, and a spectrum of quality control indicators. What they found was nursing homes that tended to deviate from the "non-profit" side of the spectrum towards to "for profit' side generally provided lower quality care.

According to Charlene Harrington, professor of sociology and nursing in the Department of Social and Behavioral Sciences at the University of California, San Francisco (UCSF). "Literature has confirmed that nonprofit institutions are much better in general," she said. "They have higher staffing, higher wages, and lower turnover of employees. Those factors are important in ensuring that patients receive better quality care."

I hope that the Board of Directors of Valley Hi, its current administrator and the McHenry County Board keep a close eye not only on the bottom line but also the quality indicators for the sake of the health and care of the residents of Valley Hi....I am sure they will.

GIVE THE GIFT OF LIFE

Yesterday I received a letter from Jesse White, Illinois Secretary of State. It was a "kind of" thank you note regarding my decision to be part of a life-saving team.

When I renewed my Illinois drivers' license I also signed onto the States new First-Person Consent Organ/Tissue Donor Registry. Even in death you can give life to another individual; I can't think of a more precious gift.

Almost 5,000 people are waiting for organ transplants to give them a second chance at life. Sadly many will die because of the lack of donors.

If you want to give the greatest gift you will ever give to another human being call toll free:

800-210-2106

or visit

www.LifeGoesOn.com

IT WILL BE THE GREATEST GIFT YOU WILL EVER GIVE

PUBLIC EMPLOYEE DISABILITY ACT...PEDA & WOODSTOCK ILLINOIS

(5 ILCS 345/0.01) (FROM Ch. 70, par. 90.9)
Sec; 0.01. Short title. This Act may be cited as the Public Employee Disability Act.
(Source: P.A. 86-1324.)

(5 ILCS 345/1) (from Ch. 70, par. 91)

Sec. 1. Disability benefit.

(a) For the purposes of this Section, "eligible employee" means any part-time or full-time employee.............and any full-time law enforcement officer..........who is employed (by) any unit of local government.......granted the power to employ persons for such purposes by law.

(b) Whenever an eligible employee suffers any injury in the line of duty which causes him to be unable to perform his duties, he shall continue to be paid by the employing public entity on the same basis as he was paid before the injury, with no deduction from his sick leave credits, compensatory time for overtime accumulations or vacation, or service credits in a public employee pension fund during the time he is unable to perform his duties due to the result of the injury, but not longer than one year in relation to the same injury. .............

(c) At any time during the period for which continuing compensation is required by this Act, the employing public entity may order at the expense of that entity physical or medical examinations of the injured person to determine the degree of disability.

(d) During this period of disability, the injured person shall not be employed in any other manner, with or without monetary compensation. ............

(e) Does not apply in this situation.

(f) Does not apply in this situation.

(g) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, this Act specifically denies and limits the exercise by home rule units of any power which is inconsistent herewith, and all existing laws and ordinances which are inconsistent herewith are hereby superseded. ........

(Source: P.A. 88-45; 89-507, eff. 7-1-97. )

As you may or may not know I am an advocate for an individual who has served the City of Woodstock for almost twenty years in a full time capacity in one of the City's Departments. He was injured in the line of duty and it was documented and has since had extensive spinal surgery and will require additional surgery in the near future. How is it that this Public Employee Disability Act has in no positive way aided him in any manner? Not only did it not help him but he was told by the City that he had to use the employee benefits, Family Medical Leave Act and credits he had accrued. This is expressly forbidden in paragraph (b) above.

I would like to know why the Public Employee Disability Act does not apply to this individual who has given 20 years of public service to the City of Woodstock. I would also like to know who made that decision that has dramatically and negatively affected this person's life and family.

The people of Woodstock should want to know why their publicly paid by tax dollars employees are treated in this manner. If I were one of them I would want to know the answers and who was the guiding force of this behavior. To date the injured party has not received one cent under PEDA (Public Employee Disability Act) and it has been over a year.

Stritch School of Medicine..REUNION 2008

PLEASE JOIN US

OCT. 24 - 26

RECONNECT...with your classmates

RE-ENGAGE...with your school

RENEW...friendships

Honoring the Classes of

1958, 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003

and all classes prior to 1958

for further info contact:

Stritch School of Medicine

Office of Development & Alumni Relations

2160 S. First Ave.

Maguire Center, Room 3410

Maywood, IL 60153

CHILDREN'S HEALTH & SAFETY FAIR

Be there or be square! You can't miss it! The 18th Annual Children's Health & Safety Fair.

