Fire & Police Commission

Page 1 BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF NILES, ILLINOIS IN THE MATTER OF: ) ) ) CHIEF OF POLICE ) LUIS TIGERA )BFPC 2021-01 ) v. ) ) SGT. NICHOLAS BEYER ) REPORT OF THE PROCEEDINGS held in the above entitled cause before Chairman Barry Mueller, called by the Village of Niles Board of Fire and Police Commissioners, taken by Steven Brickey, CSR, RMR, CRR, for the State of Illinois, 7000 West Touhy Avenue, Niles, Illinois, on the 6th day of July, 2021, commencing at the hour of 7:03 p.m.  July 6, 2021 Page 2 1 A P P E A R A N C E S 2 MR. BARRY MUELLER, Chairman MR. STEVE BORKOWSKI, Commissioner 3 MR. ROBERT DART, Commissioner CHIEF LUIS TIGERA, Police Chief 4 LANER MUCHIN 5 BY: MS. JILL P. O'BRIEN 515 North State Street 6 Suite 2800 Chicago, Illinois 60654 7 (312) 467-9800, jobrien@lanermuchin.com 8 Appeared on behalf of the Village of 9 Niles; 10 KLEIN, THORPE & JENKINS, LTD BY: MR. MICHAEL T. JURUSIK 11 20 North Wacker Drive Suite 1660 12 Chicago, Illinois 60606 (312) 984-6400, 13 mtjurusik@ktjlaw.com 14 Appeared on behalf of Board of Fire and Police Commissioners; 15 16 17 18 19 20 21 22 23 24 L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 3 1 CHAIRMAN MUELLER: Okay. So I'd 2 like to call this meeting to order at 7:03. We 3 had a posted agenda, but there's been some 4 developments that we'll discuss after we call 5 roll. 6 Okay. So I'd like to call roll. 7 For the Commissioners, Steve Borkowski? 8 COMMISSIONER BORKOWSKI: Here. 9 CHAIRMAN MUELLER: Robert Dart? 10 COMMISSIONER DART: Here. 11 CHAIRMAN MUELLER: Barry Mueller I'm 12 the chair. And -- 13 MR. JURUSIK: Michael Jurusik, Board 14 of Fire and Police Commission counsel. 15 MS. O'BRIEN: And I'm Jill O'Brien, 16 attorney for the Village. 17 CHIEF TIGERA: Luis Tigera, chief of 18 police. 19 CHAIRMAN MUELLER: And we have no 20 public attendees. 21 MR. JURUSIK: Yeah. Just call for 22 public comment. 23 CHAIRMAN MUELLER: Is there any 24 public comment? L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 4 1 MR. JURUSIK: Seeing no one in the 2 audience, also just on behalf of the Board we 3 received no e-mails or any communications from 4 anybody who submitted requests for public comment 5 or comments relative to this -- this matter here 6 tonight. 7 CHAIRMAN MUELLER: So now in terms 8 of the special development, would you like me 9 to -- 10 MR. JURUSIK: Just hit the -- 11 CHAIRMAN MUELLER: We don't -- 12 MR. JURUSIK: Just acknowledge that. 13 CHAIRMAN MUELLER: We don't have any 14 minutes to approve. 15 MR. JURUSIK: Right. 16 CHAIRMAN MUELLER: And we don't have 17 any unfinished business. So new business, would 18 you like me to read these? 19 MR. JURUSIK: Yeah, why don't ya. 20 CHAIRMAN MUELLER: Okay. So in the 21 matter of the Chief of Police Luis Tigera as the 22 complainant and Nicholas Beyer, the respondent, 23 and it's BFPC 2021-01. This is an order 24 acknowledging the Village acceptance of L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 5 1 resignation and decision not to move forward with 2 the disciplinary hearing on the complaint filed by 3 the Village of Niles Police Chief Luis Tigera to 4 terminate respondent Sergeant Nicholas Beyer. 