50 years ago: An O’Fallon police officer lost his job over a haircut
O’Fallon Police patrolman Vincent Kozsdiy was dismissed from the O’Fallon Police force by the O’Fallon Board of Fire and Police Commissioners Saturday morning for failure to cut his hair and trim his sideburns according to regulations.
Kozsdiy has been serving a 30-day suspension without pay handed down by the board Dec. 15, when the decision was reached to fire him.
Each member of the board prepared a brief written statement which was read at the meeting. Neither Kozsdiy nor his attorney Jerry Schlichter was present.
Schlichter, reached Monday by the Progress, said he had not learned of the outcome of Saturday’s meeting since no notification of the meeting or its outcome had reached him yet.
Dick Richardson, secretary of the board, said that a registered letter had been sent to the attorney Monday morning.
Schlichter said that Kozsdiy plans to file a suit against the city demanding back wages lost during his suspension and reinstatement to the force.
“The action taken by the board Saturday was illegal and unconstitutional. The board and department has shown no proof that hair or sideburns interfere with Vince’s work,” Schlichter said.
Gus Budina, president of the board, said Saturday that Kozsdiy had tried to make the hair and sideburn issue the main issue for the suspension and dismissal.
“The main issues were discipline and the issuance of an order that was disobeyed,” Budina said.
The other board members concurred in Budina’s appraisal.
But Schlichter feels Kozsdiy has a right to disobey an order that had nothing to do with his work.
“If they (police) told Vince to cut off his finger and he didn’t obey it because Vince felt it was wrong, they could fire him for that. They cannot fire him just because of the way he looks,” Schlichter said.
Chief of Police Darwin Lehman had said that the regulations were necessary to ensure good grooming and appearance on the part of the men on the force.
“We want our men to go out on the streets looking like policemen. If they weren’t working on the force I’d have nothing against the man wearing his hair long but on this force the men will conform to the regulation,” Lehmann said.
Schlichter said that Kozsdiy will file suit in the near future and feels the case has a good chance of going in Kozsdiy’s favor.
“Courts have found time and time again in favor of the officer. We stand a very good chance. There have already been rulings that governmental bodies, including police forces, may not fire or discriminate against an employee because of his appearance which includes his hair length,” Schlichter said.
Lehmann, however, has literature in his office of a report where a judge found in favor of a police department that dismissed an officer for failing to conform to grooming regulations.
Lehmann said the regulations at O’Fallon were established under former Chief of Police James Tiley. Hair cannot touch the collar or ear and sideburns must be trimmed at the middle of the ear.
To take up the vacancy resulting from Kozsdiy’s dismissal, the board appointed Glenn E. Moore, 27, of 209 Joy Dr. Moore has served on the O’Fallon force as a dispatcher.
(Kozsdiy did file a lawsuit and lost, but won on appeal on procedural grounds. The following is what the Progress reported on Sept. 25, 1975 following Kozsdiy’s return to the police force.)
Patrolman Vincent P. Kozsdiy reported for duty as a policeman Monday after the Board of Police and Fire Commissioners acceded to the decision of the city council to reinstate him.
His return to the force after being discharged over a “grooming” incident means the city owes him back pay totaling $16,906.64 dating from the day of his discharge on Jan. 15, 1974.
It was not immediately determined if he will be assessed police pension or taxes due on the earnings.
He was fired by Chief of Police Darwin Lehmann for refusing to cut his hair and sideburns.
Patrolman Kozsdiy reported for work Monday morning with a haircut and short sideburns. His first duties included studying reports and orders issued during his long paid absence from work.
The Board of Police and Fire Commissioners backed up Lehmann and the circuit court allowed the dismissal to stand.
However, the local action was reversed recently by the Illinois Appellate Court.
Action of the court displeased Gus Budina, president of the police board who remarked that he thought Judge George Moran (who wrote the majority opinion) “…has a conspiracy to perpetuate crime.”
The board president did not say what crime was involved in failure to get a haircut. No motion was made for rehiring Kozsdiy but Budina directed Board Secretary Dick Richardson to write him a letter informing him of the board action.
The third board member, Russell V. Thoman did not raise any objections to the action.
Budina outlined the events up to last Wednesday’s meeting of the Board of Police and Fire Commissioners.
Richardson read a series of letters ending with one from the City Council in which the council’s decision not to make a further fight in the matter (was written).
The Police Board is responsible for hiring and firing policemen but depends on the City Council for funds. The council concluded that further expenditure for appeal would be useless.
City Attorney Delmar Koebel told the council in two letters the possibilities open. One would be to petition for a rehearing by the Appellate Court, a possibility that appeared remote. Koebel said that, in fact, the Court may write another opinion to bolster their opinion that the city was wrong in the first instance.
An appeal to the Supreme Court was considered by the attorney who said there is less than a 50-50 chance the court would accept the case. If accepted there would be less than a 50 percent chance of winning.
