Edgar County Sheriff Department

Burgin and Hopper prevail in Edgar County Circuit Court –

EDGAR CO. (ECWd) –

The case of the Edgar County Sheriff’s (Ed Motley) v. Roger Hopper and Dee Burgin was called in court today. If you can remember back to last year, this case came about after an arbitrator ruled in their favor. The Sheriff did not agree with that decision and took it to the Circuit Court.

The Sheriff’s attorney unsuccessfully argued that they were not deputies under the merit system and consequently were not subject to union rules. Karl Farnham Jr. hired Hopper and Tim Crippes hired Burgin.

Although Judge Glenn did state that he felt the hiring of the two deputies was flawed, he did not find grounds to vacate the arbitrator’s ruling.

The Sheriff has 30 days to appeal to the Appellate Court, it is unclear at this time if the case will be appealed, or hire them back.

All parties must meet with the arbitrator again to determine the “set-off” of the reimbursement to Hopper and Burgin.

A “set-off” is the difference between what they would have made on the job as a deputy, and the amount they made working other jobs and/or drawing unemployment benefits.

More information will be published as we find it…

****UPDATE: It appears we have more information from the Defense Attorney. He left in as a comment, but I will put it in the article to keep it separated from the other comments:

I think you well know that the judge did not simply say there were no grounds to vacate the arbitrator’s award. He stated clearly, and in no uncertain terms, that not only did the law not allow him to vacate the award, but that he would have come to the same conclusions the arbitrator did in his award (the arbitrator concluded, amongst other things, that deputies Hopper and Burgin were both ultimately “merited by the Commission.” Page 20 of the the arbitrator’s award.) The judge also stated that it was his conclusion that deputies Hopper and Burgin are qualified, and the power vested in Sheriff Farnham and Sheriff Crippes is no different than the power vested in Sheriff Motley to hire deputies, and while he certainly pointed to an imperfect process as to the Merit Commission and how it has functioned in Edgar County in the past, he also stated that Hopper’s and Burgin’s appointments were not wrongful. Furthermore, the judge did not have to order deputies Hopper and Burgin back to work, the arbitrator has already done so, the judge merely affirmed that order. So, I believe your statements as to the Judge’s decision to be woefully incomplete and either inattentive as to important detail or intellectually dishonest in their telling, and appear to be driven by an agenda.

If you disagree, get the transcript and I will meet face to face to allow you the opportunity to show me how I got it wrong. We can both openly record that meeting for the sake of accuracy.

If the Sheriff decides to appeal, I have full faith and belief that a higher court will rule no differently than the arbitrator and now the circuit judge.

I will not engage in a tit for tat, and I will not make personal attacks, but I will not allow a nuanced incomplete telling of this case to go unchallenged.

Sincerely John Weathers,
Attorney for the Illinois Fraternal Order of Police Labor Council

 

 

40 replies »

  1. With the past election results of 193 votes for Hopper, it sure sent a message how Edgar Co. voters felt about him. Why would a person that disgraced want to come back. It is my understand he will make more than any of the other deputies do. I heard he was padding his paycheck and a way to prevent him from being dishonest was to give him a under the table huge raise according to Sheriff Crippes. Paying him in advance for padding the books now that is a real intelligent thing to do! Wow that should produce a interesting FIOA request. Come on Beacon News or Watchdogs hop on that one.
    Burgin is even more unpopular than Hopper. If they come back no one will have to lift a finger; they both will go back to there old ways and the complaints will flow in from the public and the sheriff’s dept. will get a back eye once again! The difference this time they will have a thousand eyes watching them and just maybe they will be made to follow rules and the laws of the land.
    Our justice system is the best in the world but not without flaws.

  2. Franklin, his comments don’t prove anything. They were not hired as outlined by law and nothing he says can change that.

  3. So Kirk does what defense says about hiring of dee and roger prove you wrong in illegal hiring of them

  4. Candy Apple: In this case, my last name is not important. I’ve not made any unfounded accusations as you did re: perjury by Sheriff Motley. I’m just asking for proof if there is any to back up what you said. But then, again, you decided to attack instead of answering the question or providing proof. That’s all I want. Proof of what you said. Is that asking too much?

    • Jane, all you have to do is request the transcripts from the arbitration meeting on October 24th 2012. It’s all in the transcript of the hearing. Now why do I need to go order a transcript for a faceless name?

      • I’m not defending anyone, but the initial cost of the transcripts could be cost prohibitive to certain individuals.

