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

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

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

The Second Amendment of the U.S. Constitution

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

The First Amendment of the U.S. Constitution

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

Abraham Lincoln said:

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

James Madison Declared

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

Wednesday, July 30, 2008


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 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.

Tuesday, July 29, 2008

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.


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".

Monday, July 28, 2008

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!"

Sunday, July 27, 2008

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 a sense micromanaging your every 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.

Friday, July 25, 2008

City 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.

Thursday, July 24, 2008

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".

Monday, July 21, 2008


According to the U.S. Department of Labor ( 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 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.

Sunday, July 20, 2008


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" 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.

Saturday, July 12, 2008

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?

Thursday, July 10, 2008

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:


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.


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.

Saturday, July 5, 2008

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.

Friday, July 4, 2008


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.

What...No USA!

While in England in 1775 Dr. Benjamen Franklin was asked by a British Nobleman, what would satisfy the Americans in the Colonies and end this bitterness?

He readily replied that only a few "Re's" would do it.


  • store Castle William,
  • call your Forces,
  • pair the Damage done to Boston,
  • peal your unconstitutional Acts,
  • nounce your pretensions to Tax us,
  • fund the duties you have extorted; after this
  • quire, and
  • ceive payment for the destroyed Tea, wit the voluntary grants of the Colonies, And then
  • joice in a happy
  • conciliation

Just think, if these few "Re's" might have be done we the United States of American might not exist today. Thank goodness for British stubbornness.


When we sign a document today we rarely put our lives on the line. When the men who signed the Declaration of Independence did they literally signed their lives and whatever property or money away should the War of Independence end badly for America. They put their necks in the hangman's noose should they be captured and probably the British would have sold their family into slavery or placed them in a penal colony. How many of us today would have that kind courage (guts) to do that. They knew full well what their signatures at the bottom of that page in history meant everything...including their sacred honor...something that could not be measured by monetary values. It meant the destiny of a new experiment in government...a government where the people gave the government its powers (US Constitution) and people had rights given them by God not their fellow man; this was something new and unique in the annals of human history.

How many of us would take that chance? To stand up to the world's most powerful army, Great Britain's, and say we are now free and independent from you...for these good reasons; and then back it up with their very blood if necessary. These Patriots stand in a long line of Patriots that have taken that chance, some have laid down their lives so that we, today, can celebrate that ongoing experiment in government of the people, for the people and by the people...the experiment continues. Happy Birthday America....and many more!

4th of July...USA Birthday?

Officially yes, it has been declared a holiday and our nation's birthday. Unofficially it took several more months to get the names of the needed representatives of the various colonies signed in ink on the document. They were not all in one place, Independence Hall, Philadelphia when Thomas Jefferson walked in with document in hand and signed it. In fact when the document began to circulate among the colonies for signature no one for certain was sure that nine of the colonies would in fact sign it...that is the number that was needed to make it a legal document under the Articles of Confederation. (I believe...if my memory serves me well) In the end it eventually was ratified and became an official document of the United States of America. There was a great deal of debate on the colony level whether it should be signed or not but it eventually was against all odds that were given at the time...some believed that it was signed because a higher Divine Power (God?) had changed the hearts of the men who dissented. So when you view the parades and fireworks today remember that it took a lot of time, hard work, thought, debate and according to some an act of God to make that Declaration of Independence official. Think about it today while you are having a good time.

Wednesday, July 2, 2008


After almost twenty (20) years of serving and protecting the citizens of the City of Woodstock Illinois how does the Sergeant get a simple "thanks"?.....he doesn't...he gets a complaint filed against him from the relatively new Chief of Police Robert W. Lowen Jr.who still lives in Carpentersville. It use to be if you were the Chief of a Department you not only had to live in the county but also the city; after all you, as a responsible Chief, should want to be available within minutes when duty calls. Maybe there is a different set of rules if you are this new "boss" that I don't know about...times do change. I do know that when I was on emergency room call for the two local hospitals in McHenry County I had to be available within about 20 minutes at all times...I did not always like it but duty calls and you do your responsibility to the people you serve.

In any event, this last summer on or about 29 August 2007 the Chief filed a complaint asking Woodstock's Board of Fire and Police Commissioners to fire the Sergeant because the Chief accused him of abusing prescription pain medications. No mention of the in-line of duty spinal injuries he had sustained was initially mentioned as the reason for the need for legitimate, physician prescribed pain medications. The Commissioners consisted of Ronald Giordano, Lawrence Howell, and Thomas Schroeder all of Woodstock along with an attorney hired by the City of Woodstock to act as council for the Board. The Chief through his City appointed and paid attorney Anne K.E. Brophy of the Law Firm of Zukowski, Rogers, Flood and McArdle of Crystal Lake prosecuted the Chief's complaint and took over four and one-half months(4 1/2)... that's correct, 4 1/2 months. The Chief and prosecution rested their case on Feb. 4, 2008.

