Archive for December 20th, 2015

Oak Lawn politics in the news

Excerpts from the OakLawnLeaf.com:

An eight year battle between the Oak Lawn firefighters and Village Manager Larry Deetjen that has generally centered around staffing issues and caused hard feelings on both sides has now spilled over into allegations of “phone sex”, “theft of union funds” and “sex acts while on duty”.

The Village of Oak Lawn surprisingly issued a press release yesterday noting that firefighter and former union official Bob Lanz had filed a motion for a temporary restraining order against the Village of Oak Lawn in an attempt to stop or delay the village’s investigation into whether Lanz violated policies prohibiting sexual harassment.

According to the press release, “The village recently became aware of information that suggests that one of its firefighter/paramedics may have violated the village’s policies, including the policy against sexual harassment by engaging in phone sex while on duty on multiple occasions.  No employee should ever have to witness or listen to the sex acts of a co-worker while on duty…”

The U.S. Equal Employment Opportunity Commission (EEOC) defines Sexual Harassment as follows:  “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”

The unusual part of the village’s allegations, according to sources within the village, is that no employee has complained about sexual harassment by Lanz.  In addition, there does not appear to be any direct claim of sexual harassment other than a reference in the press release that theoretically “no employee should ever have to witness or listen to sex acts of a co-worker while on duty”.  Nonetheless, Lanz is reportedly serving a five day suspension that he is contesting through his union, in which he served as a high ranking official during many of the lawsuits and arbitration cases involving minimum manning.

According to our source, who asked to remain anonymous, Deetjen first reportedly claimed that Lanz had taken union funds and used those funds illegally. At the direction of Deetjen, the village contacted the Cook County State’s Attorney reporting that the funds had been illegally taken by Lanz.  The unusual action highlighted a growing dispute between the two men, with village insiders noting that none of the funds are village funds or taxpayer funds.  The current union leadership did not file any criminal or civil actions against Lanz and never complained to the State’s Attorney or the village about the use of the funds.  Deetjen has privately claimed that a disgruntled firefighter complained to the Oak Lawn Police, who contacted the State’s Attorney’s Office. The union is representing Lanz in his disputes with the village.

After investigating the matter, the Cook County State’s Attorney did not find evidence to substantiate the filing of charges for theft or any criminal act.  It is not the first time that Deetjen has been involved in a high profile claim of illegal conduct that has fizzled under the review of law enforcement officials. Soon after the State’s Attorney found that there wasn’t sufficient evidence to proceed, Deetjen reportedly claimed that an unnamed firefighter, now known to be Lanz, was being investigated for a sex act while on duty.  The “sex act” referred to weeks ago is now known to be an allegation of “phone sex”.  According to our source, Deetjen does not have any evidence that a “sex act” occurred but he has termed the act of phoning certain numbers “sex acts”.  As of this date, no other employee has filed any claim of sexual harassment, although the village’s press release called the alleged acts “sexual misconduct”.

According to an individual with knowledge of the case, Deetjen reviewed the union’s documents and cross checked expenditures with a search of the internet concluding that two of the charges were linked to companies that provide phone sex.  The fire chief then served Lanz with an order to provide his cell phone records and credit card statements in order to allow the village to investigate whether he had indeed engaged in calling “phone sex numbers” while on duty.

Over a week ago, Lanz was served with two disciplinary notices.  One of the notices was a formal “Notice of Interrogation and Order” that required him to produce the personal credit card records and personal cell phone records regarding an investigation of “inappropriate financial transactions and engaging in inappropriate sex related activities while on duty and working for the village on multiple occasions”.

Cook County Circuit Court Judge Diane Larson was dragged into the wacky case when Lanz filed the motion for a temporary restraining order in an attempt to stop or delay the date for the turnover of the credit card and phone records.  A temporary or emergency restraining order can only be granted if the petitioner can show an “irrevocable harm” will occur if the order is not granted.  Judge Larson noted that Lanz would not suffer any such harm and denied the motion.  Larson did not rule on the merits of the underlying allegations.

Judge Larson did suggest that the village not proceed today with the interrogation and instead wait until January 7th at the earliest.

