City of Highland Park v. Teamster Local Union No. 7144/26/2005
Plaintiff, the City of Highland Park (the City), terminated Martin Stumpf, a police officer, after a jury found him guilty of one count of criminal trespass to a vehicle (720 ILCS 5/21--2 (West 2000)), a Class A misdemeanor. Defendant, Teamster Local Union No. 714 (the Union), filed a grievance on Stumpf's behalf. An arbitrator held that the firing violated the parties' collective bargaining agreement (CBA), and he reinstated Stumpf. The trial court vacated the arbitrator's decision, holding that it violated public policy. The Union appeals. We reverse the trial court and reinstate the arbitrator's decision.
The incident that gave rise to this case occurred on April 15, 2001. Many of the facts are in dispute, but the parties agree on the following. At about 8 p.m., Stumpf and his wife, Christina, were driving home separately on Route 45 in Grayslake. (From now on, we refer to Martin Stumpf as "Stumpf.") Stumpf was off duty, dressed in plainclothes, and driving his personal car. Christina was in front, with several vehicles in between them. A van driven by Christopher Tyran (Tyran), and occupied by his wife Lisa and their two children, accidentally bumped Christina's car. Both vehicles were traveling slowly, and there were no injuries and slight damage. Tyran and Christina exited their vehicles and exchanged words. Shortly afterward, Stumpf drove up, exited his car, showed Tyran his badge, and asked for Tyran's driver's license. A short time later, Stumpf went to the passenger's side, reached in, and tried to prevent Tyran from driving the van. Stumpf and the Tyrans disagreed whether Stumpf touched or grabbed Lisa Tyran. Eventually, Stumpf and Tyran each called the Grayslake police to complain about the other's conduct.
On or about June 5, 2001, Stumpf was charged with seven offenses, including the count of criminal trespass to a vehicle, a count of battery to Lisa Tyran, and several counts of disorderly conduct. (Precisely what charges were brought is not clear from the record.) On June 5, 2001, Stumpf was placed on paid administrative leave. Commander David Schwarz and Sergeant Gerald Halley of the Highland Park police department investigated the incident. The Tyrans gave statements. Schwarz and Halley questioned Stumpf. On August 9, 2001, the investigators forwarded a report to Chief of Police Daniel Dahlberg. We summarize the report.
The Tyrans stated as follows. At the time of the accident, their two children, ages five and three, were in the backseat of the van. Stumpf arrived, approached Tyran, showed him his police officer's badge, and asked Tyran to provide his driver's license. Tyran refused. Stumpf said that he would call the police, and he made a call on his cell phone. Tyran closed his window. Stumpf started pounding the window and shouting, "You hit my f---ing wife's car." Tyran decided to leave and call the police. As Tyran started to drive off, Stumpf opened the van's passenger-side door, reached for the keys, pushed Lisa Tyran, and momentarily grabbed her arm. The Tyrans' children were screaming. Stumpf could not get the keys, and the Tyrans closed and locked the door.
Officer Stumpf stated as follows. He did not witness the accident. When he arrived at the scene, Christina told him that Tyran had hit her car. Stumpf spoke to Tyran and asked for his driver's license. Tyran said "F---you" and rolled up the window. Stumpf repeated his request, but to no avail. Stumpf did not hit the driver's-side window. Tyran then started driving the van in the direction of Christina's car, which was blocking it in. Stumpf displayed his badge while dialing 9-1-1 on his cell phone and told Tyran not to leave. The dispatcher told Stumpf to get the van's license nu
Page 1 2 3 4 5 6 7 8 9 10 11 Illinois DUI Attorneys
DUI Lawyers
|