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To Define or Not to Define by fdh56iuoui

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									Metropolitan Alliance of Police                                                                            Spring 2007


To Define or Not to Define
By: Joseph Andalina
We all know how difficult it can be to      sector, so you must monitor them all      Table of Contents
negotiate a contract with your em-        carefully.
ployer. But do you realize that many                                                Chaplain’s Corner ................ 2
                                          Recently the Chicago Tribune printed
politicians and PD brass are working                                                Chief ’s Follies ...................... 3
                                          a story involving the at that time
to minimize contract gains and ben-
efits, ultimately destroying workers’
                                          Cook County president Bobbie Steele       Elections .............................. 3
                                          and the pension she just received.
rights? They want to take the wreck-                                                Legislative Corner ............... 4
                                          Appointed to the top spot from
ing ball to public service benefits,                                                 Member News ..................... 8
                                          her commissioner post, (which pays
putting at risk affordable health care,
                                          significantly less than the president’s    Thomas Cook Benefit...........9
retirement, and your pension.
                                          post) she opted out of going back as a
If they could, your defined pension        commissioner now that a new presi-        IAD Procedures ................. 11
benefit, which guarantees you a pen-       dent has been elected and she decided     Case Law Review .............. 12
sion at age 50 with 20 years of service   to retire. The point here is that by
would disappear and be replaced by a      retiring as the president of the Cook     Letters from Members.......13
defined contribution.                      County Board, she is going to haul        Golf Outing ...................... 15
                                          in a much bigger retirement package.
Simply, it means that whatever you                                                  Contract Corner ................ 15
                                          She says that by law she is entitled to
put into your pension during your
                                          take the higher pension even though
length of service and how you invest                                                those individuals who actually put
                                          she was an appointed president for
it at age 50 with 20 years in the barn                                              in their time in a position. But this
                                          just four months. The law says your
is what you would get when you                                                      has all the trappings of just another
                                          pension is based on your salary on the
retire. So if you put your money in an                                              political perk in this incident. But
                                          last day of your employment. Nor-
Enron type investment, guess what,                                                  I guess it’s okay because she’s the
                                          mally this is a good deal intended for
Charlie Brown? You just lost it. Gone.                                              boss—right?
Since we don’t know the ethical stan-
dards of many stock market advisors                                                 It is not unheard of for chiefs, like the
such as “Grabbit & Run,” we are at                                                  dude in Schaumburg, to retire from
their mercy when investing our own                                                  the PD and then get his old job back
pensions.                                                                           under a different title. This means he
                                                                                    can pull in not only his pension, but a
Terminator 1, 2 and 3 (otherwise                                                    new chief ’s or “director of something
known as the “Governator”) tried                                                    or other” salary added to his retire-
to implement this sort of program                                                   ment. But I guess it’s okay because
in California. The unions beat him                                                  he’s the chief. How many grunts are
down. Are we strong enough to do                                                    getting these sweet deals or spikes
this in Illinois, because the idea has                                              in their salaries the day before they
been floated in Springfield by various                                                retire? None that I know of.
politicians? MAP has fought against
these bills in Illinois in the past.                                                Double dipping? Doesn’t sound too
Are other unions doing the same?                                                    ethical to me either, for Bobbie Steele
Big business and big deals pervade                                                  or Chief Whatshisname, but it’s legal.
government just like in the private                                                 So in response to the Steele incident,

                                                                                                        Continued on page 6
                                     Chaplain’s Corner
                                     By: Chaplain Tom Ross
                                                                Happy Spring (AL-          To be in your children’s memories tomorrow,
                                                                MOST!) Not a bad           you have to be in their lives today.
Metropolitan                                                    winter overall, for
                                                                                           The smartest advice on raising children is to
Alliance of Police                                              Chicago! Since our
                                                                                           enjoy them while they are still on your side.
684 W. Boughton Road                                            last newsletter, MAP
Suite 204                                                       experienced the            The best way to keep kids at home is to give
Bolingbrook, IL 60440                                           tragic loss of Metra       it a loving atmosphere—and hide the keys to
630/759-4925                                                    Officer Tom Cook,            the car.
630/759-1902 - fax                                              killed on duty last        The right temperature in a home is main-
E-mail: mapunion@msn.com             September 27th. In the midst of that horrible         tained by warm hearts, not by hot heads.
map.legal@sbcglobal.net              loss, you should know that your MAP union
www.mapunion.org                     was there, present to the family and coworkers        Parents: People who bear infants, bore teenag-
                                     that night and the days after. That is just one       ers, and board newlyweds.
Executive Board                      of the things MAP does for its members and            The joy of motherhood: What a woman expe-
Joseph Andalina          President   their families. We continue to remember the           riences when all the children are finally in bed.
Keith George        Vice President   Cook family as they move their life forward.
                         Treasurer   We will remember Tom and all others who               Life’s golden age is when the kids are too old
Richard Tracy            Secretary   have given their lives in service in May as we        to need baby-sitters and too young to borrow
                                     attend Police Memorial services in our com-           the family car.
Board of Directors                   munities.
Joseph Brankin    Bolingbrook
                                                                                           A child outgrows your lap, but never outgrows
                                     So from the days of winter we get ready to go         your heart.
Andrew Diakoumis     CCDOC
Barry Jackson   CCSPD, retired       full throttle into the family activities of spring.   God gave you two ears and one mouth.... so
Michael O’Brien    New Lenox
                                     Baseball is just around the corner and our            you should listen twice as much as you talk.
                                     family schedules will again be put to the test.
Raymond Violetto Tinley Park                                                               Adolescence is the age when children try to
                                     As we push the limits of what is possible to
                                                                                           bring up their parents.
General Counsel                      attend with all the schedules, do not forget to
Joseph Mazzone                       take some family time—dinner together, quiet          Cleaning your house while your kids are at
                                     time without TV, video, iPODS, cell phones,           home is like trying to shovel the driveway
Additional Counsel                   etc, etc.                                             during a snowstorm.
Richard Reimer                       I found this article about parenthood that is         Oh, to be only half as wonderful as my child
Thomas Radja Jr                      worthy of our review. Sometimes in the midst          thought I was when he was small, and half as
Chris Potthoff                        of the hectic days, we may forget or miss some        stupid as my teenager now thinks I am.
Jerry Marzullo                       of the lighter side of being parents. So some
David Wysopal                        thoughts that might seem familiar. ENJOY.             Adolescence is the age at which children stop
Steven Calcaterra
                                                                                           asking questions because they know all the
                                     Stay safe, enjoy some time off. Thanks for             answers.
Ronald Cicinelli                     what you do for us.
                                                                                           No wonder kids are confused today. Half the
Legal Advisor                        Peace and God Bless                                   adults tell them to find themselves; the other
Jeffery Ortinau                                                                             half tells them to get lost.
                                     Parenthood
                                     If it was going to be easy, it never would have       Kids really brighten a household; they never
Spring 2007
                                     started with something called labor!                  turn off any lights.

                                     Shouting to make your children obey is like           [Author unknown]
                                     using the horn to steer your car, and you get
                                     about the same results.