5 This matter becoming -- this 6 matter coming to be heard before the Board of the 7 Fire and Police Commissioners of the Village of 8 Niles, the Board, on July 6th, 2021, at 7:00 at 9 the Training Room in the Village of Niles Police 10 Department located at 7000 West Touhy Avenue, 11 Niles, Illinois 60714, on Complainant Chief of 12 Police Luis Tigera's complaint (the "complaint" or 13 "charges") filed against Niles Police Sergeant 14 Nicholas Beyer ("Beyer" or "respondent") 15 requesting that the Board make a determination 16 that there is probable cause to move forward with 17 the disciplinary hearing on the charges filed 18 against Beyer for certain alleged misconduct and 19 that the hearing be commenced and conducted on 20 behalf of those charges. 21 Beyer has been represented by 22 legal counsel and who have been provided with 23 adequate notice and after all parties have had an 24 opportunity to be heard the Board, being fully L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 6 1 advised in the premises and having jurisdiction of 2 the subject matter, issues the following order. 3 Background. On June 18th, 2021, 4 Complainant Police Chief Luis Tigera filed a 5 document entitled Complaint with the Board and 6 legal counsel for Police Sergeant Nicholas Beyer, 7 Attorney Scott P. Moran of the Law Offices of 8 Thomas W. Duda. The complaint requests that the 9 Board make a determination that there is probable 10 cause to move forward with the disciplinary 11 hearing on the charges filed against Beyer for 12 certain alleged misconduct and that a hearing be 13 conducted on those charges. 14 For relief, the complainant -- 15 the complaint seeks the termination and discharge 16 of Beyer for cause for certain alleged misconduct 17 and also requests that Beyer be suspended without 18 pay during the pendency of the hearing. 19 The complaint was filed with the 20 Board and served by personal delivery on Beyer and 21 also served on legal counsel for Beyer by United 22 States Mail and electronic mail. 23 Two. On July 2nd, 2021, 24 Attorney Moran filed an appearance with the Board L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 7 1 on behalf of Beyer as well as two procedural 2 motions, a Motion in Opposition to Suspend 3 Respondent Without Pay and Respondent's Motion in 4 Support to Conduct Hearing in Closed Session. 5 Three. On July 6th, 2021, 6 Attorney Moran, counsel for Beyer, filed a 7 resignation letter dated July 6th, 2021, executed 8 by Beyer which stated it was effective immediately 9 upon receipt by the Village and served the 10 resignation letter on both the attorney for the 11 complainant and the Board attorney Michael Jurusik 12 by e-mail dated July 6th, 2021, and sent at 3:42 13 p.m. 14 Four. On July 6th, 2021, Jill 15 O'Brien, counsel for the Village and complainant, 16 acknowledged the Village's receipt of the 17 resignation letter and acceptance of the 18 resignation of Beyer from the Niles Police 19 Department in an e-mail communication with 20 Attorney Moran and Board Counsel Jurusik. 