An appeals panel has ruled a Melrose Park police officer was properly fired for allegedly "inexcusable" and "dishonest" conduct in hunting with a shotgun-toting former village police chief, who, as a felon, is barred from handling firearms.
The Sept. 30 ruling was authored by Justice David Ellis, with concurrence from Justices Cynthia Cobbs and Nathaniel Howse, of Illinois First District Appellate Court. The decision favored the Melrose Park Board of Fire and Police Commissioners in an action brought by John A. Scatchell Jr.
Scatchell became a Melrose Park police officer in 2012. In 2015, he helped detain a person, after which he said he felt neck and back pain, according to court papers. He went on sick leave for a time before returning to full-time work the following April. However, Scatchell said the pain returned in 2017 and his doctor told him he needed rest; he want on paid sick leave.
A few weeks later, a Conservation Police officer, acting on a tip, reported he saw Scatchell and former Melrose Park Police Chief Vito Scavo using shotguns to hunt waterfowl from a boat near Oswego. Scavo was a convicted felon, having been in prison for racketeering and extortion. As a felon, he was barred from possessing a gun.
The Board of Fire and Police Commissioners held a hearing on the matter. They wanted Scatchell to testify, telling him nothing he said would be used against him in a criminal prosecution. However, Scatchell invoked his Fifth Amendment right against self-incrimination.
The Board fired Scatchell, finding he had abused sick leave policy; did not report his contact with Conservation Police and gave false information to the Conservation officer; lied about his physical condition; assisted Scavo in illegally having a gun; ran a hunting guide business with Scavo without clearing it with his superiors; and was insubordinate for refusing to answer questions at the hearing.
Scatchell went to Cook County Circuit Court, claiming he was fired for exercising his Fifth Amendment right, but Judge Pamela McLean Meyerson sided with the Board. On appeal, the result was no different.
"Police officers, as guardians of the laws, are expected to act with integrity, honesty, and trustworthiness. But Scatchell’s actions here are devoid of all three," Justice Ellis said, adding that Scatchell actions were "inexcusable," as well as "irresponsible and dishonest."
Ellis reported he reviewed the findings of the Board, determining "many of Scatchell’s individual violations alone would have been enough to establish cause supporting his termination."
One of Scatchell's chief arguments was the Board fired him for exercising his right against self-incrimination. However, Ellis would have none of it.
"The government has every right to investigate allegations of misconduct, even criminal, and force employees to answer questions about the investigation, so long as the employee has immunity from criminal prosecution on the basis of their answers," Ellis said.
Ellis added that the Board and other officials repeatedly told Scatchell, who was represented by counsel, he had immunity and no fear of self-incrimination.
"Scatchell, then, was found insubordinate because he refused to answer conduct-related questions even after receiving immunity, just as a witness in a criminal case could be punished for contempt for refusing to testify after being given immunity for that testimony," Ellis observed.
Ellis further said, "Scatchell was not given the choice between keeping his job or making statements that could be used against him in a criminal prosecution. He was given the choice between truthfully answering questions while enjoying immunity from the use of his answers, on the one hand, versus refusing to testify (even though given immunity) and facing the job-related consequences for doing so, on the other. He chose the latter."
Scatchell has been represented by Gianna Scatchell and Cass T. Casper, of Disparti Law Group, of Chicago. Christopher Cooper, of the Law Office of Christopher Cooper, of Griffith, Ind., has also represented Scatchell.
Melrose Park has been represented by Patrick O'Connor, of Hartigan & O'Connor, as well as by Jeffrey S. Fowler, of Laner Muchin, both of Chicago.
Scatchell also has a federal suit pending against Melrose Park that alleged he was fired in retaliation for his father's activities. The elder Scatchell, John A. Scatchell Sr., was a Melrose Park police officer and president of the union local for the village's officers. The suit alleged village officials retaliated against Scatchell Sr. for standing up for a black officer, who was allegedly harassed by officials. The suit claimed that in turn, officials further retaliated against the senior Scatchell through his son, by trumping up the Scavo case to get the son terminated.