Former Elburn police chief sues for severance

Elburn's former police chief is suing the village for nearly $148,000 in severance pay, along with unused sick days and holiday time that he claims he has not received since his departure in mid-2009.

James Linane filed a breach of contract lawsuit in Kane County Court this month, seeking a total of $147,665.48, plus attorney fees.

Elburn Village President David Anderson said he had not been served with the suit, but added that Linane has been paid in full.

“To the best of my knowledge, Mr. Linane has been compensated for all that was owed,” said Anderson, who could not immediately specify how much was paid. “It was done some time ago.”

According to the suit, Linane could be dismissed with or without cause but his employment agreement provided that “a reasonable severance package would have to be determined consistent with village policy in such an event.”

Linane, in the lawsuit, argues he should receive $62,369.40 in severance, which is equivalent to one month pay for every year of service since he started in May 2001.

Linane also seeks back pay for holidays, sick time and personal days, a total he says is $85,296.68.

The suit claims that after Anderson was elected in April 2009, he asked Linane and three other department heads to resign.

Linane refused and Anderson appointed Cmdr. Steven Smith as chief.

Linane's attorney, Glenn Gaffney, said his client has not received any money from the village.

“That's ridiculous that (Anderson) would say (Linane was paid),” Gaffney said. “He wasn't paid a dime for severance. The village has failed to provide any rational explanation as to why it has not complied.”

Gaffney said his client was offered a severance package “dramatically less than he was entitled to,” but Gaffney could not provide specifics nor a dollar amount.

The two sides are due in court on March 3.