Page 2                                                                                                         The Rap Sheet Spring 2007
                                                                                                      Elections
Chief’s Follies
By: Joseph Andalina
This month’s selections include some bizarre       barbeque. At                                       Winfield
behavior by the heavyweights who call them-        the end of this                                    MAP ......................... 15
selves “chiefs.” We also have new local entries,   grueling in-
illustrating a never-ending supply of leaders      ternal of who                                      No union ..................... 0
who go out of their way to appear in our highly    authorized the                                     MAP WINS!
rated column.                                      cooking of hot
                                                   dogs and brats                                     South Barrington
#1 Andy in Wonderland:                             at the PD,                                         MAP ......................... 10
Part I — Grillgate                                 the lieutenant
                                                                                                      No union ......................0
                                                   recommended
With morale reported at an all time low in         written reprimands.                                MAP WINS!
Romeoville, a sergeant on a beautiful sunny
                                                   But the head sausage, who was “chillin’” on
day last spring noticed that he had a full
                                                   the grillin’” said no, no, no, to the reprimand.
compliment of bodies on his shift. No one
                                                   He wanted someone to be, well, “basted over
called in sick due to health or mental prob-
                                                   the coals” regarding this outdoor luncheon.
lems, and so in appreciation for all the hard
                                                   Either he found out that someone actually
work his shift had accomplished, a barbeque
                                                   put ketchup on a Chicago-style hot dog, or
was set for that evening at the PD.
                                                   because he wasn’t invited to the “Grilling
Another sergeant popped for all the supplies       with Bobby Flay” party, against the wishes
and the officers were told that if the shift got     of everyone, two sergeants received one-day
busy, the cook-out would be cancelled. If you      suspensions for neglect of duty.
got a call, you had to go as they would be
                                                   The big cheese opined that these two fine
considered “10-6” (in-service) while “man-
                                                   supervisors effectively “shut-down” the opera-
giano” (eating).
                                                   tion of the police department for an hour
A small grill was set up at the barn and vari-     because cops and dispatchers were eating
ous officers and others grabbed some chow            together, like in the Last Supper, but without
when not on any calls. Sergeants, officers,          the wine. (Note—there is no evidence that
and dispatchers all took part of the repast        the PD was in reality shut down, but chiefs
and felt appreciated for this small morale-        do think that way, or do they make this stuff
boosting cook-out. No calls for service went       up?)
unanswered and the area was policed clean.
                                                   It was also stated that officers should have
Well, not completely as the grill was left out     been rotated through the barbeque instead
and later spotted by the eagle-eyed chief. The     of all coming in at once. It was also learned
chief, who apparently does not like cook-          that a patrol officer (who are all banned from
outs, ordered a lieutenant to look into the        being in dispatch) sat with a dispatcher in the
matter.                                            radio room to ensure calls were not stacked.
                                                   (We all know how chiefs do not like a patrol
After speaking to some of the organizers of
                                                   officer to sit with a dispatcher, don’t we— es-
the barbeque, the information was relayed
                                                   pecially if they like each other.) The police
to the big boy, who subsequently initiated a
                                                   and fire commission, who obviously were not
full-out internal investigation of the cook-
                                                   invited to the cookout either, sided with the
out.
                                                   chief on this one and supported the time off.
The department internal security (or spy)
                                                   We at MAP think advising the good-deed-
system, called “rapid eye” was utilized to doc-
                                                   doers on how the next cookout should be
ument a minute by minute account of this
                                                                            Continued on page 5



Metropolitan Alliance of Police                                                                                                Page 3
Legislative Corner
by Joseph Andalina

                           I  t’s a new
                              general
                          assembly in
                                             ing arbitration for contract impasse and
                                             disputes. Makes no sense to us here at
                                             MAP, since most public employees can’t
                                                                                            binding arbitration at impasse, rather
                                                                                            than the right to strike. Again, if I’m
                                                                                            wrong, please let me know.
                          Illinois for       strike, nor do they wish to do so, as it
                                                                                            We will be contacting all of our emer-
                          2007. The          only hurts the citizenry.
                                                                                            gency support staff shortly for a letter
                          95th to be ex-
                                             AFSCME, when asked, could not or               writing campaign to inform our legisla-
                          act, and with
                                             would not provide any information on           tors that this is a legislative benefit that
                          this legislative
                                             how many of their units have been led          you want, need, and will support. Check
                          session, MAP
                                             on a strike in the public employee sector      our website for future announcements on
                          has intro-
                                             by their locals. I feel that they avoided      this issue.
duced three new Senate bills.
                                             answering because they probably haven’t
The first is SB1301, sponsored by Senator     had any strikes by telecommunicators in
John Cullerton and John Millner, which       Illinois.                                      MAP has also introduced two bills to
will amend the Illinois Public Labor                                                        benefit our members at the Cook County
                                             So we feel it’s about the money; they
Relations Act to provide binding contract                                                   Department of Corrections. SB1152 will
                                             don’t want to pony up the dough it takes
arbitration for emergency support staff.                                                     provide benefits to any county correc-
                                             to go to arbitration. Maybe they like their
As you know, this bill was introduced last                                                  tional officer who suffers a heart attack or
                                             units to be in a “take it or leave it” mode.
year. While AFSCME and the AFL-                                                             stroke as a result of the performance of
                                             Everyone pretty much knows that civil-
CIO tried to kill this bill early, MAP and                                                  duties.
                                             ian support personnel are not going to
our supporters successfully had the bill                                                    SB1153 will provide annuity benefits
                                             strike. Six or seven people in a unit would
passed out of committee and brought out                                                     (pension) to county correctional officers
                                             surely lose their jobs, so therefore they
just short of the Fall Veto Session.                                                        equal to that of county sheriff officers.
                                             are forced to take the employer’s offer
AFSCME and the AFL-CIO were able             without a fight. Maybe AFSCME likes it          Both bills were sponsored by State Sena-
to get our bill pushed aside for their own   that way.                                      tor John Millner.
selfish reasons. They told us they want
                                             If I’m wrong here, kindly let me know.         More information to follow in updates
their police and other dispatch groups to
                                             I’m willing to bet that you, the civilian      on our website.
be able to “strike” rather than have bind-
                                             emergency personnel, would rather have



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Page 4                                                                                                     The Rap Sheet Spring 2007
Chief’s Follies
Continued from page 3
conducted would have been the proper         guys, bravo. The officer’s name who            thinks that the only
thing to do by the chief. But alas, he       passed away will be omitted here out         way you can learn
found it necessary to take a positive and    of respect for him. His fellow officers        to enjoy backdoor
make it a negative. We see that all too      should know that we feel that they hon-      sex is by going to
often.                                       ored him appropriately. They made the        prison.
                                             uniform he was wearing as he was laid
We have also learned that he is contem-
                                             to rest mean something.
plating banning all references to the Iron                                                #3 And Justice for
Chef and the Food Network in general         The sad thing here is that the chief and     Justice
when on any property of the Romeoville       this policeman started within a year of
Police Department. No more tea parties       each other in 1972 and 1973. You would
at the PD when the Mad Hatter is in          think that working together for 30 years     A recent news blurb tells us that the ex-
charge, either.                              (among the mud, the blood, and the           mayor of Justice just got three years in
                                             beer) and that three short years after       the joint for bankruptcy fraud and was
                                             retirement that one would succumb to         ordered to make $58,000 in restitution.
Part II: There will be no                    such an insidious and devastating disease    You have to wonder if a couple of other
more saluting                                that the top brass would find somewhere       current mayors will be wearing pin-
                                             in their hearts the decency of giving this   stripes this time next year.
                                             good man his final goodbye by a respect-
Now this is just stupid. But stupid is as
                                             ful salute. Sad.
stupid does, I guess.
                                                                                          #4 Shocking, isn’t it?
Back in September, a detective-sergeant
at Romeoville with 30 years on the job       More next time with Andy in Wonder-          A recent federal lawsuit between a
passed away of cancer-related compli-        land.                                        police employee and the county sheriff
cations. He had just retired three years                                                  adds a bizarre moment to our Chief ’s
earlier and was not quite 55-years old.      #2 If you can’t use it,                      Follies.
This fine police officer was laid out at        resell it                                    An employee, Jo Dean Nuchols, sued
the wake in full dress uniform. As fellow                                                 her boss, Sheriff James Berrone of
officers were lining up outside the chapel     In Roanoke, VA, the sheriff and other         Blount Couty, TN.
in order of rank, an officer asked if they     officers in his evil cabal were recently
should salute at the casket. The com-        charged in a scheme to resell drugs          She sued him for substantive due
mander-in-chief belted out no! There         seized from criminals.                       process, which means that a public
will be no saluting. Everyone started                                                     employee can sue an employer when
                                             Henry County Sheriff H. Franklin              denied employment in a manner which
murmuring why not, and confusion
                                             Canell was quoted by investigators as        “shocks the conscience of the court.”
spread if saluting was reserved only for
                                             saying the only way to acquire wealth
ex-military police officers or line of duty                                                 Apparently the chief ’s behavior to-
                                             is to “be a little crooked and not get
deaths.                                                                                            wards his employee led to
                                             caught.”
Well, I personally have been to a few fu-                                                          the suit when he fired her
                                             Well, after eight years                               for speaking to his wife over
nerals for police officers for line of duty
                                             of selling cocaine,                                   something he was doing.
and other deaths. I’ve seen saluting at
                                             steroids, Mary Jane, and                              What, pray tell, could that
all these funerals and have never heard
                                             other drugs confiscated                                be? Simple. The sheriff was
anyone prohibit the act, or condemn this
                                             by the department and                                 alleged to be having sex with
very moving form of respect to a fallen
                                             resold to the public,                                 another female subordinate
colleague.
                                             these guys did get                                    in the sheriff ’s department
Well, I’m happy to report that a major-      caught.                                               who was not his wife. Yep,
ity of the officers saluted anyway. Bravo,                                                           hard to believe, isn’t it, those
                                             No word if the Sheriff
                                                                                                             Continued on page 7


