Naperville police sergeant suspended, could face termination

Naperville fire and police commissioners have suspended a police sergeant without pay after he injured two pedestrians in an accident last fall.

Sgt. Ken Keating, who has been with the department since 1994, ultimately could be terminated under a recommendation from Chief David Dial.

In October 2008, Keating was driving a marked police vehicle while responding to an emergency call. According to Dial, Keating struck two pedestrians in the intersection of Aurora Avenue and Main Street near downtown Naperville.

"In this case his driving behavior was not in compliance with our rules and conditions of employment with the city and, quite frankly, we're not going to tolerate unsafe conduct that (demonstrated) poor judgment, which is what happened in this matter," Dial said.

The two pedestrians were hospitalized with serious injuries and subsequently released, he said. Keating was not injured.

Dial subsequently recommended the city's Board of Fire and Police Commissioners fire Keating.

Joseph Mazzone, Keating's attorney through the Metropolitan Alliance of Police, says the sergeant had his emergency lights on and examined the traffic conditions when responding to the emergency call. Both Keating and the pedestrians were crossing against the light, according to Mazzone, who was unsure if the pedestrians were in a crosswalk.

"Regardless there was probably negligence on the part of the sergeant," Mazzone said. "Does it amount to termination? Absolutely not. That is a complete overreach by the department."

The DuPage County state's attorney's office has not filed charges against Keating or the pedestrians.

Fire and police commissioners voted Tuesday to suspend Keating without pay. Still at issue is whether the board has jurisdiction over the matter.

Mazzone said there was a signed agreement from August between Keating and the department that stipulated if the sergeant violated department rules an arbitrator would preside over the case. He would not say why the agreement was signed and neither he nor Dial would comment on whether Keating had been subject to past disciplinary action.

Both sides will put together their arguments as to whether the board does or does not have jurisdiction and present them to commissioners on March 3.

If the board determines it has jurisdiction it will meet two weeks later to discuss Dial's recommendation of termination. Otherwise the matter will go to an arbitrator.