21 Five. On July 6th, 2021, the 22 Board, at a special meeting, received and reviewed 23 the resignation letter and Attorney O'Brien 24 confirmed and acknowledges the Village's receipt L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 8 1 of the resignation letter and acceptance of the 2 resignation of Beyer from the Niles Police 3 Department in an e-mail communication with 4 Attorney Moran and Board Counsel Jurusik. 5 It is the order of the Board 6 that Beyer has resigned from the Niles Police 7 Department effective immediately and, therefore, 8 the Board will not move forward with the hearing 9 on the charges to determine the validity of 10 ascertations of misconduct set forth in the 11 complaint. 12 A motion to approve this 13 order -- I'm looking for a motion to approve this 14 order. So I'm looking for a motion and a second. 15 COMMISSIONER DART: So moved. 16 COMMISSIONER BORKOWSKI: Second. 17 CHAIRMAN MUELLER: Okay. So the 18 motion is Robert Dart and the second is Steve 19 Borkowski. 20 MR. JURUSIK: And if we can just 21 make an amendment -- a friendly amendment to the 22 motion. 23 Paragraph 5 we're just going to 24 amend Paragraph 5 of the order to reflect that -- L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 9 1 and we'll let the chief speak. Chief, could you 2 acknowledge on behalf of the Village that you, in 3 fact, have also received the resignation letter 4 and that you have accepted it on behalf of the 5 Village and it is effective immediately per its 6 terms? 7 CHIEF TIGERA: Absolutely. On 8 behalf of the Village and the police department, I 9 accept Sergeant Beyer's resignation letter 10 effective immediately. 11 MR. JURUSIK: Okay. I'll make that 12 edit. This -- this is a draft order. I will do 13 some cleanup work on it, but you'll be approving 14 the substance and the content as amended with this 15 motion that's pending. 16 CHAIRMAN MUELLER: Okay. So we have 17 a motion and a second. I'm going to take the roll 18 call. Commissioner Borkowski? 19 COMMISSIONER BORKOWSKI: Yes. 20 CHAIRMAN MUELLER: Commissioner 21 Dart? 22 COMMISSIONER DART: Yes. 23 CHAIRMAN MUELLER: And Chairman 24 Mueller, yes. L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 10 1 MR. JURUSIK: We're really done. 2 Now -- now, you can just go to a motion to adjourn 3 and -- 4 MS. O'BRIEN: Can I just ask -- 5 MR. JURUSIK: Oh, sure. 6 MS. O'BRIEN: -- one question off 7 the record for a second? 8 MR. JURUSIK: Sure. 9 (Whereupon, a discussion was had 10 off the record.) 11 MS. O'BRIEN: We have a court 12 reporter here. So we're trying to make sure that 13 that's all clear for the record, Scott, and I 14 don't want to put words in your mouth, but I also 15 want to make sure since the motion was pending. 16 MR. MORAN: So I was under the 17 impression there wasn't going to be a hearing 18 tonight. That's why I didn't appear. I wasn't 19 trying to be disrespectful to the Commission. So 20 if I missed something here, I apologize. 