HomeMy WebLinkAboutFIRE & POLICE COMMISSION - 04/16/2001 - APPEAL OF SUSPENSION/CAPPARELLI Date: April 23, 2001
TO: Mayor P'E"IyLrD
Board of Trustees APR 2 3 2001
Village Clerk
Village Manager VILLAGE CLERK'S OFFICE
Human Resources Officer
Director of Finance
Chief of Police
Village Attorney
FROM: �Az A,,&,,�
Gayle lYantner, Chairman—Fire & Police Commission
SUBJECT: Findings & Decision
GB/dw
BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
IN THE MATTER OF THE APPEAL OF )
THE SUSPENSION AGAINST CLAUDIA)
CAPPARELLI , POLICE OFFICER OF )
THE POLICE DEPARTMENT OF THE )
VILLAGE OF ELK GROVE VILLAGE )
FINDINGS AND DECISION
THIS MATTER COMES ON to be heard by the undersigned Board of Fire and Police
Commissioners of the Village of Elk Grove Village, Illinois, upon the filing of an appeal of an Order
of Suspension against Police Officer CLAUDIA CAPPARELLI (hereinafter referred to as
"Respondent'), by Police Chief STEPHEN F. SCHMIDT (hereinafter referred to as
"Complainant'), wherein said Respondent was charged with violating certain rules and regulations
of the Elk Grove Village Police Department. A copy of said SUSPENSION is incorporated herein
by reference. This Board commenced a public hearing on said appeal on April 16, 2001 by agreement
of all, and this Board having heard and reviewed the testimony and other evidence presented at
said hearings, and after due deliberation and being fully advised in the premises, FINDS:
1. Respondent was at all times mentioned herein and pertaining hereto a police officer of the
Police Department of the Village of Elk Grove Village, Illinois, assigned to duties as a patrol officer.
2. The Complainant filed the Order of Suspension against the Respondent herein alleging
misconduct and various violations of the rules and regulations of the Elk Grove Village Police
Department on the dates and as specified in the subject Order of Suspension which have been
incorporated herein. The substance of said Suspension being:
1) That, to wit, on February 28, 2001 Police Officer Claudia Capparelli did then and there;
During an informal inquiry, she failed to be truthful to her supervisors when question about
conduct while interacting with a citizen on February 24, 2001 who subsequently filed a
citizen's complaint against her.
Police Officer Claudia Capparelli thereby violated the Rules and Regulations of the Elk Grove
Village Police Department as follows:
Section 26. 1.1A Rules of Conduct
Rule 2. Any action or conduct which impedes the Department's efforts to achieve its
goals or brings discredit upon the Department.
Rule 14. Making a false report, written or oral.
3. This Board has jurisdiction of the subject matter of said Appeal of Suspension and the persons
of the parties hereto.
4. All notices of said hearing were served and acknowledged by all parties.
5. Throughout the hearings, both the Respondent and Complainant appeared in person and were
represented by legal counsel of their own selection.
6. With respect to the allegations of misconduct specified in the Notice of Suspension, the
record shows and WE FIND::
a) That on February 24, 2001, the Respondent did use profanity while interacting with a
member of the public.
b) That the gist of the Order of Suspension was the failure of the Respondent to be candid
and truthful in her report to her supervisor regarding her use of profanity while interacting
with a citizen.
c) This Board recognizes the importance of its police officers to be truthful and honest and
that Rule 14 must be strictly adhered to. However, we are not convinced that Respondent's
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failure to be specific regarding her use of profanity to be such a violation of the Rules to
require a suspension. The Respondent's own testimony was that she might have used
profanity during her interaction with a member of the public during an agitated situation.
d) The failure of the alleged victim to testify as to what did or did not occur, and its impact
on him, mitigates his citizen complaint and the use of profanity by the Respondent.
e) Given the totality of the circumstances of the February 24, 2001 incident and of the
inquiry by the Respondent of the citizen, the absence of any prior verbal warnings or written
reprimands concerning the Respondent's professional conduct and interaction with the
public, we reverse the one day Order of Suspension.
THEREFORE, IT IS HEREBY ORDERED that the Respondent's One Day Order of Suspension
be reversed . The Chief of Police and other appropriate Village personnel are hereby directed to
implement this Order forthwith.
This is a final administrative decision, and any action to review it must be commenced by the
filing of a Complaint and the issuance of Summons within thirty-five (35) days from the date
that a copy of this decision sought to be reviewed is served upon the party affected thereby. See
Illinois Administrative Review Act.
Signed this Lp Lday of At L 2001, at Elk Grove Village.
BOARD OF FIRE & POLICE COMMISSIONERS
VILLAGE OF ELK GROVE VILLAGE
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NER hairman
H. ROBERT GOLDSMITH, Commissioner
AL J. SH IRO,DDS., Secretary
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