Naperville Chief of Police Not A Cop, Gets To Double Dip Police Pension Fund

Naperville Chief of Police Not A Cop, Gets To Double Dip Police Pension Fund

Naperville Chief of Police Not A Cop, Gets To Double Dip Police Pension Fund!

So, when is a cop not a cop? When the Naperville Police Pension Board and Associate Judge Paul M. Fullerton says so! And so it goes, another reason for taxpayers to suspect that the system is totally rigged. And remember folks, I have repeatedly said that at every level, and in all branches of government – it is a cesspool of corruption. And this post is just another gleaming example of what is wrong with Illinois Public Pensions in general.

Sadly, the Average Joe’s and Josephine’s in the State of Illinois (and elsewhere in the country) must bear the burden of paying these people ridiculous pensions as they laugh all the way to the bank and thinking their taxpayers are nothing but stupid fools. And I suppose that that might be correct given so many taxpayers also refuse to participate in Elections. Especially those “off-year” Local Elections where officials like to slip things in costly tax referendums and the like.

The people of Naperville, meanwhile, have some serious egg on their faces as they have allowed the Naperville Police Pension Board to rule against them permitting Naperville Police Chief Robert Marshall to collect an annual $104,129 pension while drawing an additional $154,775 a year as chief. And if that weren’t bad enough, well guess what? Mr. Marshall is also permitted to participate in yet a third pension fund, the Illinois Municipal Retirement Fund, for his time as Naperville’s Assistant City Manager.

So let’s see – when Robert Marshall finally retires the taxpayers will be beholden to pay him three separate pension checks until the day he dies. And considering that he already collects one pension on top of his salary this man’s take is going to amount to some serious change over his, and your, lifetime. And that’s assuming Naperville is his last employment stop and only remains a Triple-Dipper!

And the reason for that is because the Naperville Police Pension Board went to bat for the police chief and it raises some serious ethical questions. And one such question has to be who they are sworn to protect – the taxpayer or crony politics? Hopefully the residents of Naperville will not forget to ask those questions the next time they are electing their powers that be?

Then again, who really knows about Naperville. After all, Naperville is affluent and maybe they don’t see this as a big issue or even care if their local government is being fiscally responsible with their tax dollars or not? And like I have said far too many times already – The People Get What They Elect! It is really is as simple as that. But I do have to think that there has to be a few people who believe in the tenets of Right and Wrong.

After all, this is America and Right and Wrong used to mean something.

Now the fact that someone at the Illinois Department of Insurance challenged the Naperville Police Pension Board Decision tells me that there are at least a few people there who understand that and tried to protect taxpayers. I give them credit for doing their due diligence. But I can’t say that about Associate Judge Paul M. Fullerton because he obviously couldn’t grasp the concept that ” if it looks like a duck, quacks like a duck and walks like a duck” – well then by golly it has to be a fu$king duck!

To say that the Naperville Chief of Police, who is first and foremost a sworn peace officer with all the powers of that office, and a man who is permitted to carry a gun and a badge is not a cop under some bogus definition in an ambiguous pension code is nothing more than ludicrous at best here.

And if a judge can’t see that, well then God help us all because this was about as common sense as it gets. Quite frankly, what this judge should have done was reject the argument made by the Naperville Police Pension Board.

Too bad the Judge couldn’t send it back to where it rightly belongs * – the Illinois State Legislature. After all, it was the Illinois Legislature who opened these floodgates of rampant Public Pension Fund Abuse and Fraud. And it is high time that the State of Illinois reduce the number of Public Pension Funds that eligible employees are permitted to belong and contribute to.

I mean doesn’t it make perfect sense that a public employee have only one retirement account regardless of the number of government or state jobs they may work in a lifetime? And wouldn’t it be exponentially easier to prevent fraud and ultimately audit an employees employment credit than what we have in place now? Damn Right It Would Be!

But Common Sense and Good Government is something of an oxymoron.

Then again maybe the truth couldn’t be any clearer. The reason we have so many Public Pension Funds is because they are also sometimes used as a means to reward longtime employees and/or political cronies. I like to call it the Democratic Machine Political Rewards Program. And by allowing so many funds it gives politicians cover and makes it that much harder for taxpayers to track the number of people pulling in multiple pension checks.

Now, this Naperville thing is certainly not the first case of multiple pension dipping nor will it be the last. But the fact that Illinois have so many municipalities that are in financial distress tells us that this issue of padding salaries and pensions is a big, big part of the problem. Sure Naperville is affluent, but even that well can run dry if tapped too often. And what about the less affluent like Blue Island where two brothers are in line for six government pensions? Let’s face it – Illinois Pension Systems are terribly unfair to taxpayers!

Besides, this decision by Associate Judge Paul M. Fullerton brings up a more important question. Such as – what ever happened to that “Retirement Means Retirement Act,” which was proposed by State Representative Jack Franks (D – Marengo) after the Metra Scandal? Wasn’t this legislation supposed to stop blatant and shameless multiple pension dipping?