WEDNESDAY, AUGUST 6, 2008

MCHENRY COUNTY COLLEGE

9am - 4pm

• Interactive Health & Safety Fair
• Door Prizes & Intertainment
• School Physicals - By Appointment Only
• Reduced Cost Immunizations
• Dental Exams

If your child is receiving Immunizations,

you must bring as updated shot record.

Request this early.

FOR MORE INFORMATION CALL:

815-334-4500

To schedule an appointment for a physical

Please call 815-334-8987

BE THERE FOR YOUR CHILD'S SAKE!!!

Strange Things are Happening

At 8 A.M. this morning I received a phone call from the business office of a hospital health system in Florida. My wife and I spent some time in Florida this winter. During the stay in the land of sunshine we needed the services of an emergency room. All turned out well and no serious problems were noted.

We went through the usual process of signing in and filling out all sorts of forms and finally the hospital making a copy of your driver's license and insurance card. We finally got back to where we were staying about 4 hours later after some tests and x-rays and treatment was done.

I just recently received the bill (about 5 days ago) and it was about what I had expected it to be, but here is the interesting part; the call I received from a very polite gentleman said they were running a special for the next ten days and if I could pay the bill in that period of time they would discount it by 50%........50%. Wow...I never had an offer like that in my lifetime. Financial times must be tough down there in Florida. Oh and by the way....the check IS in the mail.

ILLINOIS IS BAD...BAD...BAD!

I received a copy of correspondence yesterday from the Illinois Climate Action Network (Illinois CAN). It was basically proposing that we all in Illinois jump on the Global Warming Bandwagon by supporting S.B. 2220 / H.B. 5254: A Plan to Reduce Global Warming Pollution.

We in Illinois are according to Illinois CAN are the 7th largest contributor of global warming pollution in the country and together with seven other Midwestern state co-conspirators we account for more than 23% of the nation's, and 5% of the world's greenhouse gas pollution. No mention is made of China, India, Pakistan, Mexico or Europe and South America...as though we are the only bad boys in town. I'd like to know their numbers.

Not one word of the science from reputable sources to back any of these figures much less the questionable fact that we are undergoing global warming that is different from other periods of such warming trends that have occurred in cyclical fashion over hundreds of thousands of years on this earth of ours.

The policies they propose would change the way we fundamentally live and would have dramatic economic and social implications and if only the U.S. was involved would have no affect on the final outcome if you believed in the global warming hypothesis to begin with.

I think before we jump on any bandwagon the science has to be almost absolute and the financial interests of the propagandists and true believers of global warming have to be scrutinized to the utmost. Just because you get a Nobel Prize doesn't necessarily mean you have a lot of common sense and no personal financial agenda.

PS: I wonder if they will be able to read the numbers on the competitors at the Olympics in China much less see the Sun.

Malicious Prosecution

While surfing the Internet in doing a little research on my previous blog The "Finger" I came upon some interesting material related to malicious prosecution.

Malicious prosecution is a common law intentional tort (lawsuit), while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.

In a malicious prosecution lawsuit the former defendant (respondent) is now the plaintiff and the defendant/s may be the person/s who initiated the action, the attorney/s (or the law firm who prosecuted said action) and those who contributed or assisted in giving authorization or the use of public funds to proceed in the prolonged prosecution of said action against the, now plaintiff. The plaintiff has a right to a jury trial of his peers.

The elements of a malicious prosecution care are

1. that the defendant filed and/or prosecuted the underlying civil action;
2. a favorable termination of the prior case;
3. the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable;
4. malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause and from inadequate investigation and research, and
5. damages

Since the re-litigation of the former action will be prohibited, the favorable termination of that case is the starting point of the malicious prosecution case. Therefore, before the plaintiff's first witness is called, plaintiff should offer, as Exhibit "1" , the judgment in the underlying action. If a statement of decision was made, that document should also be offered.

THE "FINGER"

I can only wonder what "charges" would have been brought (trumped up?) against Greg Kachka if he had used the "finger" instead of a gun-like gesture. I suspect that many individuals in appointed positions or elected positions take themselves more seriously than they do their jobs. What constitutes disorderly conduct in its legal definition or is that charge, now, in many instances, being used to stifle orderly but honest direct and blunt questioning and confrontation that some individuals in positions of authority find objectionable? If we are judged and charged with crimes because of how we look, what we wear or sometimes loose our "cool" and say or do something that does not in reality harm or threaten anyone than at least half of McHenry County might be in jail now or posting bond right now because someones sensitivities were trod upon. We need people in governmental positions who know they are there serving at the pleasure of the people and not there to act as feudal lords exercising their authority over "their" subjects. Be careful what you say and do or you might get "Kachkaed".

