GEORGE WASHINGTON STATED

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



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

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

The Second Amendment of the U.S. Constitution

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

The First Amendment of the U.S. Constitution

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

Abraham Lincoln said:

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

James Madison Declared

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

Saturday, October 18, 2008

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.

1 comment:

Gus said...

In tight economic times, one would think that a City Council and Mayor would not engage in extended malingering and actions detrimental to a long-time City employee and, by example, to claims that might be made by other employees in the future.

It's hard to know if the City Manager recommended this course to the Mayor and City Council, or if the City Council and Mayor have instructed the City Manager to pursue it. It could be that Tim Clifton is just stuck in the middle.

Every citizen in Woodstock should be outraged at the disregard by the City of the important February 14 Findings and Decision by the 3-man Board of Fire and Police Commissioners. The Board found in Sgt. Gorski's favor and directed the police chief and the City to pay all his back wages. It has not!

By this delay is it attempting to bankrupt a 19-year employee?