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 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.

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.

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.