Ladies...Its Your Health and Life

As most of you know I am a retired physician and a member of the McHenry County Board of Health. Do I have a deal for you and it could save your life. All that it takes is a little bit of your time.

"CRYSTAL LAKE - McHenry County Department of Health will offer free pelvic exams and Pap tests to any uninsured/under insured woman between the ages 35 and 64 through the state's Illinois Breast and Cervical Cancer Program.

Mammograms also are free through the IBCCP program for uninsured/under insured women ages 40 to 64.

McHenry County residents may register now for the IBCCP program by calling MCDH at 815-334-0232.

Services will be provided at the department's newest facility at 100 N. Virginia St.

Go have the tests done and "be around" to see your great grandchildren!"

Workplace Advice

Lucky is the man/woman who doesn't have a supercritical boss in the workplace who causes stress in everyone in the vicinity. Many people will try to resolve this stress by getting on the "good side" of that individual: commonly known as "brown nosing" or "apple polishing"; this is almost universally not successful. Some allow the boss to provoke them to anger. Neither of these techniques work since they allow the boss to invade your personal space and the boss is rewarded by a false sense of control over you and your activities...in a sense micromanaging your every move...you can never know what is correct or incorrect because the boss doesn't know what is appropriate or not appropriate in particular situations or he/she would not use this bullying technique to lead. A good boss, leader, leads by example and never asks his men or women working with him/her to do anything he/she wouldn't do. That is how you gain the respect of the troops.

If you cannot resolve problems with this type of individual try going through the company's grievance process if they have one. If none exists then try to limit yourself physically and emotionally from this type of individual because you will never win on a one to one basis. Trying to gain the approval of such an individual will never work unless you revert to the status of a slave with no mind, will or morals of your own. "Whoever corrects a mocker invites insult; whoever rebukes a wicked man incurs abuse. Do not rebuke a mocker or he will hate you; rebuke a wise man and he will love you" (Prov. 9:7-8). Stay separate and be true to your code.

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".

RETURN TO WORK AGREEMENTS

According to the U.S. Department of Labor (www.dol.gov/elaws) Sept. 16, 2007 "a Return-to-Work Agreement (RTWA) is a written document that sets forth the expectations that the employer and the employee assistance/medical professional have of an employee who has completed mandated treatment for alcohol and/or drug problems." This agreement is to be used if an individual has a primary alcohol and/or drug problem. Primary meaning that his/her alcohol and/or drug problems are the basis of the work related problems that are occurring. It is not designed to be used on an individual whose primary problem is a work related injury or injuries or disease who is under the care of a licensed physician who prescribes the drugs for either cure or mitigation of symptoms such as pain or any of a myriad of others. One example of the misuse of this type of RTWA would be to force a employee, lets say who has cancer, to sign the RTWA because the drug the employee's physician has prescribed might at times cause nausea and or vomiting and interfere with workplace routine. The RTWA to be used must be for an underlying primary alcohol and/or drug problem and not used to impede the treatment of an underlying disease or injury or injuries, especially if said injury or injuries were sustained in the workplace. It, the RTWA is not meant to be a "one size fits all" agreement; that should be obvious to all rational and sensible people. It should not be used to "get rid" of or discard employees that are becoming a logistical or financial problem for the employer...to use it for this reason would be amoral and allegedly illegal.

According to the U.S. Department of Labor "Developing a RTWA requires:

• Coordination between the employee, employer, union, Employee Assistance Program and/ or treatment professionals.
• Compliance with the organization's policies and legal obligations, as well as medical recommendations.
• Prior notification through company policy that an RTWA would be expected as a condition of continued employment.

I hope all people of honor and conscience in positions of authority use a RTWA for the benefit of the employee and not as an illicit tool to solve their self motivated problems with that employee. In the end we all will have to answer for our actions especially when they affect the welfare of other individuals and their families.

NEVER ENDING EGO?

