OAK LAWN FIRES LAWYER AFTER ANOTHER FIRING OVERTURNED

The attorney for the Oak Lawn Civil Service Commission was fired
Monday after officials said he overstepped his bounds.

Also playing into the decision to fire James Gierach, officials say,
are his staunch opinions in favor of the legalization of drugs.

"The will of the commission was subverted, basically at the will of
this person," Oak Lawn Mayor Dave Heilmann said Monday during a
special meeting of the village board.

The board voted unanimously to fire Gierach, a Palos Park resident,
who has held the position for 10 years.

Problems arose during a hearing March 13 about an employee who
refused to take a drug test.

Under village policy, a form must be filled out in some cases before
an employee is drug-tested, Heilmann said. In this case, the employee
had been absent from work and did not need to have the form filled out.

The employee was fired and appealed the decision to the Civil Service
Commission.

Gierach said the village did not follow its own rules.

During the hearing, he said the village's policy requires the form be
filled out in all cases, including absenteeism. He told the
three-member civil service commission the case must be dropped
because the rules were not followed.

The board voted to let the employee return to work with back pay.

Heilmann said Gierach should not have forced his own opinions on the board.

"That was his opinion; lawyers are not supposed to weigh in with
their own opinions," Heilmann said. "The decision should have been
left to the commission."

Gierach said the legal issue was "cut and dry."

"If my own mother failed to take a drug test, and the village filled
out that form, she would be fired, in my judgment," he said.

Heilmann said the village most likely will appeal the ruling about
the employee to the Cook County Circuit Court.

In terms of the legalization of drugs issue, Gierach said it does not
apply in this case.

"I do not support the use of drugs," he said. "I also do not support
the continued war on drugs, which is getting stronger drugs to kids
at cheaper prices."

Heilmann said he thinks Gierach's position influenced the decision.

"Whether or not someone agrees with his opinion isn't significant,"
Heilmann said. "But given that opinion, he should be more cautious
about injecting himself into a drug question.

"I very much feel the village was cheated."