  5. Jim and Kirk,

    I think you well know that the judge did not simply say there were no grounds to vacate the arbitrator’s award. He stated clearly, and in no uncertain terms, that not only did the law not allow him to vacate the award, but that he would have come to the same conclusions the arbitrator did in his award (the arbitrator concluded, amongst other things, that deputies Hopper and Burgin were both ultimately “merited by the Commission.” Page 20 of the the arbitrator’s award.) The judge also stated that it was his conclusion that deputies Hopper and Burgin are qualified, and the power vested in Sheriff Farnham and Sheriff Crippes is no different than the power vested in Sheriff Motley to hire deputies, and while he certainly pointed to an imperfect process as to the Merit Commission and how it has functioned in Edgar County in the past, he also stated that Hopper’s and Burgin’s appointments were not wrongful. Furthermore, the judge did not have to order deputies Hopper and Burgin back to work, the arbitrator has already done so, the judge merely affirmed that order. So, I believe your statements as to the Judge’s decision to be woefully incomplete and either inattentive as to important detail or intellectually dishonest in their telling, and appear to be driven by an agenda.

    If you disagree, get the transcript and I will meet face to face to allow you the opportunity to show me how I got it wrong. We can both openly record that meeting for the sake of accuracy.

    If the Sheriff decides to appeal, I have full faith and belief that a higher court will rule no differently than the arbitrator and now the circuit judge.

    I will not engage in a tit for tat, and I will not make personal attacks, but I will not allow a nuanced incomplete telling of this case to go unchallenged.

    Sincerely John Weathers,
    Attorney for the Illinois Fraternal Order of Police Labor Council

  6. Sick of it all…. Candy Apple- you stated that the circuit judge found that they had been hired properly. Maybe your definition of “flawed” and mine are different, but it said the judge found the hiring was flawed… that by no means says they’re hiring was proper. Also, again people throwing accusations around without showing any proof, if there is any proof… you stated that Sheriff Motley committed perjury during the initial arbitration hearing…… hello??? where’s the proof and why haven’t you come forward to see that he was properly charged with perjury??
    Easy to type behind a fictitious name, but lets see some proof! I’d like to know if that actually happened, but I can guarantee I’m not taking someone’s word for it just because they decided it looked good on paper. Let’s have FACTS… PROOF… then maybe I will be able to consider taking what you say seriously… but until then, just another faceless name with nothing to back up their accusations.

    • Well Jane , what’s your last name? You are considered a faceless name…no? I know a lot of Jane’s. Pot….meet kettle

    • I think you already know the answer, but I will humor you anyway. The answer is “yes”. I also assume you know that anything the arbitrator said was subject to review in Circuit Court. Same goes for the Circuit Judge and Appellate Court. That’s how things work, in steps, similar to the steps required to become a merit commissioned deputy (until now).

    • I think it’s great that they are going back to work. They go May 9th at 9am to get their schedules. Finally some great news!! It’s too bad a lot of money had to be wasted for the same outcome.

      • Sad day for the citizens of Edgar County (if this is true). My opinion is it should have been appealed to the appellate court.

        • As a taxpayer who pays way more taxes than you John I am just glad that bleeding maybe stopped

          • So because you think you pay more taxes than someone else, you are somehow more knowledgeable? Whether you pay “way more taxes” than I do is not relevant, and you do not know what taxes I pay. “The bleeding” has only begun again with these two back on the force. (if that is what is going to happen) I guess we’ll see on Friday.

        • Are you afraid John because you don’t wear a seatbelt and smoke cigarettes and throw them out your window? You’ve jumped on kirks bandwagon and made a bad name for yourself and your family. What a shame.

          • You are definitely entitled to your opinion and I have never been and never will be afraid.
            There are several legal exceptions to wearing a seat belt.
            I quit smoking over a year ago.
            You seem to think this was Kirk’s idea and I “jumped on his bandwagon” How silly of you.
            If gaining a “bad” name means that crooked, unethical public employees, officials, and contractors have a problem with what I do, you should probably consider that 1) They got caught, or 2) They are about to get caught..
            More good names than bad names have come in the past 3 or 4 years and I am still proud to say I am a part of it.
            My family here and in Texas fully support what I do and should be of no concern to you.
            Anything else you would like to toss this way?

            BTW: Your comment only furthers the majority opinion that the soon to be reinstated individuals have some serious personality and work habit issues that need to be dealt with. But like the old saying goes: “Give them enough rope and they will hang themselves.” (not meant literally)

  7. Candy Apple seems to know as much as you dogs do I would believe candy apple before you dogs

    • You are free to believe whomever you want to believe.
      You like believing anonymous people, go ahead, but I was in the courtroom and I know what I heard the Judge say.

  8. This judge DID NOT order them back to work. He simply ruled that he found no grounds to vacate an arbitrators decision. I suspect this will go to the Appellate court as it was clear the appointments were not proper in the first place. Had the judge ruled the other way I wonder if that would have had an impact on every case those two deputies worked on that led to a conviction? If they were not hired under the guidelines of the law, which they were not, then all there actions after that fact could be null and void.

