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Miller doing “excellent job,” replaced as interim Caseyville police chief

By   /  August 21, 2014  /  No Comments

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Caseyville Mayor Leonard Black told Scott Miller’s wife Wednesday morning that her husband was doing an excellent job as interim police chief. About eight hours later, Miller was out, replaced by Frank Moore.

Caseyville Mayor Len Black / Photo by Roger Starkey

Caseyville Mayor Len Black / Photo by Roger Starkey

Black and Jamie Miller were speaking outside a courtroom after Jamie Miller’s uncle, Jose Alvarez, was successful in his attempt to obtain a court order to delay Black’s attempt to appoint Moore as the full-time chief.

Alvarez was the chief before Black’s fifth attempt to have him terminated was successful. A court will now hear arguments to determine if Alvarez’s termination was proper (see related: Alvarez still in play as Caseyville Police Chief).

In a heated moment outside the courtroom, Jamie Miller asked Black what reason he had for replacing her husband as interim chief. Black said he would not discuss it at the time, but Jamie Miller continued.

“These are people’s lives you’re messing with here, do you understand that?” Jamie Miller asked.

Black did not respond.

At the Village Board meeting Wednesday evening, Black told an audience of about 50 that he did not “have any real reason” to replace Miller, who was doing a good job as interim chief. Moore, however, would have been his choice as interim chief when Alvarez was placed on administrative leave on April 28, Black said, if Moore had not been on leave from the department at the time.

After getting clarification from a board member that Moore was out on sick leave in late April, Black said that, since Moore had returned to work, he deserved to be the acting chief.

Black intended to appoint Moore, “per the judge’s order today,” and without the Village Board’s approval. Judge Stephen McGlynn ruled Wednesday morning that Caseyville could not appoint a permanent police chief until hearings could be conducted to determine if Alvarez was terminated properly. The Village could, however, change interim chiefs.

After discussion among the crowd, Board members, the mayor and outgoing Village Attorney Michael Gras, it was decided that the appointment of Moore as interim chief could be considered at the meeting. The agenda item said, “appointment of Frank Moore as Caseyville police chief,” with the intention to take a vote on appointing him as the permanent chief.

Gras advised Black that it was acceptable to appoint Moore at that meeting because McGlynn had the agenda attached to his packet of material when he ruled that Caseyville could appoint a different interim chief. The wording of the agenda item, Gras also advised, was not a hindrance because it did not specify that the appointment was for a permanent or temporary position.

With that matter settled, Black was ready to appoint Moore, when the question was raised if the mayor could appoint an interim chief without board approval. Black and Gras conferred over a piece of paper that Black brought with him. Trustee Kerry Davis said an appointment without Board approval would differ from any procedure of the past.

The question was finally answered when Brian Manion, seated in the audience, informed the Board, mayor and village attorney that the mayor could appoint without approval only if the position was vacant. Because Miller was the acting chief, Black needed the Board’s permission to appoint Moore to replace Miller. When the Board later voted to approve Weilmuenster Law Group, P.C. as the new village attorney, Manion was introduced as a member of the firm.

When a vote was taken on replacing Miller with Moore as interim police chief, Davis and fellow Trustee Ron Tamburello spoke on the matter. Davis addressed Black and questioned the need to replace Miller.

“Two weeks ago, you said there was no hurry to get a permanent chief because Sgt. Miller was doing well. I don’t understand now why you are asking to replace Sgt. Miller,” Davis said. “Given all of this, I don’t think it’s fair to anybody.”

Davis voted against the appointment before Tamburello, a former Caseyville police chief, also spoke to Black.

“You’re the mayor, whoever you want as police chief is fine with me. I vote yes,” Tamburello said.

Wally Abernathy and Rick Casey Jr joined Tamburello voting for the interim police chief switch, while G.W. Scott and Brenda Williams voted against it. Black broke the tie and Moore was named interim police chief for the fourth time in 18 months.

Moore served as the interim chief both times Alvarez was terminated by Black in 2014. Moore was also the interim chief from March 2013, when J.D. Roth was suspended, until Sept. 2013, when Alvarez was hired.

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