Fired Western Springs sergeant, department veteran reinstated with back pay

Fired Western Springs police sergeant, Mark Battista, will be reinstated to the police department with back pay, an arbitrator ruled on Dec. 28, according to the Chicago Tribune.

Battista said he was fired without cause for a medical condition and filed a union grievance on Oct. 15, 2014.

Arbitrator Ann Kenis ruled the village did not show cause to fire Battista and did not prove that he engaged in repeated misconduct, like the village alleged, according to the ruling.

The villaged argued for about a year Battista delayed and failed to provide necessary medical information and participated in insubordinate misconduct to work a day shift, the Chicago Tribune reports.

After the village filed a Freedom of Information Act request, Battista’s condition was redacted from the ruling.

The Chicago Tribune reports in a federal lawsuit Battista filed on April 22, 2015 he was diagnosed with circadian rhythm disorder, shift work disorder and sleep apnea after he began working different shifts, including a night shift.

Kenis ruled the village did not disciple Battista for his conduct and gave him a glowing review, according to documents.

Battista must pass a physical to be reinstated and Kenis ruled Battista should be assigned the day shift, given his seniority.

Battista’s lawsuit asks for at least $500,000 on each count against the village for alleged discrimination, and failing to accommodate Battista.