Here's Why Arbitrator Overturned Joliet Police Board's Decision

JOLIET, IL — Four days before Christmas, Joliet Police Sgt. Chris Schott learned that Illinois arbitrator Edwin Benn had overturned Joliet's police and fire board's May decision to reject his promotion to lieutenant.

Benn ruled Schott's promotion to Joliet police lieutenant will be retroactive to April 22. The arbitrator's ruling means Schott should get eight months of retroactive salary increases.

In May, the Joliet police and fire board rejected Schott's promotion, citing concerns with Schott's recent discipline. In March, Joliet Police Chief Dawn Malec informed Schott, then a Joliet police sergeant, that she was giving him a 10-day unpaid suspension as a result of his behavior at an off-duty Christmas party attended by several Joliet police detectives.

At the time of the incident, Sgt. Schott worked in the investigations unit. As a result of his behavior at the party, Schott was also reassigned from investigations to the traffic patrol unit.

"Grievant took ownership of his off-duty misconduct," Benn's ruling concluded. "The discipline was corrective — and it worked. The incident of off-duty misconduct for which Grievant was disciplined was a 'one-off' and cannot diminish Grievant’s otherwise good record."

Benn concluded the police and fire board "ignored or did not give appropriate weight to this important factor when it denied Grievant’s promotion ... The main focus must be on the 10-day suspension for off-duty misconduct which occurred at a shift party.

"Grievant took responsibility for his misconduct and did not challenge the suspension through the grievance process and further apologized for his actions."

Benn determined that Todd Wooten and the rest of the police and fire board who voted to reject Schott's promotion to lieutenant were incorrect in doing so.

"As noted above, discipline is meant to correct misconduct and not punish the employee," Benn wrote. "Grievant’s acceptance of the disciplinary action along with his apologizing for his actions shows that the discipline had its corrective effect. Grievant understood the message that the Department cannot tolerate the type of conduct engaged in by Grievant – even if off duty."

The arbitrator gave significant weight to Chief Malec's letter to the police and fire board supporting Schott's promotion to lieutenant.

In her March letter, Malec remarked, "I have reviewed the work history of Lieutenant candidate Christopher Schott and found that throughout his career he has received numerous Unit Merit awards, Division Recognitions, Commendations, and letters of appreciation from citizens. In addition, his disciplinary record for the last five years reveals a 10-day suspension in 2021 for Conduct Unbecoming and an oral reprimand in 2020 for Failure to Exercise Due Care. As a result, I find no cause to prevent him from performing his duties if promoted to the rank of lieutenant," according to the arbitrator's ruling.

"Just cause to deny Sergeant Christopher Schott’s promotion to lieutenant is not supported by the evidence," Benn ruled. "As a remedy, Sergeant Schott shall immediately be promoted to lieutenant as he would have been had the Board of Fire and Police Commissioners found that he should have been so promoted on April 22, 2021, and his promotion to lieutenant shall be made retroactive to that date."

As for Malec, she was removed as Joliet's police chief in early October after less than nine months in the job. Malec was told she was fired as a city employee by city manager Jim Capparelli, but Capparelli was unaware of a city statute that allowed for Malec to return to her previous rank and position, which is police lieutenant.

"Privately, Capparelli had nothing but disdain for Chief Malec," Wooten told Joliet Patch in October. "In the two private conversations I had with Capparelli, he referred to Malec as dumb, an unmotivated lump, in over her head, and as always having an expressionless look on her face.
He also stated, the only reason she got the job was because Herb Lande was on some kind of liberal tangent."

Last week, Joliet Patch broke the news that Malec is willing to leave and retire in 2022 if Joliet gives her a lump sum payout of $400,000 "to compensate her for the damage to her reputation," according to a letter sent to Capparelli by Malec's lawyer, Naomi Frisch of the Chicago law firm of Asher, Gittler & D'Alba.

As for Benn, he is the same arbitrator who overturned the Joliet police and fire board's decision to reject Officer Rich Olson's promotion to become a sergeant, last summer.

Back in November 2018, Olson initiated an off-duty chase in his squad car that resulted in a crash for the person he was chasing along Bridge Street. Olson then drove away from the crash and did not notify anyone at the Joliet Police Department about the incident.

In 2019, Police Chief Al Roechner gave Olson a five-week suspension for the incident.

Related Joliet Patch coverage:

Joliet Cop Who Misbehaved At Police Party Becomes Lieutenant

Arbitrator Overrules Joliet's Police Board: Olson Made Sergeant