To: Village of Burr Ridge – Mayor, Trustees, Administrator

From: Jerry Sapp, Finance Director

Date: April 27, 2021

Subject: Confidential – Request for Decision Regarding Employment Status

Per the Village’s requirement, I am providing you the following memo on my employment status. I was
instructed that this was a requirement by April 30, 2021, and if I do not resign or retire, I will be terminated by
May 15, 2021.

I have no intention of resigning or retiring, I have been through too much over the past 8 months. I have been
diligently complying with the Village’s requests and have been eager to return to work.

As mentioned in my November 2020 memo

• I developed anxiety over the Mayor and Trustees efforts to remove me from my position.
• I met with my supervisor on two occasions to discuss my situation and requested assistance and none was
provided.
• Due to the workplace issues, I had an anxiety attack on September 4, 2020.
• I was asked to provide a note from my doctor before I return.
• On September 8, 2020, I provided a doctor’s note stating that I can return to work without restrictions.
Despite my doctor’s note, as requested by the Village, I was then forced into an unnecessary fitness for duty
exam by the Village.
• The Village delayed in setting up the exam for several weeks without any justification.
• When I expressed frustration and complained about the improper and illegal way the Village was handling
my employment situation, I was threatened with disciplinary action and/or termination and kept out of my
job.
• I have been accused of accessing Village systems when I had not done so, and again threatened with
disciplinary action and/or termination.
• In late October, I received a verbal not fit for duty, even though the Village’s medical evaluators original
comments were positive in nature.

Since November, I requested an independent third-party report, but this request was denied by the Village even
though I am entitled to it. Nevertheless, I underwent an examination at my own expense, and I requested a
copy of the written report from the Village, but the Village ignored the request for six weeks. I then received a
report prepared on December 3, 2020, which was over 100 days after my 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 The report is obsolete,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.

I was notified that in the September Board meetings, Mayor Grasso told the Village Board “Jerry has mental
issues; no way possible he will be returning to work.” Mayor Grasso made this statement before I underwent
the Village’s examinations and at a time when I was being stalled and threatened with termination if I did not
comply with the evaluations. It appears the reason for the Village’s delays was that Mayor Grasso never
wanted me to return to work and was attempting to sidestep the Village Board and medical professionals. The
Village has outsourced my duties and has promoted an acting Finance Director while keeping me out of my
position.

In the Village’s report, it was verified that it was Evan Walters who filed the false hostile workplace complaint,
which was the original basis for the unnecessary administrative leave the Village forced on me. This complaint
took place the morning of September 4, 2020 while I was in the ER with an anxiety attack. This has been one
of the most callous, unprofessional, and immature acts that I have ever witnessed. His actions along with the
Village Board have damaged me both personally and professionally.

I sent the Village’s written report and my reports via a FedEx package to all Village Board members, which all
but one trustee ignored. They laughed at my situation in an open board meeting. I have received independent
opinions from a forensic psychologist, a neuropsychologist, a neurologist specialist, two primary care
physicians and a therapist that I am able to return to work without restrictions and that in fact I am fit for duty.
Instead of looking for a resolution to the situation, in December 2020, the Village forced an unwarranted FMLA
leave on me to continue the stalling for another 12 weeks. I never requested nor did I need the FMLA.

After my FMLA leave expired, on April 20, 2021 I provided a return-to-work authorization from my doctor
without the need for accommodations, and I indicated that I planned to return to work on April 26, 2021. In
response, the Village sent me a letter dated April 22, 2021 stating that it would be “insubordination” for me to
return to work and again threatened disciplinary action.

In February 2021, the Village agreed to begin negotiations on a resolution. What I thought was a step forward
turned out to be additional stalling tactics for an additional 3 months. First to let my forced FMLA leave to
expire in order to threaten me with termination because my position is unprotected. Secondly to get my issue
past the April 6, 2021 elections. We thought were nearing a settlement for reinstatement and restitution for
the damages the Village caused. After the election, the Village reneged on any progress of reinstatement or
restitution.

We have filed claims against the Village for ADA violations, and shortly will be filing claims against the Village for
illegal FMLA practices, and for defamation for the false hostile workplace complaint provided by Evan Walters.
I did 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. The Village has failed in that aspect.

In reviewing the available public records on legal bills, the Village has spent twice as much as me in taxpayer
dollars attempting to keep me out of my position. The Village legal bills are more than the $100K that Mayor
Grasso said he can save by “changing the roles and compensation of administration, planning and finance
departments”.

I can continue spending my personal funds defending myself and the Village can continue spending taxpayer
dollars trying to force me out. I encourage the Village to seek a resolution to the situation they created. Stalling,
discrimination, threats of retaliation, actual retaliation, termination, and the continual mention of the Village’s
report we have rejected are not helpful.

I am not going to resign or retire. If terminated, I will vigorously pursue my reinstatement and restitution for
the damages the Village has done. As I have always maintained, and now supported by my own independent
reports, I am fit for duty and have always been eagerly awaiting to return to my position.

Regards,

Jerry Sapp
Finance Director
Village of Burr Ridge

cc. Attorney Patrick Dolan

Attorney Melissa Wolf (via Patrick Dolan)