The city of Aurora is taking a police union to court for trying to reinstate an officer the police department fired over hidden cameras in his ex-wife’s house.
In civil litigation naming the Association of Professional Police Officers and patrol officer Daniel Wagner, the city is asking a judge to review an arbitrator’s ruling that Wagner should only be suspended for one year, according to documents filed in Kane County Circuit Court.
Hired in March 2008, Wagner’s status with the department remains terminated, police spokesman Dan Ferrelli said in an email Wednesday.
A letter to Wagner states his termination was to be effective Jan. 19, 2017, following the recommendation of Police Chief Kristen Ziman.
Aurora’s police union president, Det. Kevin Jenkins, said he’s been with the police department 30 years and to his knowledge, this is the first time the city has challenged an arbitrator’s decision.
While recognizing the city’s recourse, Jenkins said he thinks it would be fair for the city to respect the arbitrator’s ruling and return Wagner to duty or at least to the city’s payroll until a decision is made.
Wagner admitted to installing video cameras inside the Sugar Grove home he once shared with his ex-wife, according to a search warrant affidavit.
He installed the cameras, including one in the bedroom, in March 2016, while the divorce was pending and he was still living there, according to documents related to the lawsuit. He reactivated them after moving out and continued to monitor his ex-wife in her home without her knowledge or permission, according to court documents.
The cameras transmitted both audio and video to the website of the manufacturer, Nest, and could be accessed remotely with anything that had a WiFi signal, according to court documents. Court records state Wagner looked at the video daily, accessing it from devices including his city-issued phone.
The police union, which argued a 15-day suspension recommended by a commander was more “logical and reasonable” than termination, stated in court documents that the city violated a collective bargaining agreement by firing Wagner when according to policy, if an officer is charged with a felony, the officer is placed on administrative leave or reassigned with full pay and benefits until the charges are resolved. In Wagner’s case, there’s no criminal charge or complaining witness, the union argued.
In an October arbitration hearing, the city maintained that any sanction short of termination would violate public policy, according to records. Wagner chose not to testify, a decision the arbitrator noted made it difficult to understand his motivation. His ex-wife didn’t testify, either.
The Kane County State’s Attorney’s Office declined to authorize criminal charges against Wagner. First Assistant State’s Attorney Jody Gleason this week said prosecutors addressed the situation “appropriately,” considering available evidence.
Though the arbitrator found Wagner guilty of the “serious” accusations, he also determined “termination may be too harsh a remedy” and ordered a one-year suspension with Wagner returned to work on Jan. 18 this year.
“The grievant is a police officer who broke the law and the official oath he swore to upon becoming a police officer,” the arbitrator wrote. “The aggrieved party has decided to not press charges against (Wagner) because it is in her children’s best interest not to do so. The remedy needs to be severe enough that the grievant and the police community know that such behavior is not acceptable.”
But, the arbitrator wrote, the remedy should also look at circumstances: Wagner had good work evaluations and was going through a difficult divorce.
“His emotions may have clouded his judgment,” the arbitrator wrote.
Court documents quote Ziman recommending Wagner’s termination, stating his actions went “beyond ‘lack of judgment’ or emotion.”
In its complaint, the city is asking the court to review the administrative record and uphold Wagner’s termination, also granting the city additional relief “as is appropriate.”
A case management conference is scheduled May 4 in the case.
