Carol Stream, cop settling out of court

Carol Stream will pay a former cop $20,762.70 out of court to settle a dispute over the payout of unused, accrued sick time.

Hunter Gilmore, who spent 22 years with the village’s police department, sued the village last year to recover sick time he says he accumulated before leaving to take a police chief job in Darien, Wis., a small community 18 miles west of Lake Geneva.

Gilmore argued that he was eligible for the payout of unused sick time since he left Carol Stream in 2010 as a deferred pensioner, which is defined by the state police pension code as someone having attained 20 years of service, but who has not yet reached age 50.

Gilmore was 44 when he left Carol Stream.

The village argued that a deferred pensioner is not eligible for retiree benefits under the village’s personnel manual.

“In our personnel manual, in order to get a sick leave buyout at retirement, you have to have a pension. But he hadn’t reached 50 yet,” said Bob Mellor, Carol Stream’s assistant village manager. “Our personnel code states you have to be officially retired. Our interpretation was that he wasn’t, and isn’t.”

But rather than risk the costs of further litigation, the village agreed to pay Gilmore the amount he was requesting for unused sick days. Already, the village had spent $10,000 in legal fees on the matter, Mellor said.

“It would’ve cost us a lot more than $20,000 to continue to litigate it,” Mellor said.

Gilmore, who rose through the ranks as a patrol officer, sergeant, lieutenant and commander, said he left Carol Stream on good terms but wanted to pursue “a great job opportunity.”

He maintains that he met all requirements to become a retiree under the state pension code.

“It’s discouraging when it’s a benefit you’re given, then they tell you you’re not going to get it,” Gilmore said.

As a result of the settlement, Gilmore will agree to dismiss his lawsuit against the village.

Gilmore will also receive a police retirement badge showing the rank of commander and other badges with his former ranks.

Mellor said the deal isn’t an admission on the village’s behalf that Gilmore has formally retired.