Excerpts from Herald-news.com:
A Crystal Lake City Council member is raising concerns over a city policy that permitted two firefighters, who were charged with assault and battery, to continue working at the Crystal Lake Fire Rescue Department while their cases are still pending in court.
The council member discovered details about the incident through a news article and was surprised to learn that the firefighters were allowed to keep their jobs during the ongoing legal process. The two firefighters, Adam J. Fowles, 41, from Cary, and Timothy R. Kerley, 38, from Crystal Lake, were arrested on May 11 for an off-duty incident that occurred on March 15. They were placed on administrative leave without pay following an internal employment investigation. However, under their union contract, they were permitted to work on non-shift days while on leave.
Fowles faces charges of aggravated battery in a public place, while Kerley was charged with aggravated assault and disorderly conduct. Both have pleaded not guilty and are scheduled to appear in court this Thursday. Although the incident took place in March, the charges weren’t filed until June, as Deputy Police Chief Thomas Kotlowski explained that the investigation involved over 20 hours of video footage and interviews with multiple witnesses.
Kotlowski stated that the complaint was handled like any other, and based on his findings, he saw no evidence that either firefighter posed a threat to public safety. Fire Chief Paul DeRaedt confirmed that the administrative leave policy prevents the firefighters from working their regular shifts, which amounts to nearly $900 in lost wages per shift. However, they can still take on overtime shifts of up to 24 hours, earning 1.5 times their regular hourly rate of $37.35.
DeRaedt noted that both firefighters have taken advantage of these overtime opportunities and will likely return to full duty before the end of the week. Despite one of the charges involving a woman, DeRaedt emphasized that the city’s internal investigation found no risk in allowing them to continue working.
“We used many resources to evaluate the situation, including legal counsel,†DeRaedt said. “This was an isolated off-duty incident, and based on our knowledge of the employees, we felt comfortable letting them work.â€
All City Council members were informed about the arrests and charges. The firefighters’ union contract outlines four main disciplinary actions: oral and written reprimands, unpaid suspension for up to 30 days, and discharge. However, it doesn’t specify how long someone on administrative leave should stay away from work. DeRaedt said each case is reviewed individually, considering past disciplinary actions and the employee's history.
DeRaedt also mentioned that no further disciplinary action will be taken unless there is a criminal conviction, which could lead to termination if they no longer meet employment requirements such as holding valid EMT and driver’s licenses. According to the Illinois Department of Public Health, an individual convicted of a felony may still hold an EMT license if they meet other criteria and pose no risk to patients.
“If we wait for a criminal conviction before taking any employment action, it delays the process of addressing the violation,†DeRaedt said. “We want to act swiftly within the time needed for a thorough investigation.â€
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