Ousted Joliet police Chief Dawn Malec was given the option to resign from city employment entirely or face firing after being removed from the top job Wednesday — a move she said she won’t make.
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In a letter, hand-delivered to Malec’s home hours after City Manager Jim Capparelli informed her she was out as chief, Capparelli clarified his earlier action, saying her termination was only for her role as police chief.
The letter states that Malec has “not attained eligibility to retire on full pension, and therefore will be returned to (her) rank of lieutenant, effective immediately.”
In the letter, Capparelli offered her the option of resigning from the department by 5 p.m. Friday. If not, he warned, she could be fired.
“Please be advised that my intent is then to initiate termination proceedings pursuant to the terms of the police command staff bargaining agreement between the city and the FOP,” the letter states.
Malec said Wednesday she was ousted after pressing for an administrative hearing for a police officer who allegedly leaked a video of the controversial arrest of Eric Lurry, who later died.
When reached by phone Friday, Malec confirmed she had received the letter.
“I’m not resigning,” she said, adding that she planned to appeal her termination as chief to the city council. Capparelli said in the letter that if he initiated termination proceedings, she would be placed on administrative duty and would report to the city clerk starting Tuesday. Malec, however, said she has spoken to the city clerk and requested time off next week.
Malec, the first woman to lead the Police Department, was appointed police chief in February. Deputy Chief Robert Brown was named interim chief on Wednesday following Malec’s ouster.
Joliet Mayor Robert O’Dekirk declined to comment on the matter. “It’s not fair for me to comment about a personnel matter or what was said in an executive session,” he said.
Capparelli did not return calls seeking comment Friday.
When reached by phone Friday, Councilman Larry Hug said he had not seen the letter. Councilman Pat Mudron, who also had not seen the letter, said he would support Malec’s efforts to appeal her case to the City Council and questioned Capparelli’s handling of the situation. Other council members did not return calls.
Malec said Wednesday she was told she was demoted due to insubordination after she tried to schedule an administrative hearing for Sgt. Javier Esqueda, who has been described by some as a “whistleblower” for his alleged actions in making public dashcam video related to the death of Eric Lurry. Esqueda faces criminal charges of official misconduct in Kendall County related to the video.
Lurry, a 37-year-old from Joliet, was arrested by Joliet police on Jan. 29, 2020, and died hours later in a Joliet hospital.
The in-squad video that Esqueda allegedly accessed without authorization shows Lurry chewing on something as he is being transported to the police station. The video also depicts an officer slapping Lurry, who at the time appears to be passed out, on the face, and another officer using a collapsible baton to retrieve drugs from Lurry’s mouth. It also shows an officer holding Lurry’s nostrils.
The circumstances surrounding Lurry’s death prompted O’Dekirk and some members of the City Council in June 2020 to send a letter to the Illinois attorney general’s office requesting an investigation. Last month, Attorney General Kwame Raoul pointed to that letter in his announcement of a formal investigation into policing practices in Joliet. Raoul, however, also noted he would not open a criminal investigation into the circumstances surrounding Lurry’s death but was taking a look at broader questions regarding civil rights violations and policing practices.
Malec said she was terminated after making several requests to schedule an administrative hearing for Esqueda. She said she began making the requests in July after the conclusion of an investigation conducted by an outside firm. The results of the investigation have not been made public.
After two scheduled hearings were canceled, Malec said she was told to hold off on having the hearing until the conclusion of Esqueda’s criminal case. She claims she requested that direction in writing from Capparelli, but was denied. When she attempted to schedule a hearing a third time, she was fired.
An attorney representing Esqueda in his criminal matter could not be reached for comment Friday.
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Alicia Fabbre is a freelance writer.