Elgin cop's wife claims discrimination after failing interview

Editor's note: This story was corrected to say that a member of Elgin's board of fire and police commissioners is a police officer in Hoffman Estates. Elgin police incorrectly had stated that board member worked in Streamwood.

An Elgin police sergeant's wife who didn't make the police hiring list says she's a victim of age and gender discrimination and didn't get an interview with the full police and fire board.

Jane Santiago, who is seeking a way to appeal the decision, said she scored a 73 out of a minimum 75 points needed to pass the oral interview, thus failing to make the department's hiring list in December. Thirty seven people qualified.

Her 10 years of prior experience as a police officer - a job she quit to raise her children - and a military background make her the perfect candidate to work in Elgin, said Santiago, whose husband Rick is a sergeant.

Santiago asked the board of fire and police commissioners in mid-December to reconsider its decision. The board is expected to discuss that in closed session Thursday, city officials said.

Initially, Santiago objected to the fact that Police Chief Jeff Swoboda, a board member, recused himself from her interview, leaving the remaining four members to conduct it. That put her at a disadvantage, she said.

"I had four opinions deciding my score instead of five and I feel, had representation from the police department been present, I would not have been eliminated as a candidate," her letter to the board states.

The 44-year-old Santiago also said she believes she was a victim of age and gender discrimination. "I think it's the fact that I'm a female, and an older female at that," she said.

Board Chairman Thomas Aagesen didn't return a request for comment.

Santiago was the oldest among seven women interviewed by the board last fall; four of them, ages 22 to 37, made the hiring list, said Elgin human resources specialist Tim Bennett, who serves as board liaison.

Swoboda pointed out one of the other board members is a police officer. That board member works in Hoffman Estates.

"The board decided that the remaining board members would conduct the interview, and that there was adequate police and fire representatives that attended," he said.

The police chief, along with the fire chief, became board members in the fall because they wanted direct input in selecting candidates. At a minimum, Santiago contends, another Elgin police representative should have taken Swoboda's place.

"If they remove themselves from an interview, then why bother to have this process at all?" Santiago said. "(The process) is to ensure that all candidates are treated fairly. Clearly, this is not the case in Elgin. They make the rules but do not have to follow them."

Also, Swoboda didn't recuse himself when the board interviewed Brad Duffy, who was hired in December and is the son of former Elgin Deputy Chief Robert Duffy, Santiago said.

Swoboda said the circumstances were different. "I recused myself from the (Santiago) interview because I have a friendly relationship with the Santiagos and felt it was the best thing to do," he said. "It's not whether I know somebody; it's whether or not I had a conflict with this individual."

There is no formal appeal process for the board of fire and police commissioners, Bennett said. However, on Thursday's agenda is a review of the board's rules and regulation, which might lead to a discussion about whether an appeal process should be created, he said.

State law doesn't set an appeal process for entry-level police positions, said John Broihier, attorney for the Illinois Fire and Police Commissioners Association. That's up to each individual board, and in most cases, the only recourse for candidates is to file for administrative review in circuit court, he said.

"It occurs on occasion, but you see it probably a little more with the promotional process," he said.

In Aurora, applicants who don't make the police hiring list, or disagree with their placement on the list, can file an appeal to ensure due process, said Clayton Muhammad, Aurora's director of communications and public information.

"The appeal process allows for a system of checks and balances so that civil service rules are applied properly," he said.

Santiago also contacted city council members about the matter.

"I do think there's a problem that we have not got an appeals process," Councilman Terry Gavin, who said he looked into the issue. "Moving forward, we'll look at fixing that."

Gavin also said there should be clear rules regarding who replaces board members when they have a conflict of interest. "Somebody should have taken (Swoboda's) place," he said.

Still, Gavin said, he doesn't believe Swoboda's absence was a deciding factor in Santiago's final score.

Elgin needs to implement an appeals process and set clear rules regarding conflicts of interest, said Santiago, who hopes an appeal review will find she's a qualified candidate. "Elgin doesn't want to take responsibility for this," she said, "and it's just not right."

The board takes its task seriously, Swoboda said. "The (hiring) list that was established is made up of outstanding individuals who will serve this city well," he said. "I am proud of this commission, their hard work and the end result."