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Ex-trustee files suit against Village

August 31st, 2010

“I really wasn’t sure if I wanted to do this to my village, but I just got tired of it,” said Robert Kiernan. Former police commissioner and village trustee Robert Kiernan has brought a lawsuit against multiple parties, including the Village of Montgomery.  The lawsuit alleges negligence, false arrest and harassment, among other charges, and seeks damages totaling $5 million.

The issues began in 2006, when John “Jack” Byrnes, Jr. was officer-in-charge of the village Police Department.

Kiernan stated that while he served the village as police commissioner and trustee, he brought to the Village Board’s attention certain issues and problems he had identified within the Police Department.

“Jack Byrnes was very much on top of his game, but unfortunately I felt that he had such conflicts of interest that I just felt he was not capable of doing the job anymore,” said Kiernan.

Kiernan stated that while the board addressed some issues, they dismissed his concerns regarding Byrnes.  He claims he has subsequently been harassed by Byrnes and other members of the Police Department, receiving multiple tickets which were later overturned in court.

“I was charged with different crimes that never occurred-never happened.  I spent a lot of time in courts with attorneys to prove myself innocent, which I did,” said Kiernan.

Despite his conflict with Byrnes and the current lawsuit, Kiernan emphasized his problem was not with the village Police Department itself.

“It’s only a couple cops, not the whole police department.  There’s an excellent group of men down there, but there’s always a couple of jerks in a group,” said Kiernan.

Kiernan stated his delay in bringing the lawsuit came from a reluctance to hurt his village, as well as health problems.  In the past seven months he has broken his leg in several places and suffered multiple heart attacks as well as food poisoning.

Mayor Steven Brescia and Village Board members Darlene Andolsek and JoAnn Scheels have served the village throughout the conflict.  They are named in the lawsuit with Byrnes, in addition to John Luffman, who replaced Byrnes as officer-in-charge in 2007, and Police Officer Brandon Jackob.

Brescia and the other village officials named in the lawsuit declined to discuss the ongoing legislation.

Kiernan emphasized that he did not want to hurt the village or his neighbors with the lawsuit, but felt the action was necessary to address issues within the village.

“It’s about the people and in defense of the entire village—and cleaning up a matter that should have been cleaned up a long time ago,” said Kiernan.

Kiernan claims that the conflict has tarnished his reputation in the small village, which has further motivated him to take legal action.

“My family has been super-active in the village since World War II,” said Kiernan, stating that at one point there was a parade in honor of his father.  “I just want to follow in my dad’s footsteps, in my mother’s footsteps.  They did a lot for the village and I want to do that as well.  It means a lot to clear up my own identity.  I love the village.  It’s a great, great place.  I just think there’s room for improvement in different areas.”

By Rachel Coleman
rcoleman@tcnewspapers.com

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