Veteran Algonquin firefighters lose lawsuit over demotions

A pair of veteran Algonquin-Lake in the Hills firefighters who sued their fire district and its board to overturn their 2007 demotions will not be getting their old ranks back, a court ruled Tuesday.

In an eight-page written ruling, McHenry County Judge Michael Caldwell said Captains Joe and Charlie Teson failed to show that they had any right to their former rank as battalion chiefs, or that the Algonquin-Lake in the Hills Fire Protection District has any legal obligation to return them to that standing.

Even if there was that obligation, Caldwell ruled, a legally binding agreement between the district and the firefighters union would prevent it.

"The plaintiffs have not only failed to establish the existence of a clear right to the relief requested and the obligation of the district to act in a specific way, the (agreement) has deprived the district of any authority to act or react in the way claimed by the plaintiffs," Caldwell ruled.

The judge not only rejected the Teson brothers' claims, but he also ordered them to pay the district's court costs associated with the case.

Their attorney, William T. King, declined to comment on the decision.

Fire district attorney Stephen DiNolfo said district leaders are pleased with the ruling and look forward to moving beyond the legal dispute with two of its highest-ranking firefighters.

"We had believed from the outset that the district had dealt appropriately with the union and with the Tesons," DiNolfo said.

Barring appeal, the decision ends nearly a year of litigation that began when the Tesons sued, claiming the district violated state statutes in demoting them from battalion chief - ranks they had held for a decade - to captain.

The move was part of an agreement between the district and the International Association of Firefighters that changed battalion chief from an appointed position to one that would be given based on the results of competitive testing.

The Tesons, who did not face a pay cut with their demotions, tested for the positions in April 2008, but weren't selected to refill them, King said shortly after filing suit.