HomeMy WebLinkAboutFIRE & POLICE COMMISSION - 10/23/1995 - INCLUDES PUBLIC HEARING/PATRICK HAYES MINUTES OF THE REGULAR MEETING
THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF ELK GROVE VILLAGE
HELD ON October 23, 1995
Chairman Gayle B. Bantner called the meeting to order at 8:00 p.m.
in the Charles J. Zettek Municipal Building, 901 Wellington Avenue, Elk
Grove Village, and noted for the record that the following were
present; Alan J. Shapiro, DDS, Gayle B. Bantner and Ted E. Thompson.
It was moved by Ted Thompson and seconded by Dr. Shapiro that
the minutes of September 20, 1995 be approved as submitted and that the
Board dispense with the reading thereof. The motion was voted upon by
acclamation; whereupon the Chairman declared the motion carried.
A public hearing was conducted by the Fire and Police Commission,
see attached transcriDt.
PRESENTATION AND APPROVAL OF INVOICES
NO Bills
EXECUTIVE SESSION
Commissioners convened for an Executive Session to discuss police
matters.
The regular meeting was reconvened.
-NEW BUSINESS
Police Eligibility List is expiring on October 26, 1995, will have
to begin preparations for testing in the spring of 1996. Setting up
times for six month and one year probationary reviews for November 27,
1995.
CORRESPONDENCE
1. Written Reprimand was issued on September 21, 1995 by the Chief of
Police to an Officer for failure to appear in court when required
or scheduled.
2. Written Reprimand was issued on September 27, 1995 by the Chief of
Police to an Officer for failure to appear in court when required
or scheduled.
3. Written Reprimand was issued on October 2, 1995 by the Chief of
Police to an Officer for failure to be prompt for duty assignment,
including roll call and court appearance.
4. written Reprimand was issued on October 4, 1995 by the chief of
Police to an Officer for failure to perform a duty.
5. written Reprimand was issued on October 11, 1995 by the Chief of
Police to an Officer for incompetency or inefficiency in the
performance of duty.
6. Notice of Suspension was issued on September 27, 1995 by the chief
of Police to an Officer for one(1) day for failure to be prompt for
duty assignment, including roll call and court appearance.
7. Memo to the Board of Fire and Police from Officer Greenberg,
requesting a response from his memo dated June 13, 1995.
8. Four newspaper articles on Elk Grove Officer suspended after arrest
in Michigan.
9. Letter from Mrs. Irene R. Omelusik to Fire and Police Commissioners
voicing her support for the Officer who was suspended after his
arrest in Michigan
10. Copy of memo from Fire Chief James D. MacArthur to Gary E. Parrin,
Village Manager asking to give approval to the Fire and Police
Commission to fill two vacancies in the Fire Department.
OLD BUSINESS
None
PENDING
None
Next meeting is scheduled November 27, 1995, at the Charles J.
Zettek Municipal Building, 901 Wellington Avenue at 8:00 p.m.
ADJOURNMENT
It was moved by Dr. Shapiro and seconded by Ted Thompson that the
meeting be adjourned. The motion was voted upon by acclamation;
whereupon the Chairman declared the motion carried and the meeting
adjourned at 9:30 p.m.
Respectfully submitted,
Alan J Shap' o, DDS
Secretary
el
C. Village Clerk
I STATE OF ILLINOIS > RECEIVED
2 ) SS DEC 041995
3 COUNTY OF C O O K ) FIRE / POLICE
COMMISSION
4
5 BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS
6 OF THE VILLAGE OF ELK GROVE VILLAGE , ILLINOIS
7
8 IN THE MATTER OF THE CHARGES )
9 AGAINST PATRICK HAYES , PATROLMAN ) No . 1995- 1
10 OF THE POLICE DEPARTMENT OF THE )
11 VILLAGE OF ELK GROVE VILLAGE )
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13
C14 REPORT OF PROCEEDINGS at the hearing of
15 the above-entitled cause before the Board of Fire
16 and Police Commissioners of Elk Grove Village on
17 the 23rd day of October 1995 at the hour of 8 : 00
18 o ' clock p . m .
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22 REPORTED BY : MARY KAY CHAPAS
23 LICENSE NO : 084 -002248
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1 PRESENT :
C2 COMMISSIONER GALE BANTNER
3 COMMISSIONER ALAN SHAPIRO
4 COMMISSIONER TED THOMPSON
5 MR . PETER FELICE
6 MR . GEORGE KNICKERBOCKER
7 MR . JOE MAZZONE
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1 COMMISSIONER BANTNER: Meeting of the Board of
(\ 2 Fire and Police Commissioners of the Village of Elk
3 Grove Village will please come to order .
4 Let the record show that Commissioner Ted
5 Thompson , Dr . Alan Shapiro and Gale Bantner are all
6 present being all the commissioners .
7 Board is represented by Peter Felice ,
8 Attorney At Law of 7939 West Ogden Avenue , Lyons ,
9 Illinois .
10 Meeting is called for the purpose of
11 hearing charges filed against Patrick Hayes , a
12 member of the Police Department of the Village of
C 13 Elk Grove Village , Illinois charged in the
14 violation of rules set forth in the complaint of
15 the rules and regulations of the Police Department
16 of the Village of Elk Grove Village , Illinois .
17 Are both parties involved in this matter
18 present in person?
19 MR . KNICKERBOCKER : Yes , Mr . Chairman .
20 For the record , my name is George
21 Knickerbocker .
22 I am village attorney . I represent the
23 Chief of Police Fred Engelbrecht who is here
24 tonight .
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I MR . MAZZONE : I am here , Joe Mazzone ,
2 M-A-Z-Z -O-N-E , of the Schenk law firm, Joliet ,
3 Illinois on behalf of Officer Hayes who is also
4 present in person .