Metropolitan Alliance of Police                                                                                             Page 5
Define or not define
Continued from page 1
a Trib columnist calls for the abolish-      out all of the above negatives in our           Is this particular newsman’s suggestion
ment of all public sector pensions and       job. It evens out the financial playing          to just give you a 401(k) going to fix the
suggests or advocates that all public em-    field for the poor pay that a majority of        problem or just ultimately screw over
ployees get a 401(k) and invest their own    us receive. And contrary to what many           cops, firemen, and teachers? The dia-
money. No more guaranteed 50 percent         people believe, the pay for police, and         logue is starting to overhaul your pen-
of salary as a retirement benefit for all     especially correctional officers, is still        sion and it won’t be a good renovation.
of us honest public employee grunts          crappy in most agencies.                        Three states: Indiana, Kentucky, and
who put in our 20 years and got to the
                                             It is a positive thing to do for public         Missouri, had their governors destroy
ripe old age of 50. With this sugges-
                                             service employees who far and away              and eliminate collective bargaining for
tion, there is no guarantee of a specific
                                             give much to their communities. The             their state employees upon their election
pension and minimum age to collect.
                                                                  politicians and big        last year, on their very first days in office.
You could conceivably
                                                                  brass may benefit           Our pension benefits could be next in
never gain a serviceable
                                                                  from many of the           many states.
pension, allowing you
                                                                  shenanigans involving      You must be aware of this openly hostile
to leave at age 50 with
                                                                  pensions, but most of      attack on your job. Big businesses are
20 years of service. You
                                                                  us just do our 25-30       raking in the cash while cutting health
could be 60 or 65 and
                                                                  years and receive the      insurance, pensions, and other benefits
still have nothing.
                                                                  pension we deserve.        for private workers. Governments are
This is nothing more                                              No spikes in pay on        making the dough, too, but crying poor
than an appeal for the                                            the last day of service,   mouth. They would like to do the same
deferred benefit that “Ah-                                         no consulting job, no      in the public sector. Look at DuPage
nold” in California tried                                         double dipping for         County for example. They have a $470
to force-feed to unions,                                          me—how about you?          million budget, but are seeking more
and which seems to be                                             I didn’t think so.         than $2.5 million in additional taxes.
cropping up in the press
                                                                  Some of these me-          They want less operational spending
and late night newscasts. Lots of people
                                             dia types and our employers would be            and want to lay off 60 workers. There
are jumping on the bandwagon to take
                                             happy to see your guaranteed pension            will be reductions in all department and
your time-honored defined benefit
                                             taken away. Why—so they don’t have to           programs, but essential services will be
retirement from you.
                                             pay into it with taxpayer’s money. Not          retained at reduced levels. (What kind of
So when the press buys into this mess,       that many pay the maximum anyway.               double speak is that? Just how are essen-
we have a problem, brother. Typical now      Many municipalities have found ways             tial services retained at reduced levels?
of the rich and conservative, and the far    to reduce the matching benefit that you          Oh, I forgot, you do much more work
left to try to take away our middle class    pay into. Just because your employer            for the same pay you got last year.)
pensions. Wouldn’t it be better to go        reduces their allotment or borrows on it        No new programs, less grant funding
after those who abuse the system? Or is      to pay their city or state bills, is that our   and get this—no cost of living raises for
it necessary that they throw out the baby    fault? No, but it’s a quick fix for mu-          employees! Has the DuPage County
with the bathwater?                          nicipal or state problems. It is also a PR      Board volunteered to reduce some of
This is just shameful. These reporters       gimmick. They can tell voters how they          their six-figure wages? Anyone? Any-
care nothing about your retirement. That     have reduced their taxes by eliminat-           one? I think not. As a matter of fact,
you would sacrifice your life if necessary    ing pension contributions. Think most           they all raised their pay. The sheriff him-
seems to fall on deaf ears. That you work    people will care? Think again when it’s         self got a $15K pay raise while we fight
shift work—the constant change mess-         the old “reduce your taxes” or “pay for         for equitable raises for his employees.
ing up your health is unimportant.           the coppers’ pension.” And, of course, a        Well, those employees who are members
                                             lot of the press are just plain jealous of      of MAP will certainly be less affected by
Working nights, days, mids, holidays,        our pensions. Well, I say then become a         this since we do have collective bargain-
weekends, and on your kids’ birthdays,       cop and see how thankless the job really        ing rights. But others? They certainly
oh well, no one is forcing you to do that.   is. The pension repays us for the nega-         look screwed to me.
This pension we have now helps even          tives, stress, and heartache.
                                                                                             And that is why the county had fought
                                                                                                                Continued on page 10


