Jan 8, 2009 12:10 pm US/Central
Firefighter Convicted Of Arson Still Wants Pension
CHICAGO (Sun-Times Media Wire) ―
A former Chicago firefighter who pleaded guilty in 2006 to setting eight fires on the Northwest Side and in Park Ridge wants a judge to overturn a decision to deny pension benefits earned over 15 years with the department, Pioneer Press is reporting.
In October 2008, the Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago declared that Lt. Jeffrey Boyle, 50, was ineligible because the felony convictions for arson "were connected with his employment as a firefighter ... and that his training in the CFD was a substantial factor in his ability to commit arson."
According to a complaint filed in Cook County Court on Tuesday by Boyle's attorney Thomas Needham, the Board's conclusion "is incorrect and against the manifest weight of the evidence."
Needham cited an Illinois Supreme Court ruling on an "identical statuary provision, that mere conviction of a felony is insufficient to justify forfeiture of pension benefits; rather, there must be a 'clear and specific connection between the felony committed and the participant's employment'."
The argument Boyle made before the Board was that there was no relationship between the arsons and his job because he was off duty and didn't use his radio or any other department equipment when he was setting the fires.
Boyle was fired in April 2005, about two months after his arrest. He was charged and subsequently pleaded guilty to eight counts of arson. The arsons occurred between 1998 and 2005.
The Chicago fires, set in early February 2005, targeted Immaculate Conception School, 7263 W. Talcott Ave.; the Norwood Park Field House, 5801 N. Natoma Ave.; Brandy's restaurant, 6262 N. Harlem Ave., and a residential garage at 7229 W. Palatine Ave.
In Park Ridge, the fires caused damage to a house under construction on the 200 block of Berry Parkway, the Park Ridge Country Club at 636 N. Prospect Ave., and the porch and garage of an acquaintance,on the 300 block of West Grant Place -- in separate instances.
Boyle confessed to setting about 20 additional fires between 1997 and 2005. One occurred at St. Paul of the Cross Church in Park Ridge, according to the findings of fact that were part of the Retirement Board's decision.
The board also noted that Boyle "admitted that even when he was off duty he had a duty to follow the Code of Professional Conduct that governs the conduct of members of the CFD."
He was in prison from March 10, 2006 until his release on parole on Dec. 11, 2007, and is scheduled to be officially discharged from parole on Dec. 11, 2009.
A status hearing on the suit is set for June 11.
(Source: Sun-Times Media Wire © Chicago Sun-Times 2009. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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