Former police chief sues village
By Keith Beebe
on December 24, 2010
by Keith Beebe
ELBURN—The former police chief of Elburn has filed a lawsuit against the village.
James Linane, who was Elburn’s police chief from May 2001 to July 2009, filed a lawsuit on Dec. 3 alleging that the village of Elburn owes him $147,665.48 in accrued unpaid severance, holiday, personal day and sick pay, as well as compensation time.
Linane was one of four Elburn department heads asked by Dave Anderson to resign after Anderson was elected village president in April 2009. Anderson said at the time that he would interview all four with the possibility of re-hiring them. According to the lawsuit, Linane declined to resign and was terminated without cause on or about July 29, 2009.
Linane’s hiring agreement with the village, which he entered into on or about May 7, 2001, specified that Linane’s position as chief of police was subject to termination with or without cause, but such an event would necessitate a reasonable severance package consistent with village policy.
The lawsuit states that the village policy was to pay one month of severance for each year of service, which would result in a severance payout of $62,369.40 to Linane. Accrued unpaid holidays, personal days, sick pay and compensation time account for the remaining $85,296.68 of the sought amount.
“As a result of my not being reappointed, a number of compensation issues were not resolved consistent with the personnel manual, nor with my employment agreement which now necessitates legal action through the courts,” Linane said in a prepared statement. “I gave total effort to the village of Elburn during those eight years and held up my part of the conditions of my employment agreement, as well as to the village of Elburn personnel manual. The village of Elburn has not.”
Dave Anderson declined to comment.