Excerpts from Herald-news.com:
A Crystal Lake City Council member is raising concerns over a city policy that permits two firefighters, who have been charged with assault and battery, to continue working while their cases are still under investigation. The council member discovered details about the incident through a news article and expressed disappointment upon learning that the firefighters were allowed to remain on duty during the legal process.
The two firefighters, Adam J. Fowles, 41, from Cary, and Timothy R. Kerley, 38, from Crystal Lake, were arrested on May 11 in connection with an off-duty incident that took place on March 15. They were placed on administrative leave without pay following an internal employment investigation. However, under the terms of 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 is accused of aggravated assault and disorderly conduct. Both have pleaded not guilty and are set to appear in court this Thursday. Despite the incident occurring in March, the charges were only filed in June, as the police department conducted a thorough investigation that included over 20 hours of video footage and multiple witness interviews.
Deputy Police Chief Thomas Kotlowski stated that the complaint was handled like any other, and his investigation found no evidence that either firefighter posed a threat to public safety. Fire Chief Paul DeRaedt explained that the administrative leave policy prevents the firefighters from working their scheduled shifts, resulting in approximately $900 in lost wages per shift. However, they are allowed to take on up to 24 hours of overtime at 1.5 times their regular hourly rate of $37.35.
Both firefighters have taken advantage of these overtime opportunities, though DeRaedt did not disclose how long the leave will last. He added that both are expected to return to full duty before the end of the week. Despite one of the charges involving a woman, the city’s investigation concluded that there was 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 continue working.â€
All City Council members were informed of the arrests and charges. According to the firefighters’ union contract, four disciplinary actions can be taken against a member who violates department rules: oral or written reprimands, suspension without pay for up to 30 days, and discharge. However, the contract does not specify how long someone on administrative leave should stay away from duty.
DeRaedt emphasized that each case is reviewed individually, taking into account past disciplinary actions and the employee’s history. He also noted that no further disciplinary action will be taken unless a criminal conviction occurs, which could lead to termination if they no longer meet employment requirements such as holding valid EMT and driver's licenses.
The Illinois Department of Public Health allows individuals convicted of a felony to hold an EMT license if they meet other criteria and do not pose a risk to patients. DeRaedt stressed the importance of addressing rule violations swiftly, even before a criminal conviction, to ensure appropriate behavior is corrected in a timely manner.
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