Page 6                                                                                                     The Rap Sheet Spring 2007
Chief’s Follies
Continued from page 5
chiefs and sheriffs, bastions of moral                                                        this whole thing
turpitude that they are, could be engaged    #5 Free Delivery                                could benefit his
in hanky-panky outside of their mar-                                                         department, so he
riage.                                                           Apparently the              resigned. (Yeah, I
                                                                 chief of McCook             guess I could see
Well, Nuchols was a friend of the chief ’s                       likes his newspa-           how one could feel that mama posing
wife, also. In brief, the two women had                          pers. Enough so             nude on the department’s computer
conversations on some aspects of the                             that he has put out         system would not generally benefit the
sheriff ’s shenanigans. The chief called in                       a note to everyone          department. Well thought out, chief,
Nuchols with two other officers present                            on a particular             well thought out.)
and presented her with an audio tape of                          shift to make sure
Nuchols’ conversation with the sheriff ’s     that he has a Sun Times newspaper left          The wife called this a witch hunt but
wife. The sheriff then fired Nuchols           for him every morning and a suburban            removed the photos. Others expressed
because she called his wife. The sheriff      paper on Wednesday and over the week-           their desire to have more respectable
then allegedly threatened Nuchols that       end. And he wants everyone to make              people in office and that the chief, his
if she told his wife about the audiotape,    sure it’s done.                                 wife, and his supporters should go
he would one: burn her house down,                                                           where this behavior is more acceptable.
two: set her dog on fire, and three: there    The good chief also wanted to know if
                                             there is a cost involved. Sure, chief, we       The chief said he has had long discus-
wouldn’t be a member of her family left.
                                             at MAP can tell you that newspapers             sions with his wife over this, but does
(I guess that means alive—ooooh!)
                                             still cost money. Most of us here, as part      not tell her what to do. He added “If
Here’s a pillar of the community if ever     of our daily information gathering, are         there is somebody that thinks they can
I saw one. Go ahead and set the poor         not too lazy to go out and buy our own          control her, have at it. I have tried for
dog on fire because you got caught in         papers.                                         11 years and haven’t been able to.”
someone else’s knickers.
                                             No word, however, if he wants the cops          Well, I guess that sums it up just fine,
Anyway, the court ruled against the          to iron the newspapers so he doesn’t get        brother. Anyone with a tattooed wife
suit, saying the chief ’s alleged conduct    ink on his fingers.                              at 6'3" and 300 pounds would have
did not “shock the conscience.” Appar-                                                       trouble controlling her, too.
ently to shock this court, you have to
have allegations of excessive force or       #6 The things you can
physical brutality. I don’t know about       do when you’re 6’3”, tat-                       See you next time at the Follies.
you, but setting my dog on fire, as well      tooed, and 300 pounds
as my house and inferring that none of
my family members would be left, kinda       The police chief, the mayor, and a coun-
sorta shocks this old man. They stated       cilman in Snyder, OK all resigned their
that there may be a course of action for     jobs last fall over the chief ’s wife posting
the state tort of “outrageous conduct”       her nude photos on the internet.
but not in this federal court. Maybe that
means that she could sue him in state        The mayor and councilman resigned
court.                                       over the criticisms of the chief. He ap-
                                             parently resigned over the dozens of
Remember, if your chief or sheriff            citizens who complained to the city and
threatens you harm, your dog or your         the State’s Attorney, who recommended
family, it could be outrageous but it        that an obscenity investigation begin as
generally is not shocking. We could have     related to his wife’s naked photos on the
told you that.                               internet. The chief could not see how




Metropolitan Alliance of Police                                                                                                  Page 7
New Member News/Promotions
Addison             Rogelio Casas              Mahogany Murray         Elk Grove Village
Danny Owens         Teresa Cleveland           Brian Myers             Meredith Heyland
Algonquin           Michael Coleman            Jonahthan Myslinski     Hoffman Estates
Kyle Neamand        Steven Cruz                Edwin Nelson            Kevin Doherty
                    Konstantinos Davlopoulos   Brian Nyberg            Anthony Hanna
Algonquin           Anna Dejesus               John O’Brien
Dispatch                                                               Sean Kenost
                    Nicholas Derango           Sunny Perales           Adam Marak
Amy Koehler         Sergio Diaz                Catherine Perry         Leo Monroy
Bartlett            Monique Dixon              Parrish Phillip         William Rublev
Derek Bansley       Christopher Dreyer         Jay Pon                 James Thomas
                    Tracey Edwards             Nachaka Porter
Bolingbrook                                    Teryka Powell           Lake in the Hills
                    Benito Enriquez
Brigette Buitron
                    Alejandro Escamilla        Samone Redd             CSO
James Burke                                    Scott Rice              Adriana Mendoza
Nicholas Keedy      Robert Fisher
Christina Meadows   Michael Franklin           Leonard Rocco Jr        LaSalle County
                    David Friend               Jeff rey Rumbaugh        Matthew Moore
Jason O’Hara                                   Benjamin Sanchez
Ramon Orejel        Michael Giannos                                    Lisle
                    Gioacchino Giovanneilli    Lawrence Sanchez
Daniel Smetters                                Yesenia Sanchez         James Eccardt
Antonio Tucker      Lakiesha Green                                     Jayne Tragesser
                    Emil Hageline              Carmelo Santiago
John Tuttle
                    James Hardwick             Delphia Sawyer          Lockport
Jeff rey Weber                                  Joshua Sheahan          Andrew Ganger
                    Donald Harris
Braidwood           Tiffany Harris              Anthony Singletary II   Shaun Kelly
Lauren Ribilotta    Joseph Harry               Jason Smith             Alan Nesbitt
Carpentersville     Toya Harston               Felicia Sparkman        Metra
Abdiel Acevedo      Joseph Hawker Jr.          Angela Streeter         Raul Arevalo
Edward Acot         Carmen Hernandez           Jerzy Szalanski         Tony Bielkunski
Joseph Gutierrez    Joseph Hilburger           Keith Taylor            Eric Harlstron
Alan Webb           David Houle                Audy Torres             Curtis Smith
                                               Alicia Uribe            Shawn Sproles
Carpentersville     Devan Hunter
                                               Jose Valdovinos
Civilians           Umberto Ingargiola
                                               Pamela Vazquez          Northern IL
Mary Jane Deranco   Krystal Ivory                                      Comm Cntr
                    Printiss Jones             Jason Vazquez
Christobal Maciel                              Fernando Villanueva     Timothy Baker
                    Miroslaw Kielian                                   Edward Stanton
Channahon           Matthew Koedyker           Jaime Villanueva
Andrew McClellan    Jason Krawczyk             Michael Ware            Northern IL
Mark Stoustek       Nicholas Lantini           Vicki Wash              University
Mike Youkam         Joseph Larkin              Rickey Washington       Donald Rodman
Cook Co Dept of     Jennifer Leachman          Terrence White          Oak Lawn
                                               Elonda Woods
Corrections         Ida Lewis
                                               Roosevelt Young
                                                                       Dispatch
Aziz Abdelmajeid    Valerie Lopez                                      Staci Braziel
                    Rubin Lopez                Gregory Young
Rick Aguirre                                                           Justin Haubenreiser
Hernan Alvarez      Tariq Lucas                Crest Hill              Angela Schmidt
Marvin Anderson     Jasmine Lugo               Justin O’Brien
                                                                       Orland Park
Debra Baltimore     Rachel Magsino             Crete                   James Berthold
Michael Barkhou     Eric Martinez              Paul Howey              Mark Kenn Jr
Shonda Barnett      James Mc Eldowney
                    Michael Mcauliffe
                                               DeKalb County           Christopher Losordo
Rogelio Borjas Jr                              Steven Johnson          David Ziolkowski
Kiphoge Botley      Kia Mccray
Arnulfo Bravo       Melissa Medina             DesPlaines              Palos Hills
Michelle Brown      Jeal Micheraux             Martin Reutimann        Dorothy Boss
Alyssa Brown        Adam Murphy                                        Romeoville
Erica Bryant        Timothy Murray                                     Thomas Dorsey


Page 8                                                                 The Rap Sheet Spring 2007
New Member News/Promotions
   Tinley Park                    Promoted            Metra            Retired
   Bryan Szmusiak                 Bolingbrook         Ross Fuller      Crystal Lake Sgts
   University of IL               Joseph Brick        Mervin Howard    Michael Floress
   Miguel Cortez                  Kenneth Teppel      Pete Logalbo     DesPlaines
   Daniel Esquilin                CSU Sgts                             Larry Burton
                                                      Andrea Logan
   Juan Gutierrez                 Calvin Robins                        Richard Czyzewski
   Stephanie Kriegermeier                             Bryan Mack
                                  Elk Grove Village                    William Marzano
   Justin Wooden                                      Oak Lawn
                                  Brandon Bos         Glenn Brothen    Hoffman Estates
   Western Springs                                                     Craig Brif
   Kingsley Church                Lake Forest         Joseph Garrett
   Danielle Harlow                E Scott Mose        Orland Park      Metra
                                                                       John Kielczynski
   Will Co Mgmt                   Lemont              Scott Sinko
   David Adams                    Gregory Smith       Troy Siewert
                                  Daniel Tully