21 MS. O'BRIEN: I was -- I was only 22 asking about the motion. Are you withdrawing the 23 motion? 24 MR. MORAN: Yes. L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 11 1 MS. O'BRIEN: So the motion would be 2 the one about the two motions you filed on Friday? 3 MR. MORAN: Yes. 4 MS. O'BRIEN: Okay. So do you 5 also -- as his attorney, can you confirm he has 6 the capacity to voluntarily resign as he did 7 today? 8 MR. MORAN: He does, yes. 9 MS. O'BRIEN: Okay. Because we 10 haven't seen any medical. I don't want there to 11 be a dispute down the road. I'm not trying to 12 sandbag you. 13 MR. MORAN: No, he has the mental 14 capacity in order to resign. 15 MS. O'BRIEN: Okay. 16 MR. JURUSIK: Based on those 17 comments which have been taken down on the record, 18 I think the Board can move forward and dispose of 19 this matter as -- as we have talked about. 20 MS. O'BRIEN: Thanks for taking the 21 call, Scott. 22 MR. JURUSIK: Thank you, Scott. 23 MR. MORAN: All right. Thank you. 24 MS. O'BRIEN: Bye. L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 12 1 MR. JURUSIK: Okay. 2 CHAIRMAN MUELLER: So do we need a 3 motion or are we all set? 4 MR. JURUSIK: Now, we just do a 5 motion to adjourn and you're -- you're done. 6 CHAIRMAN MUELLER: I'm looking for a 7 motion to adjourn. 8 MR. JURUSIK: Unless do you want 9 them to do -- to acknowledge -- I mean, it's on 10 the record. I don't think we have to acknowledge 11 anything. I think we just do a motion to adjourn 12 and we're done. 13 COMMISSIONER BORKOWSKI: So moved. 14 COMMISSIONER DART: Second. 15 CHAIRMAN MUELLER: I'll take the 16 roll call at 7:16. Commissioner Borkowski? 17 COMMISSIONER BORKOWSKI: Yes. 18 CHAIRMAN MUELLER: Commissioner 19 Dart? 20 COMMISSIONER DART: Yes. 21 CHAIRMAN MUELLER: And Chairman 22 Mueller, yes. The meeting is adjourned. 23 24 L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 13 1 BEFORE THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF NILES, ILLINOIS 2 3 I, Steven Brickey, Certified Shorthand 4 Reporter, do hereby certify that I reported in 5 shorthand the proceedings had at the trial 6 aforesaid, and that the foregoing is a true, 7 complete and correct transcript of the proceedings 8 of said trial as appears from my stenographic 9 notes so taken and transcribed under my personal 10 direction. 11 Witness my official signature in and for 12 Cook County, Illinois, on this ________ day of 13 _________, A.D., 2021. 14 15 16 17 18 _____________________________ STEVEN BRICKEY, CSR, RMR, CRR 19 8 West Monroe Street Suite 2007 20 Chicago, Illinois 60603 Phone: (312) 419-9292 21 CSR No. 084-004675 22 23 24 L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 14 A Background 6:3 6:11,13 8:9 counsel 3:14 5:22 entitled 1:9 6:5 A.D 13:13 Barry 1:9 2:2 3:11 Chicago 2:6,12 6:6,21 7:6,15,20 executed 7:7 Absolutely 9:7 Based 11:16 13:20 8:4 becoming 5:5 chief 1:5 2:3,3 3:17 County 13:12 F accept 9:9 acceptance 4:24 behalf 2:8,14 4:2 3:17 4:21 5:3,11 court 10:11 fact 9:3 7:17 8:1 5:20 7:1 9:2,4,8 6:4 9:1,1,7 CRR 1:10 13:18 filed 5:2,13,17 6:4 accepted 9:4 Beyer 1:7 4:22 5:4 cleanup 9:13 CSR 1:10 13:18,21 6:11,19,24 