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HomeMy WebLinkAboutResolution #5463 - disciplinary action with respect to a commissioned officer of the police department RESOLUTION NO. 5463 A RESOLUTION REGARDING DISCIPLINARY ACTION WITH RESPECT TO A COMMISSIONED OFFICER OF THE CANTON POLICE DEPARTMENT WHEREAS, the City of Canton, Fulton County, Illinois is a non-home rule unit of government; and WHEREAS, pursuant to the Collective Bargaining Agreement between the City of Canton, Illinois and Illinois Fraternal Order of Police Labor Council, Unit#840, for the period of May 1,2021 to April 30,2024(the"CBA"), the City has the option to implement any disciplinary actions it deems necessary based upon the circumstances, which may include, but not be limited to, any of the following: (a) Oral Warning; (b) Written Warning; (c) Suspension without pay; or (d) Discharge; WHEREAS, Kevin Morrow ("Morrow") is a Commissioned Officer, as defined in the CBA,with the City; WHEREAS,on or about November 16,2023,the City's Chief of Police,Michael Eveland ("Police Chief'), filed an Officer Conduct Complaint ("Complaint") in relation to an incident involving Morrow that took place on November 16, 2023 (the"Incident"); and WHEREAS, the Police Chief then opened a formal investigation (the "Formal Investigation") against Morrow and provided Morrow a Notice of Formal Investigation and Interrogation on December 6, 2023; WHEREAS, on December 23, 2023, Morrow was placed on paid administrative leave pending the outcome of the Formal Investigation; WHEREAS, on December 23, 2023, the Police Chief served Morrow with an Amended Notice of Formal Investigation and Interrogation, which further notified Morrow that an interrogation would take place on January 2,2024; WHEREAS,the Police Chief conducted the interrogation on January 2,2024,and Morrow was present with union representative, David Gass; WHEREAS, pursuant to applicable law, Morrow was provided with a recording of the interrogation; WHEREAS, on February 2, 2024, the Police Chief issued an Investigation Report and Recommendation of Discipline, which Morrow was allowed to review(along with all supporting materials) and to provide a written or oral response within five (5) days; WHEREAS,Morrow did not provide any written or oral response within five (5) days; 1 WHEREAS, the corporate authorities of the City have reviewed the Final Investigation Report and Recommendation of Discipline and,for the reasons set forth therein,believe it is in the best interests of the City of Canton to impose discipline as set forth in this Resolution. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,ILLINOIS,AS FOLLOWS: 1. Recitals. The Recitals set forth above, and all facts and statements contained therein, are found to be true and correct and are hereby incorporated and adopted as part of this Resolution. 2. Disposition of Complaint. The Complaint is hereby SUSTAINED. 3. Disciplinary Action. Kevin E. Morrow is hereby DISCHARGED from employment with the City of Canton,effective immediately. 4. Notice of Final Disposition and Discipline. The Police Chief shall issue a Notice of Final Disposition and Discipline to Morrow promptly following the approval of this Resolution. 5. Effective Date. This Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton,Illinois at a regular meeting this 15th day of February, 2024,upon a roll call vote as follows: AYES: Alderpersons Grimm, Chamberlin, Lovell, Gossett, Ketcham, Lingenfelter NAYS:None ABSENT: Alderpersons Hale,Nelson APPROVED: Uwl Kent McDowell, r ATTEST: Brea J. Smith-Walters, City Clerk 2