Western Springs has approved a settlement with a police sergeant who claimed he was fired because he had a disability.
The village Jan. 12 approved a $450,000 settlement with Sgt. Mark Battista, a 24-year veteran of the Police Department who was terminated in 2014 and reinstated in 2015 after an arbitrator ruled in his favor.
Battista was diagnosed with sleep apnea, shift work disorder and circadian rhythm disorder in 2012, shortly after he began working rotating shifts, including 6 p.m. to 6 a.m. In October 2013, Battista’s doctor told him it was no longer safe for him to work after 11 p.m. after the sergeant nearly dozed off at the wheel of his squad car and almost struck a resident, according to Battista’s federal lawsuit.
Western Springs officials approved the settlement without discussion during a special Village Board meeting that lasted less than five minutes, and took place just three days after swearing in a new police chief.
Village President William Rodeghier said the action needed to be taken in a separate meeting to comply with the Freedom of Information Act because the settlement was not listed as an action item on the board’s agenda for its Jan. 9 meeting. The board came to an agreement on the settlement in executive session at that meeting, Rodeghier said.
“It’s the right thing to do,” Rodeghier said. “I hope (the settlement) puts this behind us and we can move forward. It is the fair and responsible thing for us to do.”
The federal arbitrator ruled that the village failed to notify and discipline Battista for what police brass said was improper conduct during a year of trying to reach an accommodation with his work schedule. At the same time, the police sergeant was given “a glowing performance evaluation and ‘outstanding’ rating” during a performance review during that time, his lawsuit stated.
Village attorney Mike Jurusic said the settlement includes a couple years of back pay and attorney’s fees.
Jurusic said the village agreed to the settlement rather than go a jury trial in the case.
“There are no guarantees when you go to a jury trial,” Jurusic said.
Patrick Walsh, attorney for Battista, could not be reached for comment on the settlement.
Battista’s lawsuit had sought at least $600,000 from the village, alleging that the village discriminated against him, failed to respond expeditiously to his request for accommodation and retaliated against the police sergeant.
The suit also contended that village manager Patrick Higgins defamed Battista’s character. Battista said his reputation suffered after Higgins issued a news release claiming Battista manipulated the department and spearheaded the police rank-and-file’s vote of “no confidence” in former Police Chief Pam Church, who left the department Dec. 31.
Kevin Beese is a freelance reporter for Pioneer Press