It was Koebel’s opinion that there was slim chance of reversing the Appellate Court. The Appellate Court found against the city on procedural matters concerning the manner the Police Board conducted the dismissal hearing.
The issues raised by the Court were that the Police Board did not present Kozsdiy an itemized statement of charges or that there were any facts set forth to substantiate the Board’s action.
One proposal to settle the issue without rehiring the patrolman was made. That was to pay his back pay plus another year and a half salary. This was made by the discharged patrolman’s attorney.
There was some discussion about grooming rules for the department and Budina said the city department used the regulations in force for the Illinois State Police. However, there was no copy of the rules in board files.
The board agreed that if the policeman disobeys department rules again he may be discharged and that the correct procedure followed. Budina said he did not understand all technicalities and added that “all cities have the same problems.”
The city still faces a Federal Court suit on the same issue. The Appellate Court did not settle the constitutional issue of the case and no date for the Federal Court case has been set.
76 years ago
The 1948-49 school year was the first time O’Fallon Township High School freshmen were required by Illinois law to get physicals and dental exams, much like today.
Unlike today, a detailed report of the results appeared in the O’Fallon Progress in January 1949.
“John F. Miller, principal of the O’Fallon Township High School, released the following information concerning recent surveys made at the school: The OTHS freshmen, according to official medical records, have complied 100 per cent with Section 27, Article 8 of the Physical Education Law by having a medical and dental examination by a doctor of their choosing.
“Although examinations were to be completed by September of the beginning of the ninth grade, considerable leniency was granted in that this is the first time the records were required, tabulated and returns summarized.
“By January 4 all records were completed.
“A study of dental reports revealed a startling condition.
“Of the seventy-nine freshmen enrolled and examined, tooth cavities ranged from none to fifteen with fifty-one having an average filling need of four plus. Girls had fewer cavities than boys. There were only four cases of bad gums. Fifteen students needed no dental care, although others needed their teeth cleaned. One pupil was recommended to need four extractions. Three boys require 10, 11 and 15 cavities filled respectively.
“A further study of the school health record revealed no startling condition, and represented a very satisfactory health condition.
“Immunization and vaccination were recorded for all (with one exception). Thyroid disturbance seemed to be the most frequent abnormality. One hernia was discovered. Nearly all had the usual childhood diseases such as measles, chickenpox, whooping cough, etc. In all cases where tuberculin tests were given, the report was negative.
“Overweight and underweight conditions were noted. Students weighed from a mere 90 pounds to 178.
“The report further revealed that there were any number of parents who did not know of the existence of the law requiring physical exams in grades 1, 5, and 9, but once informed, they wholeheartedly cooperated 100 per cent.
“All health records are retained and filed by school authorities where statistical information will be summarized and noted, and later sent to the state as a part of their accelerated program in health, physical education, and safety.”
75 years ago, Jan. 20, 1949
O’Fallon started to dig itself out of one of the most severe rain, sleet, and snow storms in years, which swept over this area Tuesday.
The icy mass came after a 68 degree temperature over Friday and Saturday. Sunday there was rain and slight snow flurries, followed by colder weather with more rain and snow Monday.
During the night it turned to freezing with a drenching rain, snow and sleet, which turned the highways and walks into a mass of ice.
Trees, electric and telephone wires were encased with a heavy coating of ice, the weight of which broke branches of trees, which in turn fell and snapped wires throughout the city. Broken branches were strewn on the streets impeding traffic as rain and a sprinkling of sleet fell until late at night.
Bus service was maintained without interruption by the O’Fallon-Belleville Coach Company.
The ice severely crippled electric light and telephone service, local utilities being swamped with calls of broken wires and suspension of service in various parts of the city.
In the southern section of the city power was completely suspended at 11 a.m.
The schools were dismissed at noon and St. Ellen mine was compelled to shut down due to power shortage. Schools resumed sessions yesterday but the mine remained idle due to power and telephone trouble. Electric power was completely suspended throughout the city from 5 to 5:30 p.m., Tuesday, due to broken limbs crippling the heavy ice-laden wires. The service was partially restored for home consumption, but O’Fallon was without street lights all night.
Workmen of the Illinois Power Company and the Bell Telephone system worked throughout the day during the drenching rain and sleet to restore service, trouble calls becoming so numerous before final suspension that the workers had difficulty in making all the calls.
Howard Keller, superintendent of the local Illinois Power Company office, aided by company men from Lebanon and Trenton, remained continuously at work until after 4 o’clock yesterday morning, to keep the service in operation.
At Lebanon and Trenton the condition was not as bad as here but Belleville had considerable trouble, no men being available for the local situation.
The direct telephone line from this city to Lebanon was still out yesterday morning, long distance calls between here and that city being switched over the Belleville and St. Louis lines with remarkable efficiency.
A number of stately trees in O’Fallon were badly damaged but little damage to homes from falling limbs was reported.
Yesterday morning the temperature was down to 20 above but the sun was out bright and early and dispelled much of the ice on trees and wires. The weather man predicted 5 above zero for this area by morning.
