Genius v. County of Cook

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State: Illinois

Court: 1st District Appellate

Docket No: 1-08-3277 Rel

Case Date: 02/23/2010

Preview:SECOND DIVISION February 23, 2010

No. 1-08-3277

JACK L. GENIUS, Plaintiff-Appellant, v. THE COUNTY OF COOK, a Municipal Corporation; THE BOARD OF COMMISSIONERS OF THE COOK COUNTY FOREST PRESERVE DISTRICT, a Municipal Corporation; STEVEN M. BYLINA, Superintendent of the Cook County Forest Preserve District; COOK COUNTY CIVIL SERVICE COMMISSION; COOK COUNTY EMPLOYEE APPEALS BOARD; LAWRENCE HOFFMAN; GARY WEINTRAUB; RITA REZKO; and RUBYE PATTERSON, Defendants-Appellees.

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Appeal from the Circuit Court of Cook County.

No. 05 CH 1085

Honorable Mary K. Rochford, Judge Presiding.

JUSTICE THEIS delivered the opinion of the court: Plaintiff, Jack L. Genius, appeals from the judgment of the circuit court confirming a decision by defendant, the Cook County Employee Appeals Board (the Employee Appeals Board or the Board), which terminated his employment as a police officer with the Forest Preserve District of Cook County (the District), and denied his request for backpay during the period of his suspension. On appeal, plaintiff contends that: (1) the Board erred in denying his motion to dismiss the District's written charges based on the doctrine of laches; (2) the Board's decision to

1-08-3277 discharge him was against the manifest weight of the evidence; and (3) the Board erred in denying his request for backpay because the District's suspension without pay for more than 30 days and without written charges violated the Cook County civil service rules. For the following reasons, we find the Board lacked jurisdiction to render its decision and, therefore, reverse the judgment of the circuit court and vacate the decision of the Board. BACKGROUND Plaintiff was hired as a District police officer in 1988, after having completed the requisite civil service examination. He was later promoted to sergeant in 1992. Thereafter, in 1996, he was placed on paid administrative leave due to the pendency of an internal affairs investigation. Based upon that investigation, the District chief of police informed plaintiff that he would be recommending his discharge for his unauthorized purchases and sales of District police badges. In June 1996, plaintiff was suspended without pay pending the resolution of felony criminal charges filed against him in Vermillion County for the unlawful selling of law enforcement badges. Although the record regarding those criminal proceedings was not before the Board, the parties do not dispute that the criminal proceeding resulted in a mistrial. Plaintiff then appealed, seeking a determination that a retrial should have been barred by prosecutorial misconduct. According to plaintiff, the appellate court declined to find that a retrial would be barred. Thereafter, in February 2001, the indictment against plaintiff was dismissed by the Vermillion County State's Attorney. Three months later, on May 1, 2001, plaintiff sent a letter to the District demanding his reinstatement and backpay. On May 25, 2001, the District served plaintiff with a "notice of intent

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1-08-3277 to seek his discharge." Therein, the District alleged that plaintiff engaged in forgery, fraudulent behavior, and sexual misconduct unbecoming an officer in violation of certain rules and regulations of the District police department and the District ethics ordinance. At that time, the District advised him that the disciplinary proceedings would be governed by the Cook County Bureau of Human Resources Ordinance. Cook Co. Municipal Code

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