McCarthy, City ask court to reverse HR board’s decision, reject - FOX 32 News Chicago

McCarthy, City ask court to reverse HR board`s decision, reject CPD applicants

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CHICAGO (Sun-Times Media Wire) -

Chicago Police Supt. Garry McCarthy is asking a court to overturn a city Board of Human Resources ruling allowing three people to become police officers, in spite of CPD background checks that initially disqualified them from the job.

McCarthy and the City of Chicago filed three separate motions seeking judicial review Friday in Cook County Circuit Court. They are asking the court to reverse the decisions by the Board of Human Resources that, they say, were "unreasonable, arbitrary, [and] not based in evidence."

The three applicants were all denied entry into the probationary officer program after the department conducted background checks, the motions stated.

One person was denied because they allegedly abandoned their post in the U.S. Marine Corps. Another allegedly falsified the results of a drug test by giving their urine to a friend to help them get hired. The third, McCarthy and the city claim, attacked and choked their spouse during a domestic dispute and did not disclose it in their Personal History Questionnaire.

The board reversed the decisions for each of the three within the last two months, according to the motions.

Three members of the city's Board of Human Resources were named as defendants, including Chairman John Hannah, a South Side pastor appointed by Mayor Rahm Emanuel in 2012; Samuel Evans, Jr., also appointed by Emanuel; and Enrico Mirabelli, a veteran board member.

Mirabelli, who has served the board since 1997 when he was appointed by then-Mayor Richard M. Daley, said the board's decisions to reverse the police department's rulings were carefully considered.

"The board is vested with the discretion to look at the overall character of that candidate and not isolated incidents," Mirabelli said. "In doing so, we sometimes reach a different decision than the police department."

Mirabelli added that during his tenure on the board, he has seen few, if any, city department heads personally challenge a decision by the board.

"This is the first time in 17 years on the board of personnel that I've ever seen a superintendent of any department of the City of Chicago take it upon themselves to legally attack a decision of the board of personnel," Mirabelli said.

The three applicants were also named as individual defendants.

McCarthy and the City, who are represented by a private attorney, are asking the Circuit Court to immediately overturn the board's decision.

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