Chicago Sun-Times

CITY HALL FIGHTING COP CLINE REFUSED TO PUNISH

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In one of his last acts before retiring from the Chicago Police Department, Supt. Phil Cline refused to discipline a detective who had submitted fraudulent documents to City Hall so he could operate a valet company that parked cars at Rush Street nightspots, newly obtained records show.

Detective Frank S. Esposito “committed acts of consumer fraud and deceptive practices,” an investigat­ion by the police Internal Affairs Division found. Internal affairs recommende­d Cline suspend Esposito for 30 days.

Instead, Cline decided not to punish Esposito at all. Cline and Esposito are friends, and Cline was in Esposito’s wedding party.

Cline’s decision came in August 2007 — months after the Illinois Appellate Court had upheld fines City Hall imposed against Esposito for violating multiple city ordinances by submitting phony paperwork to obtain his city valet license.

Seven years later, Esposito’s court fight with City Hall is still going on. He’s trying to reduce the $252,373 in fines the city is garnishing from his $93,192-a-year detective’s salary. The city so far has collected about $70,000.

Cline’s decision to drop the disciplina­ry charges against Esposito is detailed in a “suspension notificati­on” that Mayor Rahm Emanuel’s administra­tion released to the Chicago Sun-Times after a recent court decision which found that misconduct complaints against police officers are subject to the state’s Freedom of Informatio­n Act.

Esposito — who worked in the Area 5 detective division when Cline was the commander there — couldn’t be reached for comment.

Cline won’t comment on the case, saying: “Since leaving public service approximat­ely seven years ago, I have declined to discuss the specifics of disciplina­ry cases I reviewed, many of which are more than a decade old . . . I no longer have access to the files and am unable to reconstruc­t exactly what I reviewed at the time. As a result, it would be improper for me to comment on a specific case now.”

Cline, 64, gets an annual police pension of $158,932 — the richest retirement deal of any Chicago cop.

He also is the executive director of The Chicago Police Memorial Foundation, a job that paid him $115,707 in 2012, according to the notfor-profit organizati­on’s most recent filing with the Internal Revenue Service. The foundation provides financial assistance to families of slain and injured officers.

Esposito, 54, has been with the police department for 25 years.

He started Express Valet Inc. in 2000.

Three years later, the city audited his company after one of his employees let someone drive off in somebody else’s car from a Rush Street bar.

Former Mayor Richard M. Daley’s administra­tion accused Esposito of providing false insurance certificat­es to City Hall to obtain a valet parking license, operating a valet parking service without liability insurance and failing to pay $2,757 in parking-lot taxes.

Esposito paid the parkinglot taxes — but his check bounced, according to court records. Express Valet is no longer in business.

An administra­tive law judge found Esposito guilty of the disciplina­ry charges. That finding was upheld by a Cook County judge and then, on May 29, 2007, by the Illinois Appellate Court.

Less than three months later, on Aug. 15, 2007, Cline closed the internal affairs case against Esposito, who’d been accused by IAD of making “false reports regarding having current and valid insurance” for Express Valet and failing to notify the police department he was under investigat­ion by another city agency.

Cline put a slash through IAD’s recommenda­tion to suspend Esposito for 30 days and wrote that the charges were “not sustained,” dismissing the case without explanatio­n.

Though the document signed by Cline was stamped Aug. 15, 2007, city records show the superinten­dent’s last day on the job was Aug. 4, 2007.

In 2011, Esposito went back to court to challenge the city’s fines, which he says are excessive. Cook County Circuit Judge Robert Lopez Cepero has ordered the city’s administra­tive hearings department to hold a hearing on Esposito’s fines.

Esposito is also involved in a separate Internal Affairs Division investigat­ion, involving missing files in the death of Jason Stangeland, a case originally assigned to Esposito. Stangeland, 30, of Des Plaines, died in 2010 from injuries suffered in an altercatio­n at a Rush Street bar two years earlier.

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 ?? | SUN-TIMES LIBRARY ?? As police superinten­dent in 2007, Phil Cline (shown with Mayor Richard M. Daley) wrote “not sustained” on a document alleging a detective “committed acts of consumer fraud.”
| SUN-TIMES LIBRARY As police superinten­dent in 2007, Phil Cline (shown with Mayor Richard M. Daley) wrote “not sustained” on a document alleging a detective “committed acts of consumer fraud.”

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