5 COMMISSIONER BANTNER : Has the respondent
6 acknowledged receipt of the copy of the charges and
7 notice of the hearing?
8 MR . MAZZONE : We acknowledge receipt of the
9 charges and a notice and waived the formal
10 reading .
11 I have spoken with counsel for the Chief
12 concerning the proceedings this evening, and I
13 believe that we have an agreement to present to the
14 Board .
15 Do you want to hear about it?
16 COMMISSIONER BANTNER : Yes .
17 MR . MAZZONE : All right . The motion is to
18 suspend Officer Hayes from this night forward
19 without pay pending the hearing and the City
20 hearing sometime between the 15th and 23rd of
21 November , and that would be by agreement .
22 I will tell the Board that I had when I
23 walked in this room, I asked the Chief for
24 permission for this officer to work while on
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I suspended leave , nonpay leave , and that matter will
2 be resolved hopefully in the next couple days .
3 CHIEF ENGELBRECHT : Tomorrow .
4 MR . MAZZONE : Tomorrow, yes , sir , that is
5 fine .
6 So I guess the Board would enter an order
7 this evening suspending the officer without pay
8 pending the hearing on the charges and set a date
9 for the hearing .
10 MR . FELICE : So the record is straight , that is
it by mutual agreement , suspension without pay pending
12 the final outcome of the decision on the charges ?
C13 MR . MAZZONE : Well , there is a motion , and
14 there is no objection to the motion .
15 I don ' t want to agree to suspend a police
16 officer without pay .
17 MR . FELICE : No objection by the motion .
18 MR . MAZZONE : I believe if you heard the facts ,
19 you would allow that motion .
20 That is why we are not objecting .
21 MR . FELICE : No objection to the motion .
22 Action has to be taken on the written
23 motion that has been filed this evening .
24 MR . KNICKERBOCKER : That ' s correct .
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1 MR . FELICE : Just so the record is clear, the
2 motion and charges were filed this evening for any
3 time in the future , today being the 23rd .
4 MR . KNICKERBOCKER: For the record , counsel , I
5 should formally request leave to file .
6 MR . FELICE : Yes , that ' s correct .
7 We have received it this evening for the
8 record , Mr . Mazzone .
9 If you want to make that , George .
10 MR . KNICKERBOCKER : Yes , I would request that
11 the Commission grant leave to the Chief Of Police
12 to file the complaint which I have previously faxed
13 to your attorney and hereby submit formally
A tonight .
15 COMMISSIONER BANTNER : Board will accept the
16 charges .
17 MR . FELICE : On the motion to suspend without
18 pay .
19 MR . KNICKERBOCKER : Then I would make the
20 motion that is attached to the complaint according
21 to the terms of the motion .
22 COMMISSIONER SHAPIRO : I move that the Board
23 accept the motion to suspend without pay , and
24 seeing there is no objection to the motion .
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1 MR . THOMPSON : Second .
2 COMMISSIONER BANTNER : All in favor?
3 COMMISSIONER THOMPSON : Aye .
4 COMMISSIONER SHAPIRO : Aye .
5 COMMISSIONER BANTNER : Motion accepted .
6 MR . MAZZONE : For the record, the position of
7 the officer would be if evidence were presented in
8 support of the motion , it is my opinion that the
9 Board would allow it , therefore , there is no
10 objection .
11 MR . FELICE : Okay .
12 COMMISSIONER BANTNER : Fine .
13 MR . KNICKERBOCKER : Actually, for the record ,
14 the Village would be requesting for a hearing date ,
15 and I agree with counsel , time period that we
16 talked about is somewhere at the Board ' s
17 convenience between the 15th and 22nd is within the
18 30 day period .
19 MR . FELICE : Just a moment . I have to get my
20 calendar .
21 ( Whereupon , a brief pause
22 was had in the proceedings . )
23 COMMISSIONER BANTNER : We will set the meeting
24 for Monday, November 20th at 7 : 00 p . m .
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C1 MR . KNICKERBOCKER : I have nothing further to
2 present the Commission in this regard .
3 MR . FELICE : Is there going to be any question
4 about discovery or anything like that we have to be
5 concerned with?
6 MR . MAZZONE : No . I think , and let me inform
7 the Board that counsel and I will be getting
8 together right after the first of the month ,
9 because there are some events that may effect this
10 hearing .
11 If there are problems with discovery , we
12 would know that before the 10th of November I would
13 imagine .
14 MR . KNICKERBOCKER : There won ' t be any
15 problems .
16 MR. FELICE : If there are , you will contact
17 me?
18 MR . KNICKERBOCKER : Correct .
19 MR . MAZZONE : That is fine .
20 MR . FELICE : Fine .
21 COMMISSIONER BANTNER : If there isn' t anything
22 else , the meeting will be recessed until November
23 20th .
24 MR . MAZZONE : 7 : 00 p . m. ?
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I COMMISSIONER BANTNER : 7 : 00 p . r
2 MR . MAZZONE : Gentlemen , thank
3 time .
4 (Whereupon , the heari
5 above-entitled cause
6 November 20th , 1995 E
7 p . m . )
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` 1 STATE OF ILLINOIS )
[\ 2 ) SS :
3 COUNTY OF C O O K )
4 Mary Kay Chapas , being first duly sworn , on
5 oath says that she is a court reporter doing
6 business in the City of Chicago ; and she reported
7 in shorthand the testimony given in the hearing of
8 said cause , and that the foregoing is a true and
9 correct transcript of her shorthand notes so taken
10 as afore-said .
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14 CSR
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16 SUBSCRIBED AND SWORN TO
17 before me this day
18 of _ _ �, A . D . , 1995 .
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21 Notary Public
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