Even as he seeks to dismiss a similar case in Chicago's federal court, Cook County Sheriff Tom Dart is also aiming to pop a lawsuit in Cook County Circuit Court in which seven sheriff's officers have asked for their disciplinary cases to be tossed because the sheriff's disciplinary board was improperly seated. The sheriff contends the board is now properly constituted and at any rate, the previously improper panel never disciplined the officers, much less even heard the officer's cases, he has asserted.
On April 24, Cook County Sheriff Tom Dart, the Sheriff's Merit Board, Cook County Board President Toni Preckwinkle and Cook County filed papers supporting their earlier motion to dismiss a November 2017 suit lodged in Cook County Circuit Court – one of many suits based on the Merit Board's makeup.
When the sheriff seeks to discipline a sheriff's office employee with a punishment greater than 30 days suspension, the matter goes to the Merit Board, with the board deciding to uphold or dismiss the charges, or reduce the proposed penalty.
Stephanie Scharf
| Scharf Banks Marmor LLC
The suit was brought by sheriff's officers Matthew Goral, Kevin Badon, Michael Mendez, Milan Stojkovic, David Evans III, Frank Donis and Lashon Shaffer. Sheriff Dart had asked the Merit Board to fire them for such alleged misconduct as false overtime reporting, detainee abuse, interference with an FBI investigation into detainee abuse and interference with a domestic abuse investigation.
All the officers have been suspended without pay, except for Donis who was still working as of January.
The officers wished to challenge Dart's requests they be fired, with trial before the Merit Board. However, they said the board repeatedly put off trial on grounds discovery was owed to the officers, an “incredulous assertion” by the Board, in the officers' view, given the officers are ready for trial.
“The real issue for delay is the Board and its members are well-aware the Board is illegal for reasons which include at least one member who was appointed for a less than six-year term; and, that two members have terms which are not staggered as required,” the officers alleged.
The officers are suing on the same basis used in dozens of other cases against Dart in federal and state courts, namely that a number of board appointments over the past several years were invalid, because they were for interim terms, not staggered, six-year terms as required by law.
The American Federation of State, County and Municipal Employees Council 31, which represents sheriff's officers, has contended not only final decisions, but all matters introduced before the “sham” Board were illegitimate.
“Since there was no legally constituted Board to receive the written charges against Plaintiffs and similarly situated officers, there never was a Board case,” according to the suit brought by the seven officers.
In December 2017, the Board was reorganized under a new statute to correct the membership irregularities, but plaintiffs hold that move does not legitimize prior jurisdictional problems as Dart maintains.
Dart also filed papers April 24 in Chicago federal court, asking a judge to kill off a putative class action against him and the Merit Board, which seeks job reinstatement, back pay and at least $100,000 each in compensatory damages for about 230 disciplined deputies and jail officers. Dart warned that reinstatement of alleged “violent, dishonest or otherwise unfit” officers would endanger the public.
Further, Dart asserted reinstatement would give a “free pass” to officers who have allegedly violated the public trust. And Dart said the officers' due process rights have not been breached, as they allege, because they still have legal options, such as hearings before the Merit Board and circuit court review of Merit Board rulings.
Dart and his office are represented by attorneys Stephanie A. Scharf, Sarah R. Marmor, Deirdre A. Fox and George D. Sax, of the firm of Scharf Banks Marmor LLC, of Chicago.
The Cook County State's Attorney's Office is representing the county, the Merit Board and Preckwinkle.
The plaintiffs are represented by attorneys Christopher Cooper and Cass Casper, of Chicago.