Court chastises Barrington in suit, but rules in village's favor

The Illinois appellate court has characterized the village of Barrington's actions as "immoral but legal" in denying three long-serving fire officers access to higher pensions.

And recently laid-off public works employees believe the statement reinforces their belief that Barrington is earning a reputation as an unreliable employer.

Both situations contrast with the village's recent decisions to offer early retirement incentives to redundant police officers and to commit to a multi-million-dollar legal fight of Canadian National's use of local railroad tracks.

While denying the appeal of a lawsuit filed by assistant fire chiefs Char McLear and Chris Toussaint and Fire Prevention Officer Jim Feit, the appellate court admonished the village on its ability to do more to help the trio transfer credits from the pre-1995 years of their careers from the Illinois Municipal Retirement Fund to a firefighters pension fund.

Appellate Judge Joy V. Cunningham wrote that "the Village's action may have been immoral but legal. ... For reasons that are unknown from the record, it is clear that the Village chose not to acknowledge the plaintiffs' lengthy service."

All three officers served as village paramedics for 15 to 20 years before Barrington created its first full-time fire department in 1995.

The three had contributed pension payments to the Illinois Municipal Retirement Fund, but then began contributing to a separate firefighters pension fund. The benefits are diminished by being divided.

The appellate court opinion suggests the village was always free to allow the paramedics to transfer their credits.

Feit and McLear also performed firefighting duties for the paid-on-call department that was maintained by the village until 1995.

Village President Karen Darch said the true nature of the paid-on-call arrangement may have been not fully understood by the court.

Attorney Mary Spiegel, who represented the fire officers, said they were disappointed by the outcome and are considering whether to appeal to the Illinois Supreme Court.

Scott Weisbruch, a Barrington maintenance worker until he was among 13 employees laid off last November, said the village's recent actions are hurting its ability to attract good employees.

The layoffs came as a complete shock to him, a 10-year veteran of the village, and were not preceded by any of the negotiations he believes have become common between municipalities and unions in these trying financial times.

The village didn't decide the workers weren't needed, only that their jobs could be done more cheaply with part-timers, Weisbruch said. He now works for Cuba Township.

Darch believes the village and public works union have reached a new understanding since the layoffs, but union officials couldn't be reached for comment Wednesday.

She said the only thing that might make Barrington unique in the region is its recognizing the need for belt-tightening just a little ahead of other municipalities.

"I don't sense any kind of difference in the way Barrington is perceived out there," Darch said. "We're all facing the same kind of budget constraints."