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.)

Monday, September 8, 2008


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.

1 comment:

Gus said...

The February 14, 2008 Findings and Decision of the Woodstock Board of Fire and Police Commissioners (BOFPC) is now a public document, but you'd never know it. This is the document that exonerates Sgt. Gorski and directs the City to pay him all his back pay.

Why isn't the BOFPC pounding on the City Manager's desk and insisting that the City pay Sgt. Gorski?

The Findings and Decision document should be mentioned in the Minutes of the BOFPC. In fact, there weren't even Minutes of the many Special Meetings of the BOFPC until I asked the City to have them created.

The City Attorney's opinion is that it is a public document and anyone is free to go to City Hall and read it. He advises the City that the City is not required to publicize its existence.

OK, the $64,000 question is, if you don't know it exists, how do you know to go to City Hall and read it?

Although the City is not required to publicize its existence, it is not prohibited from doing so.

What kind of stupid game is being played in Woodstock?

My guess is that no "hearing" will occur in October. There will be more "lawyering", more time-wasting, legal maneuvering and fancy footwork, driving up legal bills of the City and for Sgt. Gorski.

Every City employee should be aware that these same tactics might someday be used against them. That ought to improve morale.

If you think the City should honor the decision of its own BOFPC, then speak out. Call and email City Manager Tim Clifton. Call and email the members of the City Council. Come to the September 16 City Council meeting and speak out in public!