At the time of our deadline we could not confirm whether the village was going to proceed today.

thanks Dan

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Chicago FD LODD Firefighter Daniel Capuano, 12-14-15 (more)

More photos from Tim Olk

funeral for Chicago Firefighter/Paramedic Daniel Capuano

Tim Olk photo

funeral for Chicago Firefighter/Paramedic Daniel Capuano

Tim Olk photo

funeral for Chicago Firefighter/Paramedic Daniel Capuano

Tim Olk photo

funeral for Chicago Firefighter/Paramedic Daniel Capuano

Tim Olk photo

funeral for Chicago Firefighter/Paramedic Daniel Capuano

Tim Olk photo

 

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Chicago FD LODD Firefighter Daniel Capuano, 12-14-15 (more)

Excerpts from the ChicagoTribune.com:

Julie Capuano, the wife of deceased Chicago Firefighter Daniel Capuano, filed a wrongful death lawsuit in Cook County Circuit Court against Anilroshi, the company that owns a two-story brick warehouse at 9213 S. Baltimore Ave. Daniel Capuano, 42, died Monday, a few hours after he plunged down an open, unprotected elevator shaft as he and a partner searched through thick smoke for people and the source of the fire, the Chicago Fire Department said.

The lawsuit alleges the owner was negligent because the building had an open elevator shaft, gaping holes in the floor and no permits for major work at the warehouse, in violation of Occupational Safety and Health Administration and city standards.

“The defendant blatantly violated OSHA regulations and city of Chicago regulations,” Capuano family attorney Robert Napleton said. “It cost a world-class father, husband, son, and friend to many his life.”

PDF: Motion to demolish building at 9213-9219 S. Baltimore Ave.

A Buildings Department report outlined several alleged violations and dangerous conditions, including unauthorized work at the elevator shaft where Capuano fell. The city also is seeking as much as $1,000 per day for every day the owners kept the building in an unsafe condition.

The building’s status was put on hold after Cook County Circuit Associate Judge Pamela Hughes Gillespie ruled that all parties have until Jan. 2 to complete inspections at the building. Napleton said he also filed an emergency motion with the court, granted by another judge, seeking to preserve the building and any physical evidence at the scene. He wants to make sure that any video surveillance, computer evidence or materials at the building are protected and representatives for the family are given access to the warehouse to document its condition.

The building’s previous owner, Jackie Procissi, who with her husband sold the warehouse to Anilroshi, said earlier this week the elevator was in “perfect working condition” at the time of the sale and that the warehouse had passed inspections when they owned it. Anilroshi bought the building for $125,000 in October 2014.

City attorney Kimberly Roberts reiterated the city’s position that unauthorized work was being performed at the site. “Permits were issued for the building, but the work that was being done was beyond the scope of the permits,” Roberts said. The Buildings Department issued permits in September, but the owner did not receive a permit for removing or demolishing an elevator, officials said. The warehouse had “multiple floor openings on the 1st and 2nd floors, none of which are barricaded. The elevator system has been demolished, including the masonry shaft enclosure from basement to 2nd floor leaving the shaft open,” according to the Buildings Department report. The report also listed problems with the structural integrity of the load-bearing beams and columns, exposed electrical wires, staircases without handrails, and other masonry, plumbing and heating problems.

State Farm, insurer for the building, filed a temporary restraining order to prevent immediate demolition. A structural engineer inspected the building and determined it was not in danger of imminent collapse.

The judge voiced concern about the open holes at the property. “I’m not leaving a property with gaping holes in there where one fireman’s already been killed, I’m not just leaving it that way,” Hughes Gillespie said. “Heaven forbid there’s another fire in that building. I want those holes covered. It’s as easy at that.”

The fire department said the exact source of the small, smoky fire that drew firefighters to the scene remains under investigation as officials await tests on construction materials inside the brick building. But Chicago Fire Department spokesman Larry Langford said “it’s definitely not arson.” He said the fire was quite small but smoldering produced a thick smoke that made it difficult for Capuano and other firefighters to see inside.

The Cook County state’s attorney’s office said it will review the case when reports are completed for possible criminal prosecution related to Capuano’s death.

thanks Dan

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