Unjustly Fired Police Sergeant Must Be Reinstated, Arbitrator Orders Orland Park

ORLAND PARK, IL — A former Orland Park police sergeant terminated following an investigation into his claims of discrimination by department leaders was fired without just cause, an arbitrator has found.

Arbitration between the Village of Orland Park and attorneys for former Sgt. William Sanchez has been ongoing, with a decision now nearly a year after Sanchez was fired. The Village and Orland Park Police Supervisors Association laid out their arguments to Arbitrator James Dworkin over the course of several weeks, with findings issued late last month.

The end to arbitration is the latest chapter in a strained relationship between Sanchez, the department and Village, with Sanchez and one police administrator filing complaints against one another.

Sanchez was discharged in February 2024, and two days later filed a grievance with the Orland Park Police Supervisors Association. In it, Sanchez claimed he had been fired without just cause, and as disciplinary action to his filing a discrimination complaint against then-Deputy Chief Brian West.

In his complaint, Sanchez alleged racial discrimination, harassment and retaliation, naming both West and Chief Eric Rossi. Sanchez, who identifies as Hispanic, claimed that in not promoting him in rank as efficiently as his Caucasian colleagues, Rossi and West discriminated against him. A months-long private investigation proved otherwise, officials said, and Rossi and West were both cleared of any wrongdoing. Sanchez's complaint had been made "in bad faith," the Village said. West, however, had filed a complaint of his own, claiming that Sanchez had created a hostile work environment. That claim, the Village said, held up, and led to Sanchez's termination.

The Village has consistently insisted—after the investigation was completed, and throughout arbitration—that Sanchez was not harassed or discriminated against in any way by the Village or Orland Park Police Department leadership. Officials also decried the union's claims that the Village had failed to follow disciplinary procedure laid out in union and Village policies, arguing also that they had taken proper steps based on the investigation's outcome.

Sanchez's attorneys Ray Garza and Steve McQueary said the Village had relied mostly on hearsay—the witness statements taken into account during the investigation—to move forward with his firing. The Village said the investigation and its contents were a "business record." The Village also said Sanchez was given "a complete post deprivation hearing procedure" before the Board of Fire and Police Commissioners; Sanchez elected to proceed via arbitration, they said.

"The Village does not have just cause to terminate the grievant," the union argued. "To the extent there is any cause for discipline, the magnitude of discipline imposed is excessive"

Both sides hashed out their own points in a four-day arbitration hearing over several weeks in August and September 2024.

Sanchez's attorneys laid out his 20 years in the department, noting no record of disciplinary action taken against him throughout his career, and citing awards he received. Sanchez had claimed he was passed over for a promotion to lieutenant, which he says was motivated by his nation of origin.

The Village's points of contention against Sanchez date back to 2019, accusing him of insubordination, detailing the complaint filed against West and Rossi, as well as talks of a vote of no confidence against West in May 2023. A vote of no confidence never actually happened, Sanchez asserted.

Still, Dworkin said in his findings, "The problem with the relationship between Sergeant Sanchez and Deputy Chief West continued to percolate."

Rossi and West both also say Sanchez was never promised a promotion, and that none had been available when Sanchez inquired.

In May 2023, Sanchez filed a complaint against both Rossi and West, alleging he had "been the victim of both national origin and union activities discrimination." Sanchez also said that he never sought the removal of Deputy Chief West.

In its private investigation conducted by Jimmy Lee of Gold Shield Detective Agency, the Village asserted two claims about Sanchez, including he had "engaged in a pattern of conduct to undermine" both West and Rossi, and his "conduct created a hostile work environment for Deputy Chief West.”

Dworkin pointed to several issues throughout the case, including Lee not being called to testify. Lee's absence was unusual, he said. Calling the investigator to testify offers a chance to establish their credibility and reliability, as well as an opportunity to expound on their findings. Most importantly, he wrote, Lee testifying would have given Sanchez's attorneys a chance to cross-examine him.

"... His absence," Dworkin said, "calls into question the fairness of the investigatory process that led to the termination of William Sanchez."

Dworkin also noted a discrepancy between the disciplinary measures taken against Sanchez, and the progressive disciplinary steps described in the Village of Orland Park Employee Handbook: oral warning, written warning, suspension and dismissal.

In the Union’s brief we find a long list of other VOP police who have received different disciplinary actions than Sergeant Sanchez. We also have testimony at the hearing from Chief Rossi that the purpose of disciplinary action is to correct behavior. Similarly, Village Manager George Koczwara testified that the Village does use corrective discipline.

— Arbitrator Dworkin

Sanchez had no disciplinary record, Dworkin continued, making him "a long-term employee with a good record.

"Deputy Chief West testified that Sergeant Sanchez was a highly competent Traffic Officer," Dworking wrote. "Village Manager Koczwara testified that Sergeant Sanchez was not discharged for poor performance.