Metropolitan Alliance of Police                                                            Page 9
To define or not to define
Continued from page 6

their cops to prevent them from being         about it — now! The governments where        the real battlefields are beginning to be
unionized for so long. They want to put       some of us work will just tell you to keep   drawn and for you to be a player like all
them in the tank, too. Without a union        doing what you are told and ignore that      the other special interest groups clamor-
the employee is forced to eat what the        man behind the curtain. If you do, they      ing for the mayor’s attention.
county serves them. And the buffet table       will just take away your ruby slippers
                                                                                           Remember that some complaints about
just doesn’t look that appetizing.            and you’ll never get to Kansas. Where is
                                                                                           fundraising are no different than someone
                                              Toto when we need him to expose this
But what really stinks here, besides Du-                                                   complaining about your driving, you being
                                              charade? You have to pay attention as a
Page County looking to deep-six employ-                                                    R.U.D.E., your sarcasm, or other similar
                                              governmental employee as to what they
ees’ wages, is the idea in their minds that                                                beef that someone makes personal and
                                              are planning to do with your future.
it is okay to do this while maintaining the                                                your chief wants you to be made an exam-
county’s cash reserves at what they term      MAP has taken this fight to another           ple of. You must realize that the politicians
“a reasonable and prudent $28.6 million.”     level with our lobbyists and forays into     and brass are just whining because they
So they have the money—it’s just not          the state legislatures. It’s more time and   want to make you poor and powerless.
for you. It’s for them. They are showing      more expense, but for us to be successful
                                                                                           So be involved. Be active. Apathy will
themselves the money. And of course,          in preserving what you all enjoy in wages
                                                                                           kill your local chapter and your benefits.
they will say they need it for emergen-       and benefits, we must take that step
                                                                                           Help us hold your politicians accountable.
cies… to the tune of $28.6 million.           forward.
                                                                                           Raise your voice. Keep active with MAP
I say cut into that reasonable and prudent    Don’t be led astray when your employers      in our year around legislative activities.
$28.6 million and give some to the cop-       grouse and harp about the union fight-        The change that is going to be detrimental
pers who make living in DuPage County         ing them, or about why MAP arbitrates        to our profession will be slow. They think
a “reasonable, enjoyable, and safe place to   contracts, or why we file grievances and      that you are asleep. Don’t let them think
live.”                                        ULPs. Ignore them when they try to turn      that.
                                              you away from an officer or telecom-
Governments, as good as some can be,                                                       Check our website and newsletters for
                                              municator who has been disciplined with
will still lie and abuse you to put through                                                information about our most current
                                              unfair or inequitable punishment. If they
their agendas. And I firmly believe that                                                    political fights. Write letters. We need
                                              can ostracize him or her from the rest of
you, the law enforcement officer, does not                                                   bold, improved action from you to make
                                              the employees, they will, and then they
hold a high place in that agenda.                                                          these politicians, mayors, chiefs, or others
                                              won. They want to silence you to prevent
                                                                                           accountable who would undo your health
MAP fights for our members in disci-           you from sticking up for your own.
                                                                                           care, wages, pensions, and other life sup-
pline, grievances, and in contracts. But
                                              When they cry about your union’s fund-       porting benefits and take them away from
the fight is broadening. Employers in
                                              raising because someone has to answer        you while racking up millions for their
governments think that you are so happy
                                              the phone to respond to the inquiry real-    pork barrel projects, schemes, and golf
to be a cop, correctional officer, telecom-
                                              ize this is done to alienate you from your   lessons. In particular, this pension problem
municator, CSO, records clerk in an
                                              union.                                       is not going to go away. It will rear its ugly
established setting that provides a steady
                                                                                           head in the future once more.
paycheck that they don’t think you are        Real problems in fundraising are quite
listening or watching what is going on.       rare for any union or local association.     This pension reform thing needs to get
                                              People complain about fundraising no         out and talked about. It is your very live-
They don’t think you are aware because
                                              matter what union or local association       lihood which is at stake
they distract you with promotions,
                                              is doing it. Don’t ignore it—check into
bonuses, merit wages, or other juicy car-                                                  Stay safe.
                                              it—but remember, it is a vital and neces-
rots. Or they just count on your youth-
                                              sary part of keeping your dues low and       Next time we’ll finally finish our R.U.D.E.
ful exuberance to hide the fact that you
                                              providing the benefits, expertise, and        expose with Part 4 – the Letter E—Errors
should be concerned that in 20 years you
                                              clout that is needed to fight for you. This   in Judgment.
won’t have a pension? That’s for the old
                                              is true, especially in Springfield where
dogs to worry about. Well, people, worry




Page 10                                                                                                    The Rap Sheet Spring 2007
IAD—Things to Remember
By Andrew M. Diakoumis



A    t some point and time during our careers we may be
     ordered to go to Internal Affairs to answer an allegation
of wrong doing or defend some course of action you have taken
                                                                      Take your time: As unnerving as the IAD interview can be,
                                                                      be sure to take your time. Give the question the amount of
                                                                      thought that it requires, so that you can understand it and
while doing your job. Whatever the reason you are in IAD it           formulate your response. This will also allow time for any objec-
can be an unnerving situation. This article is being written as a     tions that your attorney/ representative may have to the ques-
guideline for you to consider if you ever find yourself in IAD         tion asked.
answering questions.
                                                                      Answer the question: Answer only the question that you are
Representation: The first thing you should know if you are             asked. Do not volunteer additional information! Remember,
ordered to participate in an “Internal Affairs” investigation is       additional charges can be brought against you based on your
that you have a right to representation. In fact, one of the first     answers given during questioning.
questions you should ask is whether this matter is administra-
                                                                      Beware of questions involving distances and time: When you
tive or criminal. If it is an Administrative investigation, it is
                                                                      are making an estimate, make sure the investigator understands
your right to have your Union Representative present (even if
                                                                      that you are estimating. This will surely be understood if you
you are still a Probationary Officer). If it is a criminal Inves-
                                                                      state “I would estimate that time to be…”
tigation, it is your right to have an attorney present. In either
case, it is your responsibility to invoke your right to representa-   Do not lose your temper: No matter how hard you are
tion before you make any statements. Remember: You must               pressed-do not lose your temper. Also consider this: Is it pos-
verbalize this request. For example: “I realize that I must           sible that the investigator is “egging me on” in an attempt to
cooperate with this investigation and I am prepared to do so.         make me lose focus and respond improperly. If so, losing your
However, prior to making any statements, I am requesting the          temper may play right into the investigator’s hand.
presence of my Union Representative/Attorney.                         Avoid joking and wisecracks: An IAD investigation is a seri-
Understand the question: Be sure you understand the ques-             ous matter—treat it as such.
tions you are being asked before you attempt to give an answer.       Additional statements: – At the end of the interview you may
You can not possibly give a truthful and accurate answer unless       be asked if you have anything you wish to add. Most situations
you fully understand the question. If you don’t understand the        should not require anything additional. However, this would be
question, say so and ask the investigator to repeat the question.     a good opportunity for you to consult with your union repre-
Don’t guess: If you don’t know, say you don’t know and leave it       sentative or attorney.
at that.                                                              In closing, become familiar with your contract. It’s your re-
Tell the truth: Honesty is the best policy. Consider this: lying      sponsibility to protect your rights. I’m going to say this again
or giving a false statement can be grounds for your termination.      because it’s worth saying again. You must verbalize your request
                                                                      for representation. IAD is not going to have a representative on
Speaking with your Union Representative/Attorney: At
                                                                      standby waiting to represent you.
anytime during the interview, you may request to speak to
your attorney/ union rep in private. Also, your representative        Keep these guidelines handy in case you’re ever summoned to
can interrupt the interview to clarify a question or to object to     IAD.
confusing or intimidating tactics.




