Kane County Sheriff Don Kramer and his three-member Merit Commission have asked for a circuit judge to dismiss a judicial review request by a lieutenant who says Kramer suspended him for political reasons.
Lt. Willie Mayes Sr. filed for judicial review of the three-day suspension in January. His court filing does not explicitly mention politics, but he told the Beacon-News he thinks the suspension has a lot to do with his candidacy for Kramer’s job. Kramer has denied the influence of politics on his decision, and said the suspension was fair.
The merit commission on Monday filed a motion for dismissal, saying the circuit court lacks jurisdiction under Illinois’ administrative review law to rule on the suspension. The commission believes the review law is only for discipline originally imposed by the commission following an evidentiary hearing and not for suspensions of 30 days or less imposed by the sheriff. In Mayes’ case, no witnesses were sworn and no evidentiary hearing took place, according to the motion.
Kramer ordered the suspension, Mayes challenged it, and the sheriff-appointed Merit Commission unanimously upheld it in a late November decision.
Reached by phone Tuesday, Mayes said he’s confident the circuit court has jurisdiction, disagreeing with the sheriff and merit commission’s assessment of the law.
“I assume they interpreted it the way they wanted to interpret it,” Mayes said.
Mayes said he still needed to speak with his attorney about how they might respond in court proceedings. The litigation is due for a case management conference April 20 with Kane County Judge David Akemann.
Mayes is running against Kane County Sheriff’s Sgt. Ron Hain in the Democratic primary for sheriff in March. Kramer and Kane County Sheriff’s Sgt. Kevin Tindall are vying for the Republican nomination. Voters in November will chose from the two winners.
Mayes, who said he’s been with the sheriff’s office for 26 years in various capacities, previously ran for sheriff in 2014, when he lost to Kramer.
Records show Mayes’ three-day suspension following an officer-involved shooting was for allegedly failing to be reasonably aware of the performance of his subordinates or provide the appropriate guidance and control; neglect of duty; and unsatisfactory work performance. Mayes oversaw the crime scene the night of a Sept. 13 shooting in Big Rock Township, Kramer said.
No one was hurt by the bullet a Kane County sheriff’s deputy fired during the struggle to apprehend a burglar inside a Big Rock Township home, according to reports.
After the incident, Marc Eberly, 32, of Hinckley, was arrested and charged with felony residential burglary; two counts of felony attempted disarming a peace officer; and misdemeanor criminal damage to property.
Eberly physically confronted two deputies while they were checking inside the home, trying to disarm both of them, according to sheriff’s reports. One of the deputies fired a single shot at Eberly. The bullet went through Eberly’s sweatshirt and into the floor, according to sheriff’s reports.
On Sept. 18, the sheriff sent a notice to Mayes ordering him to attend an investigative interview on Oct. 3, stating he failed to be reasonably aware of the gravity of the situation, leading to his failure to follow proper procedures.
“You also failed to provide the proper guidance to deputies under your supervision, after they were involved in a traumatic experience,” the notice states.
In the complaint, Mayes calls the commission’s decision a “wholly arbitrary and clearly erroneous” interpretation of sheriff’s office policy and the general orders he’s accused of violating.
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Documents obtained through a public records request show a detective, a sergeant and another lieutenant were also disciplined in October for how they handled the shooting.
Per policy, the deputy who fired the shot should also have had his gun taken away, been offered the opportunity to go to a hospital to talk to someone, and been given the chance to talk to an attorney or union representative, Kramer previously said. Mayes should have been overseeing the sergeant and making sure all those things got done, Kramer said.