Created: Thursday, May 7, 2009 10:28 p.m. CST
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Anderson defends decision not to reappoint Linane

By BRENDA SCHORY - bschory@kcchronicle.com

ELBURN - Newly elected Village President David Anderson said he did not reappoint James Linane as police chief this week because of "philosophical differences."

"I have nothing personal against Jim Linane, never did, " Anderson said. "But his idea of what a small town police chief should be did not match mine. It did not match a good share of community that I talked to. I had to make a decision. I did not fire him, I did not reappoint him."

Linane, 59, served eight years as police chief in Elburn, with a population of 4,700. Linane said he has no idea why Anderson did not reappoint him, nor does he know what "philosophical differences" Anderson is talking about.

"I came into Elburn, my job was to change the perception of Elburn ... to try to reduce the reputation of the town as a speed trap," Linane said. "To basically restore the faith of the community in the department and and to take care of the men. Eight years is proof enough that this was done. I am very proud of what did happen and the changes the department made. I am very proud of every one of my officers."

Linane said to reduce the town's reputation as a place to get a ticket, he emphasized better patrol and de-emphasized traffic enforcement.

He said he had a good working relationship with former village president James Willey and all the trustees - and was not aware of any particular complaints about him or the department from the community.

"I really don't know why I wasn't reappointed," Linane said.

Anderson appointed Commander Steven Smith as chief. As commander, Smith was Linane's second-in-charge.

"I have no problem with him taking over. He is a good choice," Linane said of Smith. "He's a professional police officer, he's got a lot of experience and I wish him well."

Smith, who retired from St. Charles Police Department as operations commander in 2004, started in Elburn in 2005.

"This is not why I came here," Smith said. "I was hired as commander, doing the same job I had done in St. Charles. I had no designs on this position, but I'm happy for the opportunity."

Mayors and village presidents can appoint or reappoint key administrators in municipalities, including police chiefs. In Elburn, the appointments are for one year. Last year, former village president James Willey did not reapoint former public works director Art Sanchez.

Smith will be the 13th police chief in Elburn since Wayne Byerhof was appointed in 1960. Byerhoff, 76, has been chief five times, sometimes serving as long as five years and sometimes as an interim chief.

Now retired, Byerhof works part-time maintaining police cars.

Other than Linane, the longest term was 17 years. According to records provided by the village, Richard Hall was chief from 1970 to 1987.

Most others served from one to five years - and one sued.

Former Elburn chief John Sizer, now an investigator with the Sugar Grove Police Department, sued the village in 2001, alleging his firing was politically motivated.

"The case dragged on for five years, they made me an offer and I took it," Sizer said.

Ironically, Linane replaced Sizer as chief.

"I don't know why they replaced Linane," Sizer said. "I've known him for a long time and always found him to be a good chief. I can say politics play a big part in the positions and appointments in that town."

The Illinois Association of Chiefs of Police spokesman Limey Nargelenas said the average tenure of a police chief in a small town is three years.

"That is the thing we live with in Illinois," Nargelenas said.

Last year, the association supported legislation that would protect police and fire chiefs from being fired when new mayors or village presidents take office. It would have required just cause for removal.

"We're still working on it," Nargelenas said. "Other states have that, Illinois is not one of them."

The legislation went nowhere, due to the opposition of the Illinois Municipal League. Larry Frang, executive director of the league, said the bill saw not reappointing a police or fire chief the same as firing.

"They said it was not right for a chief of police or fire chief to lose his job when a new mayor gets elected," Frang said.

He compared it to President Obama not being allowed to appoint a new secretary of state or the governor not being allowed to appoint a new head of the state police.

"Every officer of a municipality has a term that expires with the mayor," Frang said. "Some people have one- or two-year terms that do not exceed the term of the mayor, but each term expires on the term of the mayor."

Anderson said his decision not to reappoint Linane was not political. He said he offered Linane to stay with the department, only not as chief.

"We shook hands over it," Anderson said.

Linane said he is old enough to retire, but does not know if he would do that - but he said he would not return to work at the Elburn department. Linane said he hired a lawyer to help him put together a severance package.

"I have things that I can do and we'll see what happens," Linane said. "I felt that for 37 years, I've done my  job as a police officer professionally. I hope people think I did a pretty good job as chief. And who knows? Maybe I will be a chief somewhere else."

Elburn Chiefs of Police:
1. Wayne Byerhof - 1960-1964 - replaced Dwight Flickinger who quit
2. Leslie Williams - 1964-1965 - died
3. Wayne Byerhof - 1965-1970 - not reappointed
4. Richard Hall - 1970-1987 - retired
5. Terrence Tichava - 1987-1989 - quit
6. Wayne Byerhof - 1989-1991 - not reappointed
7. William Hare - 1991-1993 - not reappointed
8. Wayne Byerhof - 1993-1997 - not reappointed
9. Edward Kelly - 1997-1999 - died
10. John Sizer - 1999-2001 - fired
11. Wayne Byerhof - March to June 2001 - interim chief
12. James Linane - not reappointed
13. Steven Smith - newly appointed

Source: Elburn Police Department



 

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