Over one year ago Robert "coffee with the chief" Lowen of the Woodstock Illinois Police Department filed a complaint against Sgt. Steven R. Gorski with the Woodstock Illinois Board of Fire and Police Commissioners asking that the Sergeant be fired from the department for misconduct according to Lowen. Lowen's tax payer paid City of Woodstock Illinois attorneys presented 4 1/2 months of supposed evidence ending prosecution of the Sergeant on January 4, 2008....or did they....yes you heard me correctly...4 1/2 months. The Sergeant's attorney asked the Woodstock Illinois Board of Fire and Police Commissioners to consider a Motion for Directed Decision. What this meant is that Lowen and his cadre of tax payer paid attorneys did not prove their case in the 4 1/2 months they were trying to. On February 14, 2008 the Woodstock Illinois Board of Fire and Police Commissioners granted the Sergeant's Motion for a Directed Decision and also decided the complaint which was filed against him. The decision was 3 to 0 in the Sergeant's favor. The Woodstock Illinois Board of Fire and Police Commissioners ordered that "the charges against (the Sergeant) be dismissed" and that the Sergeant "be reimbursed for any wages withheld"...now almost a year's amount of pay. The Board stated that the "Chief" and "appropriate corporate authorities are directed to implement this order forthwith." To date only further litigation has been implemented forthwith by Lowen and the appropriate corporate authorities. This further litigation against the City's own Board of Fire and Police Commissioners and the Sergeant is counterproductive and is only costing the tax payers a whole lot of legal fees to the firm of Zukowski, Rogers, Flood & McArdle of 50 Virginia Street in Crystal Lake Illinois. In the end I suspect the only real winners in this episode will be the law firms bottom line....more money out of Woodstock tax payers pockets and into the law firms pockets.

I wonder if you still want to have "coffee with the chief" next month? Very, very expensive coffee.

CAVEAT EMPTOR...buyer beware!

Usually "caveat emptor" is the Latin for "let the buyer beware" and usually is applied to property purchased. In this instance I will use it to apply to the purchase of legal services: one might say "intellectual" property. I will admit the analogy is not perfect and some of the property might not be worth the price asked for it...especially in the long run to the client.

You may not know it but with the exception of three areas of the law,the State of Illinois does not certify any lawyers or law firms as specialty practices...they the law firm or lawyer advertises what he/she/it considers they are expert in doing.
So you are taking them at their word; that could be a dangerous and expensive proposition in some instances when you are dealing with an individual or firm with an operational philosophy that allegedly places their welfare ahead of their clients' welfare. Everyone beyond the age of reason (about 7 yrs. of age) knows that not all people are interested in pursuing "truth, justice and the American way". Not even Superman uses the phrase "American way" anymore...he also must be politically correct and not offend anyone.

The three areas of the law recognized as certifiable by Illinois are: Patent Law, Trademark Law and Admiralty Law. As is evident by looking through the yellow pages one does not see many of these individuals in McHenry County. McHenry County might therefore be considered somewhat of a general practice sort of a county as far as the practice of law. In other words, like the song that "dates" me says "you'd better shop around".

Enough background, lets get to the meat of the matter. Over the last few days several attorneys have contacted me and I have contacted a few others and requested their gut "feelings" about the underlying operational philosophy of firms that do a high percentage of their business in servicing the needs of villages, towns, cities, and other governmental units in McHenry County. Guess what I found out from these other attorneys? Not all are concerned about truth or doing the right thing; some are more concerned about winning, even if the cost of winning in bordering on the unethical or lets use a politically incorrect word now,the "amoral" but maybe technically legal. They know the average person living from paycheck to paycheck cannot always stand up to a prolonged legal battle and that is a tactic which is used by some to win and not to arrive at justice. Maybe its true what some say; on this earth you can buy all the law you can afford but the only place that justice will be dispensed will be in Heaven...I hope I am wrong...or this country has a very dismal future ahead of it.

In conclusion of this non-clerical homily I humbly ask that all units of government whatever their size ask and question the legal services they buy what their underlying philosophy is because winning is not the be all and end all. If you believe in a Creator like our Founding Fathers did then you at some time will stand in His presence and will give an accounting of yourself....and please forgive me for speaking for Him...He is not going to ask you how many times you have WON?

A Word To The Wise...Fable III...Ben Franklin

This fable of Benjamin Franklin was published in "The Public Advertiser" , January 2, 1770 and the sage advice given equality applies today in certain situations that exist in McHenry County.