Metropolitan Alliance of Police                                                                                               Page 11
Case Law Review
Police Pensions and Administrative Review
By Jeffery Ortinau, Legal Advisor


Most police officers don’t start thinking       think about what they want now. The           tember 8, 2003. Sedlock’s salary, as chief
about retirement until they have been on      senior officers are looking for the future.     of police, was $64,000 until the city
the job for many years and start reach-       Remember, sooner than later the junior        council of the City of Ottawa amended
ing the age where the body or your mind       officer will be the senior officers, and they     his employment agreement on August
starts to slow down. Reality starts to set    will benefit from those additional pay         5, 2003, to increase his annual salary to
in. You start reading up on the pension       increases, which will affect your pension      $84,338.31. The increase in his salary
code, and start talking to the “retired       amount upon retirement.                       took effect on September 1, 2003, one
officers’ about making the big decision to                                                    week before his retirement. The Police
                                              Now, along come the chief or some upper
pull the pin. Most police officers know                                                       Pension Fund (PPF) of the City of Ot-
                                              brass that try to increase their pay right
when that time is about to come. I know                                                     tawa set a public hearing to be held on
                                              before retirement by some creative meth-
I did, and I never looked back after 27                                                     October 28, 2004, to consider what the
                                              ods. They get the mayor or village board
years on the job. It was time.                                                              final salary determination should be for
                                              to give them some big pay raise for all the
                                                                                            calculating the future retirement pension
Most officers know that in order to start       hard work they did (or at least thought
                                                                                            of Sedlock.
receiving a pension, you must have 20         they did) over the years. However, these
years of service and reached the age of 50.   “pay spike” are illegal. The Pension Boards   Under section 3-111 of the Illinois Pen-
Then, with 20 years on the job and age        should be reviewing and determining           sion Code (the Code), a police officer
50 or over, you receive 50% of your salary    what the final pay was at the end of an        shall receive a pension of one-half of the
attached to your pay at the time you leave    officer’s career. I believe you will find the    salary attached to the rank held on the
service (or your last year’s salary, which    following case law interesting reading. If    last day of service. 40 ILCS 5/3-111(a).
ever was greater). For every ever after 20,   you have any questions or comments, I         (West 2004). Pursuant to the Code, “sal-
add 2.5 % until a maximum amount of           can be reached at 630/420-2081 or             ary” means the annual salary, including
75% after 30 years of service. If you stay    Map.Legal@sbcglobal.net.                      longevity attached to the police officer’s
working after 30 years, the take home pay                                                   rank, as established by the municipality’s
                                              Sedlock v. Board of Trustee of the Police
difference between the pension that you                                                      appropriation ordinance, including any
                                              Pension Fund of the City of Ottawa,
could be receiving and your salary being                                                    compensation for overtime which is
                                              Third District No. 3-05-0736 (Aug. 22,
paid by the department is almost the                                                        included in the salary established, but ex-
                                              2006).
same. Why would anyone stay working                                                         cluding any “overtime pay,” “holiday pay,”
after 30 years on the job?                    Summary: Pursuant to the relevant             “bonus pay,” “merit pay,” or any other
                                              provisions of the Illinois Pension Code,      case benefit not included in the salary so
Most police officer’s pension is based on
                                              the city’s police pension board had the       established. 40 ILCS 5/3-125.1 (West
whatever salary is negotiated in their col-
                                              authority to determine what a police          2004).
lective bargaining agreement. We know
                                              officer’s salary was for the purpose of cal-
that over-time, holiday pay, court pay,                                                     On October 5, 2004, Sedlock filed a
                                              culating the officer’s future pension fund
etc,. is not pensionable. However, certain                                                  complaint for declaratory judgment,
                                              amount because the board was statutorily
benefits are included for the purpose                                                        requesting that the court enter an order
                                              required to do so. Therefore, the trial
of determining what your pension will                                                       finding that the PPF has no authority
                                              court properly dismissed plaintiff ’s com-
be. Some of those benefits are longev-                                                       under the Code to make a final annual
                                              plaint for declaratory judgment to order
ity pay, specialty pay, educational pay, or                                                 salary determination in any sum other
                                              the board to find for a specific amount
senior patrolman pay, etc. These creative                                                   than the amount of $84, 338.31. The PPF
                                              because the board did not reach a final
increases should be thought about when                                                      filed a motion to dismiss, claiming that
                                              and appealable order.
negotiations are taken place with your                                                      the circuit court did not have jurisdiction
department. Sometimes the junior of-          Facts: Daniel Sedlock retired as chief of     over the subject matter of the complain
ficers fail to look into the future and only   police of the City of Ottawa on Sep-          because there was no actual controversy
                                                                                                               Continued on page 14



Page 12                                                                                                    The Rap Sheet Spring 2007
Letters from members
Coal City Chapter #186                         Lisle Chapter #87                             Lake Villa Chapter 120
Dear Joe:                                      On behalf of Lisle Chapter #87, I would       Dear MAP:
                                               like to express out thanks to you, your
Words can’t explain how pleased I am to                                                      I want to take this time to thank the
                                               Board of directors, and your staff for         MAP organization for the great service
finally be a member of MAP. As Crosby,
                                               all the support you have given us. We         provided to the law enforcement com-
Stills, Nash & Young stated, “IT’S
                                               recently completed our contract “negotia-     munity.
BEEN A LONG TIME COMING.”
                                               tions.” As you know, we did not simply
As you know we’ve been waiting for this                                                      I have had your legal representation for
                                               reach a negotiated agreement. We spent
day for over 10 years. Police personnel                                                      over 15 years. Thanks to Attorney Steve
                                               over 18 months without a contract, and
that are fortunate enough to be mem-                                                         Calcaterra and his staff, I was able to
                                               went through mediation with no move-
bers of a union do not realize sometimes                                                     obtain my on-duty disability pension.
                                               ment from the Village. Even after we
how lucky they really are. Work without                                                      It is very comforting knowing there are
                                               started the arbitration proceedings our
one and believe me they will appreciate                                                      people and organizations that have dedi-
                                               Village would not budge on economic
the rights and benefits that the union                                                        cated support to police officers.
                                               issues. It was not until after the Union
provides. For our first contract I feel we
                                               presented its case in chief before the        Thank you and God Bless the men and
did exceptionally well. Am very pleased
                                               arbitrator, gave two full days of testi-      women of law enforcement.
that MAP stood behind us for the long
                                               mony, thousands of documents, and many        Ret. Sgt. Gary Thommes
struggle that we had to endure. Most
                                               exhibits, that a deal was finally offered by
people would have given up years ago. I
realize that we are a small department
                                               our Village.                                  Winnetka Chapter #54
and do not add that many more people           When we started negotiations, our sala-       Chapter 54 Members:
to your membership. I for one have been        ries were the lowest of all our comparable     I must share with you my testimonial to
waiting for years to be able to say, “yes, I   communities. Even worse, we lagged            the dedication of the legal representation
am a proud member of MAP.”                     behind the average salary by almost five       provided by the Metropolitan Alliance
                                               thousand dollars annually. With this new      of Police today (February 13, 2007). Joe
I would also like to state what an out-
                                               contract we will correct those deficiencies.   Mazzone answered my prior call for
standing job that Steve Calcaterra did for
                                               The new contract will apply 22% salary        counsel to a suspension hearing with the
us. Steve stuck with us through the entire
                                               increases across the board over four years.   Chief and Deputy Chief. During a driv-
negotiations and did one hell of a job.
                                               We will close the gap and reach the aver-     ing snow storm with close to white out
Steve explained every step of the pro-
                                               age salary of our comps by May of 2008.       conditions, Joe drove the frozen tundra
cess in obtaining the first contract. Steve
always made himself accessible to myself       Our past contracts had been established       from nearby Joliet to Winnetka. Having
                                                                                             shared the nearly impassable roadways
and the rest of the negotiating team.          under FOP and later under PB&PA. This
                                                                                             with hundreds of hazardous motorists, he
Am sure that he’s happy it’s completed         will be our first contract under MAP—
                                                                                             arrived composed and ready to provide
and that I will not be calling him three       and it should be noted that it contains
                                                                                             the insightful professional assistance I
or four times a week. if the rest of the       the largest pay increases that we have        needed. The Chief entertained additional
MAP staff are as dedicated as Steve is,         ever had in our entire bargaining history.    facts that were not considered during the
we are in very good hands. As you’re well      Such increases don’t come by accident         initial “fact finding” or subsequent “inves-
aware, Steve also had dealings with good       (or municipal generosity). The work and       tigation” (which never rose to the level of
old Nick Sakellariou. Again, thanks for        dedication of your staff, especially At-       an “Internal”). Joe Mazzone delivered and
all your time and support and I’m look-        torney Reimer, had made the difference         did what needed to be done!
ing forward to negotiating the second          for our Chapter. Please pass on a sincere
contract.                                      thank you to all your staff.                    The Chief has yet to indicate his deci-
                                                                                             sion. Regardless of what he will recom-
Wm. Jersey Klegman                             John Gaw                                      mend, I know that the MAP stood by me
                                                                                             and afforded me the opportunity of due
                                                                                             process. For this I am grateful.
                                                                                             Patrick Colleran
                                                                                             President

