But if his officers try to get a new contract, watch he screams and yells about how greedy they are.--
Story at Chicago Tribune
Chief collects salary, pension from days as officer; Department of Insurance objects
By Melissa Jenco
Chicago Tribune reporter
7:47 PM CDT, April 24, 2013
Naperville police Chief Robert Marshall assumed his current office in May 2012. (City of Naperville, Handout / May 22, 2012)
State officials are continuing their fight to keep Naperville police Chief Robert Marshall from collecting his police pension while earning a chief's salary.
The Illinois Department of Insurance has filed a request for a DuPage County judge to review the Naperville Police Pension Board's ruling that Marshall has not re-entered active service in the police force by becoming chief.
The local board's ruling allows Marshall to continue collecting his pension of $101,100 this year on top of his $151,000 salary.
In its appeal to DuPage officials, the Department of Insurance calls the board's findings "arbitrary and capricious, clearly erroneous, and against the manifest weight of the evidence."
"Our position remains unchanged from last year, in that Chief Marshall has re-entered active service for the purposes of the pension fund, and that he therefore may not continue to receive his police pension while simultaneously in active service as a member of the Naperville police," spokeswoman Kimberly Parker said in an email to the Tribune.
She added the department is "stepping up efforts to enforce compliance."
Thomas Radja, an attorney for Marshall, said he believes the pension board "made the appropriate decision."
"We thought the pension board did a very thorough job and the law is clearly in favor of Chief Marshall retaining his pension so I'm a little surprised they're appealing," he said. "I thought our tax dollars could be spent in a better way."
Marshall spent 27 years with the Naperville Police Department before retiring in 2005, when he became Naperville's assistant city manager. At that time, he was able to begin collecting his police pension while also contributing to the Illinois Municipal Retirement Fund.
On May 18, 2012, he was sworn in as Naperville's police chief. In addition to his $151,000 salary, Marshall has continued to receive his police pension that currently stands at $8,425 per month and, until early September, contribute to IMRF.
Last summer, the Department of Insurance filed a position statement arguing Marshall should not continue to receive his police pension while working as chief. The Naperville Police Pension Board then held two hearings on the matter in the fall, giving the Department of Insurance and the city a chance to weigh in. The city argued Marshall should continue to receive his pension.
In January, the board voted 4-1 in favor of Marshall continuing to collect his police pension.
Detective Don Bisch, president of the Naperville Police Pension Board, said Wednesday the board's attorney would be filing a response to the state's appeal.
"It will be resolved in court," he said. "It's up to a judge to decide who is in the right on this one."
The case is due before a judge Aug. 13.