"... What I typically find is that problem employees have a record replete with previous disciplinary actions, sometimes even including a Last Chance Agreement," Dworkin said. "This Arbitrator wonders why there is no previous disciplinary record for Sergeant Sanchez if the VOP feels that he has been involved in a so-called pattern of conduct to undermine the administration of the Police Department, and the creation of a hostile work environment for Deputy Chief West."

The Village, Dworkin said, was not able to prove the claims that Sanchez attempted to undermine administration and create a hostile work environment for West. Sanchez's firing was done without just cause, he determined, and instead, other disciplinary action could have been taken.

"If the VOP really felt that Sergeant Sanchez was creating a hostile work environment by filing complaints, he could have received some sort of progressive disciplinary action," Dworkin said.

Dworkin went on, writing, "Sergeant Sanchez is a very competent officer. I have a very hard time understanding why the VOP would not try to correct conduct they felt was inappropriate on a timely basis for such a well performing employee? There is simply not enough proof of the creation of a hostile work environment for Deputy Chief West by Sergeant Sanchez. If such a situation had been going on for so many years, certainly it should have been addressed much earlier."

Dworkin did say, though, that he did not agree with the union's claims of retaliations against a union president, a position Sanchez held at the time he filed his complaint.

"Sergeant Sanchez was the Union President and did file a complaint," he said. "He had every right to do so and in fact was encouraged to put his complaint in writing by Chief Rossi. I do not believe that Sergeant Sanchez was discharged in retaliation because of the fact he was the Union President."

Ultimately, Dworkin found in favor of Sanchez, and the Village was ordered to reinstate him to his former position, awarding him full backpay, pay for lost benefits and contributions and retirement plan(s).

In a statement released Jan. 28 and ahead of Orland Park Patch obtaining the document via Freedom of Information request, the Village disputed the outcome, insisting on the validity of Sanchez's termination.

"The Village of Orland Park acknowledges the Arbitrator’s decision in the matter of former police officer William Sanchez’s termination; however, the Village strongly disagrees with the outcome," the Village wrote. "The Village believes its decision to terminate Mr. Sanchez was made for ample cause after a thorough and impartial process, including an independent investigation conducted by an experienced external investigator and a comprehensive review of all evidence.

"... the Village had clear and justifiable reasons for its decision, supported by substantial evidence showing that Mr. Sanchez engaged in conduct detrimental to the operations and leadership of the Police Department. The Arbitrator’s conclusions regarding the evidence, its significance and the application of the just cause standard do not align with the Village’s position. Additionally, the severity of the conduct that led to Mr. Sanchez’s termination and its impact on our Police Department was not appropriately considered in the decision."

The Village will file a motion asking the arbitrator to reconsider his decision, the statement reads.

The Village of Orland Park remains steadfast in its commitment to professionalism, accountability and the well-being of its employees and the community. The Village will continue to focus on serving its residents with fairness and integrity while maintaining a safe and productive work environment for all employees.

— Village of Orland Park

In another development swirling around the department and Village—and linked to Sanchez's case—charges against a retired Orland Park Police sergeant stemming from harassment allegations by West were thrown out in Cook County court last month.

<< READ ALSO: Fake Facebook Page Case: Judge Tosses Charges Against Retired Orland Sergeant

The allegations were lodged in April 2024 against retired Sgt. Ken Kovac, who police say created fake Facebook profiles purporting to be West, then used them to defame him.

The accusations against Kovac arose amidst the investigation into Sanchez's complaint against West and Rossi. Kovac was accused of "creating two fake Facebook pages that impersonated Deputy Chief Brian West, by misusing personal photographs, engaging in activities that misrepresented West’s identity, and using an offset of the last name of Deputy Chief West," the Village previously said.

Using the accounts, the Village claimed Kovac "posted comments on Village of Orland Park social media sites while also soliciting friend requests from Orland Park Police employees and other citizens," all while portraying himself as West.

Kovac turned himself in on April 7, 2024, and was subsequently charged. Lawyers speaking on his behalf now say his arrest should have never happened.

Cook County Judge Mohammad Ahmad on Jan. 15 dismissed both charges—false personation and disorderly conduct—against Kovac.

"The judge's decision to dismiss the charges was clearly correct," said Attorney Dave Sterba, of Walsh, Fewkes, and Sterba. "The complaints were fatally defective as a matter of law, and the acts alleged do not constitute criminal conduct. These charges should never have been filed."

The Village responded to that ruling, saying West "was subjected to harassment, including anonymous deliveries and false hotline calls linked to his work.

"Despite compelling evidence in the case, the Cook County State’s Attorney’s Office was unable to secure a prosecution, failing in its responsibility to protect Deputy Chief West as a victim of these malicious acts," Interim Village Manager Jim Culotta wrote in an email to Patch last month. "The Village of Orland Park is deeply disappointed by this outcome and stands unwavering in its support of former Deputy Chief West."