Metropolitan Alliance of Police                                                                                                Page 13
Case Law Review
Continued from page 12
between the parties since the PPF had            to do something it is attempting to do,    seeking disability or retirement pensions
not yet made a determination as to what       as Sedlock claims here. Where an admin-       each year. This is not what the legislature
the salary was and no final appealable         istrative assertion of authority to hear or   intended. The board is in the best posi-
decision by the PPF had been made. Sed-       determine certain matters is challenged       tion to determine whether Sedlock’s most
lock filed a motion to strike the PPF’s        on its face as not authorized by the          recent salary included overtime, holiday,
motion to dismiss.                            enabling legislation, such a facial attack    bonus, or merit pay.
                                              does not implicate the exhaustion doc-
A hearing was held on both motions,                                                         Next, the Appellate Court considered
                                              trine and exhaustion is not required. The
and on May 31, 2005, the court denied                                                       whether the court properly dismissed
                                              rationalization exception is that when
Sedlock’s motion to strike and granted                                                      the complaint for declaratory judgment.
                                              an agency’s statutory authority to exer-
the PPF’s motion to dismiss. First, the                                                     Once the court properly determined the
                                              cise jurisdiction is at issue, no questions
court found that it is the PPF’s fiduciary                                                   scope of the PPF’s authority, there was
                                              of fact are involved. Therefore, the trial
duty to determine a police officer’s salary                                                   no actual controversy between the parties
                                              court had jurisdiction to decide whether
when calculating his pension. Then, the                                                     since there had been no determination by
                                              the PPF had the authority to determine
court found that dismissal was appro-                                                       the PPF as to what the salary of Sedlock
                                              Sedlock’s salary for the purpose of calcu-
priate because Sedlock was required to                                                      was or what his retirement pension will
                                              lating his pension under the Code.
exhaust his administrative remedies relief                                                  be. Under section 3-128 of the Code,
in court.                                     Next, the Appellate Court considered          all final administrative decisions of the
                                              whether the PPF has the authority to          pension board are judicially reviewable
Issues: The Appellate Court had two
                                              determine Sedlock’s “salary.” The Appel-      under the provisions of the Administra-
issues to resolve. First, whether the PPF
                                              late Court agreed with the trial court’s      tive Review Law. 40 ILCS 5/3-128. Until
has the authority to determine what a
                                              statutory interpretation that the PPF         there is a final appealable decision by the
police officer’s “salary” is under the Code
                                              has the authority to determine what           PPF, any action brought before the court
for the purpose of calculating the officer’s
                                              Sedlock’s salary is under the Code for the    is premature and the court does not have
pension benefit amount. The second
                                              purpose of calculating his future pension.    subject matter jurisdiction. Judicial review
is whether, after having answered the
                                              Section 3-132 of the Code provides that,      can only be undertaken where there is
preceding question in the affirmative, the
                                              pursuant to section 3-131, police pension     final agency determination.. Without a
trial court properly dismissed the de-
                                              fund boards have the exclusive control        final decision from PPF, there is simply
claratory judgment action for the lack of
                                              and management of the pension fund.           nothing for the circuit court to review.
subject matter jurisdiction.
                                              40 ILCS 5/3-132. The Fundamental              The Appellate court held that the Circuit
Holding: The Appellate Court affirmed           purpose of a police pension fund board is     Court correctly determined that it had no
the Circuit Court’s decision.                 to determine eligibility to participate in    subject matter jurisdiction on the issue
Analysis: The following is the reason-        the fund. Additionally, the trustees of the   of what Sedlock’s salary should be. The
ing behind their decision in affirming          fund are statutorily designated as fiducia-    judgment of the circuit court of LaSalle
the Circuit Court’s decision. First, they     ries. As a fiduciary, each board member        County was affirmed.
addressed whether the court had jurisdic-     is required to “discharge his or her duties
tion to decide whether the PPF has the        with respect to the pension fund solely in
authority to determine Sedlock’s salary.      the interest of the participants and ben-
Generally, a person with a claim from an      eficiaries and for the exclusive purpose
administrative agency must exhaust his
administrative remedies before seeking
relief from the judicial system pursuant to
                                              of providing benefits to participants and
                                              their beneficiaries. 40 ILCS 5/1-109. The
                                              court went on to hold that the board’s
                                                                                            Quote:
the Illinois Administrative Review Law.       statutory duties include determining
                                              what Sedlock’s annual salary should be        With money in your pocket, you are wise
735 ILCS 5/3-101. However, the court
                                              for the purpose of calculating his retire-    and you are handsome, and you sing well,
has recognized several exceptions to the
                                              ment benefits. Granting Sedlock’s request      too.
doctrine of exhaustion of administrative
                                              could result in circuit courts being                                 —Jewish proverb
remedies, including when the agency’s
jurisdiction is attacked because a party      charged with making salary determina-
claims that it is not authorized by statute   tions for thousands of public employees