"A Lion's Whelp was put on board a Guinea Ship bound to America as a Present to a Friend in that Country: It was tame and harmless as a Kitten and therefore not confined, but suffered to walk about the ship at Pleasure. A stately, full grown English Mastiff, belonging to the Captain, despising the Weakness of the young Lion frequently took it's Food by Force, and often turned it out of its Lodging Box, when he had a Mind to repose therein himself. The young Lion nevertheless grew in Size and Strength, and the Voyage being long, he became at last a more equal Match for the Mastiff; who continuing his Insults, received a stunning Blow from the Lion's Paw over his Ears, and deterred him from any further Contest with such growing Strength; regretting that he had not rather secured its Friendship than provoked it's Enmity."

Benjamin Franklin, Jan.2, 1770

Coffee With The Chief

While having "coffee with the chief", my wife, I was reading Section C LOCAL & REGION of the Northwest Herald dated Thursday, July 10, 2008.

Two articles stood out:

1. TWO MEN CHARGED IN WOODSTOCK ASSAULT

The first was charged with two counts of reckless driving, criminal damage to property of more that $300, criminal damage to property of less that $300, and aggravated battery.

The second individual was charged with aggravated discharge of a firearm, possession of a firearm without a FOID Card, possession of ammunition without a FOID Card

According to the police the accident?....was gang related.

In reality a car and bullets were endangering the citizens of Woodstock. Luckily, no one was killed.

2. 2 CHURCH BURGLARY SUSPECTS HELD

Over the last 2 or 3 years it seems like I have been reading more and more articles regarding incidents (alleged crimes) like this in the newspaper. I wish the Northwest Herald, if they have not already done so and I missed it, print crime statistics for the whole county and each municipality so we can see where we stand and where work and creative initiative needs to be taken a notch or two higher.

I hope someone at the Northwest Herald reads this and can do this as a public service for the citizens of McHenry County so that they can see how we are doing in the fight against crime with the increasing population in the county.

Circuit Judge Michael T. Caldwell

I want to take this time to personally congratulate Judge Michael T. Caldwell for his being recognized with the McHenry County Bar Association's Distinguished Service Award. He has always been a gentleman, distinguished attorney and judge and will forever be held in my highest regards. Thank you for your service to the people of McHenry County.

Railing and Reviling

On January 8, 1768, Benjamen Franklin wrote an article to Gazetteer and New Daily Advertiser. I took this article and changed a few words here and there to reflect the current times.

Railing and Reviling

Instead of raving against the opposing party as "diggers of pits for this country," "lunatics," "sworn enemies," "ungrateful," "cut-throats." and &cc. which is a treatment the opposition party will not like. I would recommend to all writers and commentators on American affairs (however hard their arguments may be) soft words, civility, and good manners. That way we may may hope to recover the affection and respect of that great valuable part of our fellow-citizens and restore and confirm the solid respect between the two parties, that is necessary to the strength and stability of the whole country. Railing and reviling can answer no good end; and it may make the breach wider; it can never heal it.

Benjamin Franklin (words in bold and italics altered by yours truly)
Here we are 240 years after that letter was printed and the advice still rings true.

RIGHTEOUSNESS & PEACE

The more time passes the more things remain the same. This is a letter written from Port of Spain, Trinidad, February 9, 1916 to Mr. Henry Ford by Theodore Roosevelt.

My dear Mr. Ford:

I am very much pleased at your letter of the 3rd. Of course, when I come to Detroit it will be a great pleasure to see you. I want to go over at length with you this pacifist business. My dear sir, it was a real grief to me when you took the stand that you did about pacifism. I felt you had rendered a great service industrially, and therefore socially, to this people by what you had done in connection with your automobile factory. I hated to see you fall into the trap of pacifism; for in this country pacifism has been the enemy of morality for over fifty years. Don't forget that the pacifists of 1864 were the copperheads; that the men who put peace above righteousness without exception voted against Abraham Lincoln; that Abraham Lincoln had to war most strongly against the men who tried "to take the soldiers out of the trenches" in the Civil War. Righteousness, if triumphant, brings peace; but peace does not necessarily bring righteousness; and you my dear Mr. Ford, can render the very greatest service to this country if you will stand up for the valor of righteousness and put your great name and great influence back of that movement; and not try to help strike down righteousness in the name of peace - a copperhead peace.

Again cordially thanking you, I am, Sincerely yours,
Theodore Roosevelt

PS: I don't object to the professional pacifist movement merely because it is futile; I object to it because it is profoundly mischievous from a moral standpoint."

If we don't learn from history we are bound to repeat our mistakes. We must know the difference between righteousness and peace if we as a nation are to survive over the long run.