7:6 acknowledge 4:12 5:14,14,18,21 6:6 clear 10:13 11:2 6:11,16,17,20,21 Closed 7:4 D Fire 1:1,10 2:14 9:2 12:9,10 acknowledged 7:16 7:1,6,8,18 8:2,6 coming 5:6 Dart 2:3 3:9,10 3:14 5:7 13:1 acknowledges 7:24 Beyer's 9:9 commenced 5:19 8:15,18 9:21,22 Five 7:21 acknowledging BFPC 1:5 4:23 commencing 1:11 12:14,19,20 following 6:2 4:24 Board 1:1,9 2:14 comment 3:22,24 dated 7:7,12 foregoing 13:6 adequate 5:23 3:13 4:2 5:6,8,15 4:4 day 1:11 13:12 forth 8:10 adjourn 10:2 12:5 5:24 6:5,9,20,24 comments 4:5 decision 5:1 forward 5:1,16 12:7,11 7:11,20,22 8:4,5,8 11:17 delivery 6:20 6:10 8:8 11:18 adjourned 12:22 11:18 13:1 Commission 3:14 department 5:10 Four 7:14 advised 6:1 Borkowski 2:2 3:7 10:19 7:19 8:3,7 9:8 Friday 11:2 aforesaid 13:6 3:8 8:16,19 9:18 Commissioner 2:2 determination 5:15 friendly 8:21 agenda 3:3 9:19 12:13,16,17 2:3 3:8,10 8:15,16 6:9 fully 5:24 alleged 5:18 6:12 Brickey 1:10 13:3 9:18,19,20,22 determine 8:9 development 4:8 G 6:16 13:18 12:13,14,16,17,18 business 4:17,17 12:20 developments 3:4 go 10:2 amend 8:24 going 8:23 9:17 amended 9:14 Bye 11:24 Commissioners 1:1 direction 13:10 1:10 2:14 3:7 5:7 discharge 6:15 10:17 amendment 8:21 C 13:1 disciplinary 5:2,17 8:21 H anybody 4:4 C 2:1 communication 6:10 call 3:2,4,6,21 9:18 discuss 3:4 heard 5:6,24 apologize 10:20 7:19 8:3 hearing 5:2,17,19 appear 10:18 11:21 12:16 communications discussion 10:9 called 1:9 dispose 11:18 6:11,12,18 7:4 8:8 appearance 6:24 4:3 10:17 Appeared 2:8,14 capacity 11:6,14 complainant 4:22 dispute 11:11 cause 1:9 5:16 6:10 disrespectful 10:19 held 1:8 appears 13:8 5:11 6:4,14 7:11 hit 4:10 approve 4:14 8:12 6:16 7:15 document 6:5 certain 5:18 6:12 draft 9:12 hour 1:11 8:13 complaint 5:2,12 approving 9:13 6:16 5:12 6:5,8,15,19 Drive 2:11 I ascertations 8:10 Certified 13:3 8:11 Duda 6:8 Illinois 1:1,10,11 asking 10:22 certify 13:4 complete 13:7 2:6,12 5:11 13:1 chair 3:12 E attendees 3:20 Conduct 7:4 13:12,20 Chairman 1:9 2:2 conducted 5:19 E 2:1,1 attorney 3:16 6:7 e-mail 7:12,19 8:3 immediately 7:8 6:24 7:6,10,11,20 3:1,9,11,19,23 4:7 6:13 8:7 9:5,10 4:11,13,16,20 confirm 11:5 e-mails 4:3 7:23 8:4 11:5 edit 9:12 impression 10:17 audience 4:2 8:17 9:16,20,23 confirmed 7:24 issues 6:2 9:23 12:2,6,15,18 content 9:14 effective 7:8 8:7 9:5 Avenue 1:11 5:10 9:10 12:21,21 Cook 13:12 J B charges 5:13,17,20 correct 13:7 electronic 6:22 JENKINS 2:10 L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 15 Jill 2:5 3:15 7:14 7:20 8:4 10:16,24 11:9,15 12:1 relative 4:5 special 4:8 7:22 jobrien@lanerm... 11:3,8,13,23 opportunity 5:24 relief 6:14 State 1:10 2:5 2:7 motion 7:2,3 8:12 Opposition 7:2 REPORT 1:8 stated 7:8 July 1:11 5:8 6:23 8:13,14,18,22 order 3:2 4:23 6:2 reported 13:4 States 6:22 7:5,7,12,14,21 9:15,17 10:2,15 8:5,13,14,24 9:12 reporter 10:12 13:4 stenographic 13:8 June 6:3 10:22,23 11:1 11:14 represented 5:21 Steve 2:2 3:7 8:18 jurisdiction 6:1 12:3,5,7,11 requesting 5:15 Steven 1:10 13:3,18 Jurusik 2:10 3:13 motions 7:2 11:2 P requests 4:4 6:8,17 Street 2:5 13:19 3:13,21 4:1,10,12 mouth 10:14 P 2:1,1,5 6:7 resign 11:6,14 subject 6:2 4:15,19 7:11,20 