Burr Ridge Official Refuses To Resign Or Retire

ELMHURST, IL — Burr Ridge Finance Director Jerry Sapp, who the village has barred from returning to work for eight months, is refusing to resign or retire.

On Tuesday, Sapp emailed a "confidential" memo to the mayor and Village Board. He said he was instructed to give the village an update on his employment status by month's end.

In the memo, Sapp said he was told by the village that if he did not leave voluntarily, he would be fired by May 15. He said he plans legal action against the village.

"I have been diligently complying with the Village's requests and have been eager to return to work," Sapp said.

Village officials, including Mayor Gary Grasso and interim Village Administrator Evan Walter, did not return messages for comment left on Tuesday.

Sapp's situation differs from that of then-Village Administrator Doug Pollock. Last fall, the Village Board appeared to want Pollock out of his position. After negotiations, Pollock agreed to resign with $38,000 in severance pay and a part-time job as village planner, a job he once held.

Sapp said in the memo he suffered an anxiety attack on Sept. 4. Four days later, he provided a doctor's note saying he was cleared to return to work. But the village barred Sapp from doing so, saying he needed a "fitness for duty" examination. He has been the village's finance director for a quarter century.

"I developed anxiety over the Mayor and Trustees' efforts to remove me from my position," Sapp said. "I met with my supervisor on two occasions to discuss my situation and requested assistance and none was provided."

Despite the request for a doctor's examination, the village delayed in setting up the exam without any justification, Sapp said. When he expressed frustration about what he said was the illegal way the village was handling his employment situation, he was threatened with disciplinary action or termination, he said.

Sapp also said he was accused of accessing village systems when he had not done so.

In late October, he said, Sapp said he received a "verbal not fit for duty" designation, even though the village's medical evaluators' original comments were positive in nature.

Since November, Sapp said he has requested an independent, third-party report, but the request was denied, even though he said he was entitled to it.

He said he requested the written report from the village, but the village ignored the request for six weeks. He said he received a report on Dec. 3, more than 100 days after his anxiety attack.

"The report is obsolete, full of errors, misstatements and opinions, and designed to suit a narrative pushed by the village that I am not fit for duty," Sapp said.

According to Sapp's memo, during a September board meeting, Grasso told the Village Board, "Jerry has mental issues; no way possible he will be returning to work." Grasso did not make such a statement in a public meeting, so Sapp was likely referring to a closed session. Sapp did not say how he got that information.

Sapp said Grasso made that statement before Sapp underwent the village's examinations.

In the village's report, Sapp said, it was verified that Walter, then the assistant village administrator, filed a false hostile workplace complaint, which was the original basis for the "unnecessary" leave. The complaint was filed Sept. 4, while Sapp was in the emergency room for his anxiety attack, the memo said. Sapp did not indicate the details of Walter's complaint.

On April 20, Sapp provided a return-to-work authorization from his doctor without the need for accommodations. He said he would return to work the following week, the memo said. The village replied two days later, saying it would be "insubordination" for him to return, he said.

Sapp also alleged officials allowed the April 6 village election to affect their dealings with him. In February, the village agreed to start negotiations on a resolution. Sapp said he saw that as a step forward, but it turned out to be three months of the village's stalling tactics. The village, he said, let his forced medical leave expire before it threatened him with termination because his position is unprotected, the memo said.

The village's goal, Sapp alleged, was to push the issue past the election.

"We thought (we) were near a settlement for reinstatement and restitution for the damages the Village caused," Sapp said. "After the election, the Village reneged on any progress of reinstatement and restitution."

Sapp said he would file claims against the village for violations of the Americans With Disabilities and Family and Medical Leave acts, as well for defamation as a result of Walter's complaint.

"I do not come to this decision lightly, but after 8 months and spending over $50,000 of my own funds defending myself from my employer's actions, I find it necessary to move to the legal system in order to provide a fair and impartial resolution to this situation," Sapp said.

When reached by Patch, Sapp declined to comment.

During the campaign, the mayor's allies focused their attention on Trustee Zach Mottl, who the Village Board has officially reprimanded six times. Little, if anything, was said about the turbulence in Village Hall.

Around the time then-Administrator Pollock left under pressure, texts from Walter came to light. Walter had messaged Mottl with criticism of Pollock, at least twice comparing the administrator to female genitalia. The board had been preparing to hire Walter as the permanent administrator. Once the texts became known, he got the position on an interim basis.

Mottl lost his bid for re-election, with the mayor's allies prevailing.

Sapp is still listed as the finance director on the village's website.