I can only imagine what the legal fees amounted to for just this first part of the process and wonder if the Woodstock tax payers will ever find out the dollar cost to them.We all have seen capital cases (murder trials - criminal cases)last a lot less than this civil process (non criminal) case which was still not completed.Now you might think that it would take Sergeant Gorski's attorney Thomas Loizzo,of Woodstock, at least another four and one-half months (4 1/2) to present a defense for the Sergeant. It took attorney Loizzo a few minutes and a few sentences. Mr. Loizzo respectfully requested that the Board consider a Motion for a Directed Verdict (Decision). What this means is that Sergeant Gorski and his attorney did not present a defence against what the prosecution had presented for over 4 & 1/2 months. The Sergeant and his attorney believed that the Chief and the prosecution did not meet the burden of proof to find the Sergeant guilty of the Chief's complaint and to warrant his being fired from the Woodstock Police Force.

On February 4, 2008 the Board granted the motion for a directed finding and met privately to discuss the complaint. After several minutes they rendered there finding.The Board found unanimously (3 to 0) that the Chief failed to meet his burden to establish the guilt of the Sergeant. The Board ordered that the charges against Sergeant Gorski be dismissed and no disciplinary action was recommended whatsoever. The Board also directed that all back pay with statutory interest be paid to the Sergeant and he be reinstated when he can resume his duties. To date he has not received one penny of his back pay much less any interest. Instead the costly legal saga continues with the filing of another Complaint by the Chief, this time For Administrative Review by the 22nd Judicial Circuit of McHenry County. Named now by the Chief of Police as Defendants are all the Commissioners, Ronald Giordano, Lawrence Howell and Thomas Schroeder and now new co-defendant Sergeant Steven R. Gorski. Politics and legal tactics and the alleged inability to accept no to your request for discharge from the Police Department sure make strange bed-fellows.

The hearing will be before Judge McIntyre on July 18, 2008 in her courtroom. The Saga of Sergeant Gorski who was cleared of all charges along with his empty pocketbook and the continuing legal fees of Zukowski, Rogers,Flood and McArdle will continue in that courtroom like a never ending story. Where are the tax payers of Woodstock in this equation...nowhere to be considered by City officials it seems. I can only hope and pray and that in the end justice and truth and common sense will triumph and raw power, clout, ego and deep tax payer pockets do not prevail.


According to the U.S. Department of Labor, elaws - Section 9, dated September 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. It also sets forth consequences if the expectations are not met.

Section 9 also requires that in developing a RTWA "coordination between the employee, employer, union, Employee Assistance Program and treatment professionals" take place. It also requires that "prior notification through company policy that a RTWA would be expected as a condition of continued employment."

All of the above seems perfectly reasonable except that:

  1. It presumes that the underlying primary problem was one of an alcohol or drug nature and not one of a physical nature caused by two separate in-the-line of duty injuries to the individual involved. The first being witnessed by other individuals and the second officially documented at the time of injury.
  2. There also was no "coordination between the employee" and the other individuals mentioned in Section 9. He or his attorney were not included in any way in drawing up this so called RTWA.
  3. Prior notification that a RTWA would be necessary as a condition of his continued employment was never given before he started his relationship with the Employee Assistance Program.

The above being dully noted it also should be noted that on review of the unilaterally created document of self destruction (RTWA) that there was NO way that the Sergeant could live up to the unilaterally created document. He signed it under alleged duress from an alleged order of the Police Chief...something to the alleged affect of "sign it or you will never return to the police department". The document was a totally "loose-loose" one for the Sergeant. You judge for yourself. The agreement states in pertinent part:

"I will not use any substance containing the (named medications). I will not use any controlled substance other than that which is prescribed by a licensed physician......." this places the Sergeant in an impossible position; if he uses said medications for control of pain he is in violation of the unilateral agreement but then the agreement goes on to say that he can if prescribed by a licensed physician. This makes absolutely no sense.

I question the judgment of the people involved in this whole process of prosecution of Sergeant Steven R . Gorski. The Board of Fire and Police Commissioners found 3 to 0 in the Sergeant's favor but the Chief and the City persist in costly further litigation at the taxpayers of Woodstock's expense. When are the citizens of Woodstock going to say STOP !!! Enough already!!!!

Need A Lawyer?

Its July 2, 2008 and I'm looking for a lawyer or law firm with experience in at least two areas: 1. Prosecuting voluntary torts
2. Prosecuting various civil rights violations both towards an
individual and also towards an organization or entity that by
its actions and internal policies or lack of them foster in a
covert and in some cases an overt manner civil rights abuses
towards its employees

Looking through the Yellow Pages under Lawyers Guide does not help a lot because unlike other professionals that are certified to practice in specific areas the State of Illinois does not recognize certification or specialization in any field of law except "Patent", "Trademark" and "Admiralty" law. You have to take their word that they are good at what they say they are good at....hmmmm.

If you have any insights into individuals or firms that are really good at doing what they do please let me know. I would deeply appreciate it.