move 5:1,16 6:10 p.m 1:12 7:13 resignation 5:1 7:7 submitted 4:4 8:4,20 9:11 10:1,5 8:8 11:18 Paragraph 8:23,24 7:10,17,18,23 8:1 substance 9:14 10:8 11:16,22 moved 8:15 12:13 parties 5:23 8:2 9:3,9 Suite 2:6,11 13:19 12:1,4,8 mtjurusik@ktjla... pay 6:18 7:3 resigned 8:6 Support 7:4 2:13 pendency 6:18 respondent 4:22 sure 10:5,8,12,15 K MUCHIN 2:4 pending 9:15 10:15 5:4,14 7:3 Suspend 7:2 KLEIN 2:10 Mueller 1:9 2:2 3:1 personal 6:20 13:9 Respondent's 7:3 suspended 6:17 3:9,11,11,19,23 Phone 13:20 reviewed 7:22 L police 1:1,5,10 2:3 right 4:15 11:23 T 4:7,11,13,16,20 LANER 2:4 8:17 9:16,20,23 2:14 3:14,18 4:21 RMR 1:10 13:18 T 2:10 Law 6:7 9:24 12:2,6,15,18 5:3,7,9,12,13 6:4 road 11:11 take 9:17 12:15 legal 5:22 6:6,21 12:21,22 6:6 7:18 8:2,6 9:8 Robert 2:3 3:9 8:18 taken 1:10 11:17 letter 7:7,10,17,23 13:1 roll 3:5,6 9:17 13:9 8:1 9:3,9 N posted 3:3 12:16 talked 11:19 located 5:10 N 2:1 premises 6:1 Room 5:9 terminate 5:4 looking 8:13,14 need 12:2 probable 5:16 6:9 termination 6:15 12:6 new 4:17 procedural 7:1 S terms 4:7 9:6 Luis 1:5 2:3 3:17 Nicholas 1:7 4:22 proceedings 1:8 S 2:1 Thank 11:22,23 4:21 5:3,12 6:4 5:4,14 6:6 13:5,7 sandbag 11:12 Thanks 11:20 Niles 1:1,9,11 2:9 provided 5:22 Scott 6:7 10:13 think 11:18 12:10 M 5:3,8,9,11,13 7:18 public 3:20,22,24 11:21,22 12:11 mail 6:22,22 8:2,6 13:1 4:4 second 8:14,16,18 Thomas 6:8 matter 1:3 4:5,21 North 2:5,11 put 10:14 9:17 10:7 12:14 THORPE 2:10 5:5,6 6:2 11:19 notes 13:9 Seeing 4:1 Three 7:5 mean 12:9 notice 5:23 Q seeks 6:15 Tigera 1:5 2:3 3:17 medical 11:10 question 10:6 seen 11:10 3:17 4:21 5:3 6:4 meeting 3:2 7:22 O sent 7:12 9:7 12:22 O'Brien 2:5 3:15 R Sergeant 5:4,13 6:6 Tigera's 5:12 mental 11:13 3:15 7:15,23 10:4 R 2:1 9:9 today 11:7 Michael 2:10 3:13 10:6,11,21 11:1,4 read 4:18 served 6:20,21 7:9 tonight 4:6 10:18 7:11 11:9,15,20,24 really 10:1 Session 7:4 Touhy 1:11 5:10 minutes 4:14 Offices 6:7 receipt 7:9,16,24 set 8:10 12:3 Training 5:9 misconduct 5:18 official 13:11 received 4:3 7:22 SGT 1:7 transcribed 13:9 6:12,16 8:10 Oh 10:5 9:3 shorthand 13:3,5 transcript 13:7 missed 10:20 Okay 3:1,6 4:20 record 10:7,10,13 signature 13:11 trial 13:5,8 Monroe 13:19 8:17 9:11,16 11:4 11:17 12:10 speak 9:1 true 13:6 Moran 6:7,24 7:6 reflect 8:24 L.A. Court Reporters, L.L.C. 312-419-9292  July 6, 2021 Page 16 trying 10:12,19 18th 6:3 11:11 two 6:23 7:1 11:2 2 20 2:11 U 2007 13:19 unfinished 4:17 2021 1:11 5:8 6:3 United 6:21 6:23 7:5,7,12,14 7:21 13:13 V 2021-01 1:5 4:23 v 1:6 2800 2:6 validity 8:9 2nd 6:23 Village 1:1,9 2:8 3:16 4:24 5:3,7,9 3 7:9,15 9:2,5,8 3:42 7:12 13:1 312 2:7,12 13:20 Village's 7:16,24 voluntarily 11:6 4 419-9292 13:20 W 467-9800 2:7 W 6:8 Wacker 2:11 5 want 10:14,15 5 8:23,24 11:10 12:8 515 2:5 wasn't 10:17,18 6 we'll 3:4 9:1 we're 8:23 10:1,12 60603 13:20 12:12 60606 2:12 West 1:11 5:10 60654 2:6 13:19 60714 5:11 withdrawing 10:22 6th 1:11 5:8 7:5,7 Witness 13:11 7:12,14,21 words 10:14 7 work 9:13 7:00 5:8 X 7:03 1:12 3:2 7:16 12:16 Y 7000 1:11 5:10 ya 4:19 8 Yeah 3:21 4:19 8 13:19 Z 9 0 984-6400 2:12 084-004675 13:21 1 1660 2:11 L.A. Court Reporters, L.L.C. 312-419-9292