West Dundee, public works director sued for demoting employee

West Dundee's former water superintendent is suing the village and public works director, arguing the director engaged in a pattern of obstructionist behavior after a July 2015 incident that resulted in a demotion.

Actions by Director Eric Babcock also put the public's drinking water at risk, the lawsuit argues.

But village officials say Patrick Doyle's legal action is "self-serving" and was filed in response to a reorganization.

Doyle filed the lawsuit this month in Kane County, seeking reinstatement to his old position, return of his village vehicle, and assurances he would not be interfered with.

According to the lawsuit, Babcock told public works employees at a staff meeting in July 2015 that someone told Village Manager Joe Cavallaro that Babcock had been out golfing with four other people.

Babcock, the suit argues, said he was going to put "a plan in the works to get even" with whoever told on him and began a pattern of interfering with Doyle's ability to do his job by intercepting his mail from the Environmental Protection Agency and other agencies; excluding him from key meetings; reassigning his staff while Doyle was on vacation; and demoting Doyle.

Doyle, who served as water superintendent from August 2004 through Oct. 3, 2017, was demoted to the position of responsible operator in charge. The new water superintendent does not have a key license needed to oversee the water supply, the lawsuit argues.

"When plaintiff was demoted from his position as the defendant village's water superintendent, defendant Babcock told plaintiff 'Remember that plan I told you I was putting into motion, well this is it,'" the lawsuit says. "The defendants' conduct has interfered with plaintiff's ability to perform the statutory duties of the responsible operator in charge of the defendant village's community water supply and has created an imminent risk of liability to the plaintiff and imminent risk to public health and safety."

Cavallaro said the village reorganized the public works department in August of 2017, hiring a utility superintendent in addition to Doyle's post.

"The litigation seems somewhat self-serving, as no notification of concerns of the water operations of the village have been made directly to the village manager's office, the village board or the IEPA prior to this litigation being served upon the village," Cavallaro said.

James Harrison, who is Doyle's attorney, said his client is not suing for damages, but rather for the tools and authority to do his job overseeing the safety of village drinking water. Harrison said Babcock's comments about a "plan" were heard by people besides Doyle.

"This didn't occur in a vacuum," Harrison said. "That's the crux of the suit - you can't reorganize statutory responsibility away from somebody who has statutory responsibility. It's a recipe for disaster. The people with the sandy end of the sucker are the people drinking water in the village."

The two sides are due in court on July 30.