    • Nice play on words. He found no grounds to vacate the arbitrators decision which was to reinstate them immediately and make them whole. So however you want to twist words and stories which is the normal in the tabloid world. The Judge confirmed the decision which is in the language on the statute of appealing an arbitration. I don’t know why the Sheriff and his minions won’t eat crow and do what a FEDERAL ARBITRATOR has awarded and CIRCUIT JUDGE has confirmed! Does he really think he’s that much above the law?! As far as the civil rights violation, get the transcript and read it. Then maybe you could make an intelligent statement in regards to that issue which is in NO WAY SHAPE OR FORM connected to this arbitration and wrongful termination. I hope you do the next story on how the Sheriff committed perjury during the initial arbitration hearing. The sheriff has 30 days to decide if he’s going to appeal, even though he told the citizens back on March 11th that there would not be one. Read up on your law boys!! That doesn’t mean he doesn’t have to put them on payroll and reinstate them while he decides!!

      • I do have the transcript for the federal civil rights case and I did read it. I also read the judges decision in that case – the victim of police abuse won! I never said it had anything to do with this termination. Again, I hope there is an appeal and I am entitled to that opinion just like you are entitled to yours.

        You make the “tabloid” statement, which is quite amusing. Even more amusing is the the Beacon reported the same thing, I’ll type it out for you in case you didn’t read it: “Glenn’s decision does not mark a final resolution in the matter and the two deputies cannot simply return to the job.” Get on their website and call them a tabloid.

        • You incessantly imply that Terry Rogers and Dee Burgin physically violated (a convicted many times felon) civil rights. The said felon said on the stand that neither Rogers or Burgin physically searched her body cavities themselves. Officer Rogers ordered the search and Officer Burgin just happened to be called to assist in this particular call where they were arresting the subject on a warrant. Neither officer was physically present at the jail at the time of the search. The sheriffs department, sadly, at the time she was arrested had no standard operating procedures in regards to searching therefore this whole case slipped through the cracks from the beginning. Furthermore, this arrest began with a city officer and ended up costing the county? And me Rogers still has his job because he was just doing his job in the first place.

    • Clear to who that the appointments were not proper in the first place?? You really have your head up xxxxxxxxxxx. You mean it’s clear to a federal arbitrator and a circuit judge that they were hired properly therefore wrongfully terminated but it’s not clear to you so that makes it “clear they weren’t hired proper”? You’re losing credibility every story.

      • Yes, the FEDERAL ARBITRATOR gave his award on July 22, 2013. To be reinstated and made whole. Now the CIRCUIT JUDGE ruled on April 25th that there was no grounds to vacate the arbitrators decision. That means….they are to be reinstated and made whole because the judge CONFIRMED the arbitrators original decision that they were wrongfully terminated therefore to be reinstated and made whole. Also the sheriff stated in a story on March 11th in the paris beacon news that he would take this no further if he lost the appeal. Yet now he says he has a decision to make in taking it to the appellate court. The story ran before the election. Imagine that.

  9. This is great news! Now back to work boys, get those drugs off the streets and out of our children’s reach again!! Twice this sheriff has been ordered to put these deputies back to work. You think he’ll listen this time? Maybe he’ll leave instead!!

    • Your username being “Candy Apple”, I am assuming you are female, and I fail to understand how you would want a person wearing a badge that has been proven in federal court of violating the civil rights of a female he detained and subjected her to illegal strip and body cavity searches. But hey, it’s your conscience…

      My hope is that it gets appealed to the appellate court.

      • How discriminatory. Candy Apple means I’m a female? If I had a criminal record as long as the plaintiff had I would expect to be searched. She was known on many occasions to shove her drugs in her body cavities but none of that was allowed in the trial. She has also since been in trouble with the law. These officers were doing their job and that’s a fact! They did not touch any part of her unclothed body. The matron was called in to do the actual strip search of the plaintiff. Id rather have either of these officers order a strip search on me than xxxxxxxxxxxxxx. jmkraft writes: “In future posts, if you can’t comment without throwing out insults I will delete the entire post”

        • To me it does… please read this post from this afternoon on another 4th amendment case finding law enforcement at fault in Moultrie County (a Paris resident won the case at the Appellate level): https://edgarcountywatchdogs.com/2014/04/know-your-rights/

          Just because she “was known to” put drug in certain places, does not mean she is open and available for searching any time someone decides they want to do a body cavity search on her. It doesn’t matter what she has done since then. The matron searched what she was told to search by the two deputies – which means they effected the search.

          • Because you don’t want people to see or hear the truth!! I said nothing derogatory in my response! I basically said you call people names in almost every story you write and to take your own advice and quit calling people names. POT…..MEET KETTLE!! You have nicknames for everyone you have a personal vendetta against that you write about. Your stories are full of hatrid and nastiness. God forbid somebody hurt your feelings. This isn’t a very fair outlet to air the other side when you delete comments. I bet you love having that power.