Two days after yet another hearing date was set in his ongoing battle to remain the Caseyville police chief, Jose Alvarez had his trial on two misdemeanor charges continued.
Caseyville Police Chief Jose Alvarez addresses the Village Board on March 19, 2014 / Photo by Roger Starkey
John O’Gara, Alvarez’s attorney, and special prosecutor David Rands agreed Friday to request a bench trial for the misdemeanor charges. A trial date was tentatively set for Nov. 26, but the date is dependent upon the availability of a judge, who is expected to be assigned soon.
Alvarez is charged with disturbing the peace and battery, by chest bump, against Caseyville Police Officer Frank Moore at a Feb. 19 Village Board meeting. Alvarez has pleaded not guilty to both charges.
Moore contacted the Illinois State Police on Feb. 28 to file a misdemeanor complaint against Alvarez for the Feb. 19 incident. Mayor Leonard Black, then Village Attorney John Gilbert and Caseyville police officer Woodrow Q. Hall corroborated Moore’s account of the incident and filed witness statements.
(see related: http://metroindependent.com/2014/04/25/misdemeanor-charges-filed-against-caseyville-police-chief/5879/)
Alvarez’s civil case against Caseyville, seeking his reinstatement as chief may, come to a conclusion on Oct. 3. Bob Jones, Alavarez’s attorney in the civil case, has filed motions that his client was not given a fair hearing on May 21, when he was terminated by a 4-3 vote of the Village Board and Black, and that Village Trustee Rick Casey Jr. should have recused himself from voting on Alvarez’s termination.
Casey is the subject of an ongoing Equal Employment Opportunity Commission investigation related to his alleged actions while he was supervisor of Highway Maintenance of St. Clair County. Following the investigation, conducted by Alvarez, Casey was demoted to maintenance helper at the St. Clair County Public building Commission and his salary reduced by more than $21,000 per year.
Jones first made the argument that Casey should be recused on May 21, 2014 when he sought an injunction barring Casey from voting that evening on Alvarez’s termination. Judge Stephen McGlynn ruled against Jones at that time.
“We don’t know if Mr. Casey will have a determining role,” McGlynn said. “You’d think they’d at least ask him to recuse himself,” McGlynn said.
Casey made the motion to take a vote on the termination of Alvarez May 21.
Casey signed an affidavit, submitted to the court on Sept. 12, indicating that he had no financial interest in the termination of Alvarez. One standard for a person in a public body to recuse himself or herself from a vote, McGlynn said on Aug. 20, is financial ties.
Public records show that Casey made $66,138.73 as the supervisor of highway maintenance in 2012 and $44,664.78 working as a maintenance helper in 2013. Court records show that Casey filed for bankruptcy in November 2013 and had a home foreclosed on in April 2014. There are no records to indicate the bankruptcy or foreclosure were directly related to the investigation.
Black signed an affidavit, also submitted to the court on Sept. 12, indicating that Alvarez and Jones “were given an opportunity to be heard” on May 21, when the mayor’s fifth attempt to have Alvarez terminated was successful. Trustee Ron Tamburello, speaking on May 21 to the Metro Independent, said he gave Jones and Alvarez a chance to address the charges.
“I read the charges, he addressed each one,” Tamburello said. “I wasn’t too happy with some of the answers he gave.”
Speaking during the May 21 meeting, Trustee Kerry Davis said Jones and Alvarez had requested a continuance to have time to address the charges against Alvarez. The continuance, Davis told the audience, is what the trustees discussed in the closed session. Trustee Brenda Williams, after the meeting, said she voted against Alvarez’s termination because she did not believe he was given due process.
“He asked for a continuance to address the charges,” Williams said. “I don’t think another two or three weeks would have been a big deal.”
(see related story: http://metroindependent.com/2014/05/21/caseyville-mayor-gets-his-wish-on-fifth-attempt-police-chief-fired/6458/)
While the saga plays out, McGlynn ordered that Caseyville cannot appoint a permanent police chief. The village attempted to dissolve that court order in a Sept. 12 filing. The Village argues that Alvarez’s termination was proper and, therefore, it should be allowed to appoint Moore as the next chief.
Moore is in position to become chief after replacing previous interim chief Scott Miller on Aug. 20. (see related story: http://metroindependent.com/2014/08/21/miller-doing-excellent-job-replaced-as-interim-caseyville-police-chief/8036/).
On Wednesday, McGlynn asked for information about all pending litigation against Casey to be submitted to the court by Friday, to help him determine if Casey should have recused himself. McGlynn took all motions under advisement at the hearing Wednesday and set the next court date for Oct. 3. Jones said McGlynn hoped to rule on all motions on that date.