Well I guess that that too was another fu$k-off moment by Illinois Lawmakers. They just are not serious when it comes to the reforming of the Illinois Municipal Retirement Fund and Illinois Public Pensions in general. Because if they were – then 40 ILCS 5 / Illinois Pension Code would have been amended a long, long time ago. Meanwhile, the State of Illinois is drowning in debt because of it.

But you know, I have always suspected that the reason Illinois Lawmakers do not want Pension Reform is because to do that would directly effect their own ability to double, triple and quadruple-dip the pension system. It would also encumber the way that nifty-neat o Democratic Political Machine Rewards Program works.

And that is exactly why Illinois House Majority Leader Michael Madigan and Illinois Senate President John Cullerton continue to bullshit and con Illinoisans into believing they will do something meaningful about Pension Reform. Reality, though, tells us Illinois Politics is far more important than fiscal responsibility. And the reason politics work the way it does is because there are an awful lot of greedy fu$king pigs who must be fed at Ye Olde Illinois Public Feeding Trough.

As for Naperville? Well let’s just say Oink-Oink!

* This author incorrectly said the judge should have rejected this and send it back to the Illinois Legislature, which according to commenter Jack can’t be done. The only option was that the Judge reject the Naperville Police Pension Board’s position (as noted in the previous paragraph ) that the Naperville Police Chief wasn’t a cop. But hey I will stand by my opinion that a cop is a cop is a cop and that no common sense was used in interpreting the Pension Code.


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  • I don't know anything about the Naperville situation, but a judge does not have the authority to remand anything to the state legislature. The only place to which he can remand something is back to the pension board.

    I suppose the judge said "that's the statute and it's protected by the pension clause."

    Also, "targeted by new bill" doesn't mean it was passed by the legislature and signed by the governor. This probably is like the thousands of bills the average legislator says in a mailing he or she has introduced each year (probably several thousand for Franks). Also, it probably would take separate bills for the state system, teachers' systems and municipal systems.

    Now in that the legislature is probably touting reform when there isn't any, that isn't news.

  • In reply to jack:

    Come on Jack In this day and age of justices rewriting law? It seems to me there are many ways for a justice to deal with the ambiguities and no doubt have been a few precedents in case law.

    As for this case the judge agreed that a cop isn't a cop (and that's really the crux of this argument) per some ambiguity of the pension code. Should have been rejected immediately where ever the hell he has the power to waste can it if that makes you happy.

    And I am gonna tell you something - JUST WAIT - the first instance this Naperville Chief of Police gets involved in an arrest, some sharp lawyer representing the perp will point back to this and say "hey this clown isn't even a cop - the judge said so."

    So really I can't buy the judicial arguments anymore when they deviate from common sense. It's akin to rewarding some douche for spilling hot coffee on their lap while driving "with a defense of "Gee I Didn't Know That When I Ordered Hot Coffee That It Was Actually Hot." (i.e. McDonalds)

    The Illinois Pension Code is fucked-up and filled will all sorts of inconsistencies. Again, more than enough ammo for any sharp judge to throw their hands up and remand it where ever the hell it needs to go.

    But hey, I do expect you defend and explain the judicial system because it shows us all how screwed-up it really is. Common sense notwithstanding.

  • In reply to Michael Ciric:

    Whether under the Administrative Review Law or certiorari, the only authority the judge has is to remand to the agency if the agency's decision is against the manifest weight of the evidence, or clearly wrong as a matter of law.

    If you want judges making up the law, remember the mess the Appellate Court caused when it decided that there was no law, and hence Emanuel gets thrown off the ballot. That didn't last long, did it? Some circuit court judge would be overturned by a higher court, and reported to the Judicial Inquiry Commission.

  • In reply to jack:

    And clearly the Naperville Police Pension Board was wrong - like I said where ever the hell the judge needs to shit can it that's where it belonged. The Pension Board clearly displayed cronyism here and the judge blew it - because a cop is a cop is a cop! Enough said already Jack. p.s. I added an asterisk and updated that paragraph. Now you can sleep tight knowing that our judges just don't exhibit common sense.

  • If you think Naperville is bad take a look at the Carol Stream Fire Protection District. They voted in February 2012 to create a "Chief Administrative Officer". In March 2012, Deputy Chief Perry Johnson announces his retirement. By the way, he was / is also President of the Pension Board. In April 2012 he becomes Chief Administrative Officer. He also is re-elected President of the Pension Board and VOTES TO APPROVE HIS OWN Pension. Now he gets a $84,000+ a year pension and an $85,000+ salary all from the same Fire Department. Guess he is a "civilian officer" so the judge would probably rule he is not a firefighter. Only in Illinois.

  • In reply to CSFDwatchdog:

    Thanks for the tidbit CSFDwatchdog will have to take a looksie. Thanks. Appreciate it.

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