Page 14                                                                                                    The Rap Sheet Spring 2007
Contract Corner
Coal City                                                             Minooka
In the first year of the contract, the patrol wages range from         In the first year of the contract, the patrol wages range from
$38,380 - $52,229. The sergeant wages will be $57,583.                $42,649 – $58,040. The sergeant wages will be $67,036.
The contract gives the officers an initial wage adjustment, de-         The contract gives the officers an initial wage adjustment, de-
pending on their placement in the wage scale, and a three year        pending on their placement in the wage scale, and a three year
contract with raises of 2%, 4% and 4%. Upon the signing of the        contract with raises of 4%, 4% and 5%. Upon the signing of the
agreement, each officer will receive a first pay raise (retroactive      agreement, each officer will receive a first pay raise (retroactive
to May 1, 2006) ranging from $4,000–$7,000.                           to May 1, 2006) averaging $6000.
Lemont Sergeants                                                      Roselle
Contract length May 1, 2005, through April 30, 2009. Pay              Four-year contract from January 1, 2005, through December
increases from 14% to 24% over four years. Top out at Step            31, 2009. Wages of 4%, 4%, 3.5% and 3.5% Top out in year
8 in 2008 is $87,411. No random drug testing. Agreement               seven step. Many rights negotiated for union business, service
on seniority, personnel files, loss and replacement of property.       of general orders, rules and regulations, and administrative time.
Changes in grievance procedures, holiday pay, sick leave, insur-      More rights on discipline. Audio, video or GPS equipment
ance, vacation, work schedules, and leave of absence language.        will not be the sole basis for discipline for officers. Sick leave
Received uniform allowance commensurate with rank.                    expanded. Maintain caps on health insurance, and status quo on
Lisle                                                                 other economic benefits.

Settled. Wages of 5.5%, 5.5 %, 5.5%, 5.5% for four-year con-
                                                                      Winnetka
tract, fully retro. Slight increase in health insurance for single    Settled. Wages 3.5%, 3.75%, 3.75%. Full retro for three-year
coverage, reduced family coverage premium. May increase 5%            term. Increased OIC pay, modified/increased uniform allow-
over life of contract. Obtained Blue Cross/Blue Shield rather         ance, frozen health insurance contributions, new investigator
than village self-insured plan. Increase in vacation time from        pay, improved employee discipline protections.
5-15 years seniority. Holiday, personal, and vacation buy-back if
not used within a year.




MAP Annual Golf Outing
                                                                   Where: Carriage Greens
                                                                   When: Friday, June 8, 2007
                                                                   Time 11:45 am Tee off/scramble format. Registration starts at
                                                                   10:30 am
                                                                   What: Golf 18 holes, cart, lunch at the turn, drink tickets, five-
                                                                   course dinner, open bar, raffle, prizes, and the world-famous Keith
                                                                   George as your MC.
                                                                   Flyers will be mailed shortly. Call Carol or Sonia at 630/759-4925
                                                                   to reserve a foursome. You are only guaranteed your foursome
                                                                   when payment is received. It sells out fast, so return the paperwork
                                                                   and payment as soon as possible.




Metropolitan Alliance of Police                                                                                                Page 15
                  More News From Around the MAP
New Chapters on the
MAP
Ford Heights
                                                  Collective Bargaining Chapters
                                 Addison                           Highwood                          Orland Park
Hawthorn Woods
                                 Algonquin                         Hoffman Estates                    Palos Hills
Park City
                                 Algonquin Police CSO’s &          Hoffman Estates Sgts               Palos Park
Streamwood
                                 Dispatch                          Huntley                           Park City
                                 Bartlett                          IL DOC Investigators              Plainfield
Arbitrations                     Bensenville                       ISTHA                             Plainfield Sgts
Mediations                       Bolingbrook                       ISTHA Call-takers                 Prospect Heights
Cook Co DOC       Award issued   Bolingbrook Sgts/Lts              John Stroger Hospital Sgts        Prospect Heights Sgts
Gilberts              pending    Braidwood                         Johnsburg                         River Valley Detention Center
Palos Hills           pending    Bridgeview                        Justice                           Romeoville
                                 Burr Ridge Sgts                   Justice Sgts                      Roselle
                                 Carpentersville Civilians         Lake Forest                       Round Lake Police
                                 Carpentersville Police            Lake in the Hills Police          Round Lake Supv
Negotiations in                  Carpentersville Sgts              Lake in the Hills Dispatch/CSOs   Saint Charles
Progress                         Channahon                         Lakemoor                          Saint Charles Sgts
Bensenville                      Chicago State University Police   LaSalle County                    Schaumburg
Crest Hill                       Chicago State University Sgts     LaSalle Co Correctional Officers    Schaumburg Command
Crystal Lake                     Cicero Lts                        Lemont                            Seneca
Darien Police Civilians          Coal City                         Lemont Sgts                       South Barrington
DuPage County Coroners           Cook Co Correctional Officers       Lisle                             South Elgin
DuPage County Forest Preserve    Cook County EM/ Dispatch/         Lockport                          South Elgin Sgts
DuPage County Deputies           Vehicle Service                   Matteson                          Steger
East Dundee                      Crest Hill                        Matteson Sgts                     Streamwood
Ford Heights                     Crete                             McCook PO and Sgts                Sugar Grove
Hickory Hills                    Crystal Lake                      Metra                             Tinley Park
Johnsburg                        Darien Police and Sgts            Minooka                           University of Illinois
McCook PO & Sgts                 Darien Police Civilians           Montgomery                        Villa Park
NIU Police                       DesPlaines                        Morris                            Warrenville
Oak Lawn Civilians               DesPlaines Sgts/Lts               Morton Grove Sgts                 Warrenville Sgts
Oak Lawn Police                  DeKalb County                     Mt Prospect                       Waukegan Sgts
Palos Park                       DuPage Co Patrol/Court Services   Mt Prospect Sgts                  Wescom Dispatch
South Elgin                      DuPage Co Coroner                 Naperville Sgts                   West Dundee
Sugar Grove                      DuPage Co Forest Preserve         New Lenox Sgts                    Western Springs
Warrenville PO                   East Dundee                       Niles Police                      Western Springs Sgts
Warrenville Sgts                 Elwood                            Norridge                          Wheaton Sgts
Wescom Dispatch                  Elk Grove Village                 Northbrook Sgts                   Will County Mgmt Assoc/
West Dundee                      Ford Heights                      Northern IL Emergency             Corrections Sgt
                                 Gilbert                           Communications Center             Will Co Juvenile Probation
Signed Contracts                 Grundy County                     Northern Illinois University      Wilmington
Bridgeview                       Hanover Park                      Northern IL University Sgts       Winfield
Coal City                        Harvey                            Oak Lawn                          Winnetka
CSU Police                       Hawthorne Woods                   Oak Lawn Telecom, CSO’s, &        Woodridge
CSU Sgts                         Hickory Hills                     Detention Aides
Elwood
Lakemoor
Lemont Sgts
                                                         Legal Defense Chapters
                                 Addison Sgts                      Evergreen Park                    New Lenox
Lisle
                                 Barrington Hills Sgts             Frankfort                         Norridge Auxiliary Officers
Minooka
                                 Belvidere Sgts                    Genoa                             Northlake
Montgomery
                                 Bensenville Sgts                  Gurnee                            Palatine
Niles
                                 Bolingbrook Civilians             Hampshire                         Palos Park part-time Police
Northbrook Sgts
                                 Channahon Sgts                    Hinsdale Sgts                     Peotone
Roselle
                                 Cook County Canine                LaGrange Park                     Roselle Command
Univ. of IL
                                 Cook Co Correctional Sgts/Lts     Lake County                       Round Lake Park
Wheaton Sgts
                                 Cook County Sheriff ’s Police      Lake Villa                        South Barrington Command
Winnetka
                                 Cook Co DCSI Deputy Chiefs        Manhattan                         Winnetka CSO
                                 Crest Hill Sgts                   McCook Civilians                  Woodridge Sgts
                                 DuPage County Corrections         Mt Prospect Sgts

Page 16                                                                                                 The Rap Sheet Spring 2007

								
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