Illinois Department of Revenue v. Illinois Civil Service Comm'n

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State: Illinois

Court: 1st District Appellate

Docket No: 1-04-0593 Rel

Case Date: 04/08/2005

FIFTH DIVISION
April 8, 2005

No. 1-04-0593

THE ILLINOIS DEPARTMENT OF REVENUE, THE
DEPARTMENT OF HUMAN SERVICES, THE
ILLINOIS CAPITAL DEVELOPMENT BOARD, THE
DEPARTMENT OF CORRECTIONS, THE
DEPARTMENT OF PUBLIC AID, THE DEPARTMENT
OF FINANCIAL INSTITUTIONS, THE DEPARTMENT
OF CENTRAL MANAGEMENT SERVICES, THE
DEPARTMENT OF INSURANCE, THE DEPARTMENT
OF COMMERCE AND ECONOMIC OPPORTUNITY,
THE DEPARTMENT OF NATURAL RESOURCES, THE
DEPARTMENT OF AGING, THE DEPARTMENT OF
AGRICULTURE and THE ILLINOIS GUARDIANSHIP
AND ADVOCACY COMMISSION,

Plaintiffs-Appellants,

ILLINOIS CIVIL SERVICE COMMISSION,
FREDERICK BACKFIELD, LESLIE BARROW, PEGGY
BOOKER, MADELYNNE BROWN, FLORA CIARLO,
BRADLEY COLE, JULIE DUTTON, JEFFREY
FULGENZI, JOSEPH HAMPTON JR., EDWARD
HARMEYER, FREDERICK KIMBLE, LINDA
LEBEGUE, SINEAD RICE MADIGAN, JOAN
MESSINA, MICHAEL MURPHY, CATHERINE NARUP,
SUSAN NELSON, MATTHEW OVERAKER,
KATHERINE PARKER, CANDICE TREES, JERRY
TURNBULL, DAVID URBANEK, SARAH VEGA,
NICHOLAS VESPA, LARAINE WILLIAMS, NANCY
WOODWARD and PHILLIP WYATT,

Defendants-Appellees.

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Appeal from the
Circuit Court of
Cook County

Honorable
John K. Madden,
Judge Presiding.

JUSTICE GALLAGHER delivered the opinion of the court:

This appeal challenges the Illinois Civil Service Commission's reinstatement of 27 state employees to four-year term positions in government jobs to which they were appointed in the final months of former Governor George Ryan's administration. The plaintiffs now appealing are the 13 state agencies to which the defendant employees received four-year term appointments beginning in fall 2002. We agree with plaintiffs that the Commission lacked subject matter jurisdiction over the cases of 20 of the 27 defendant employees. Accordingly, we vacate the Commission's order reinstating those 20 employees to their government positions. As to the remaining seven employees, we find that although the Commission had jurisdiction over their terminations, the rule changes authorizing the term positions, promulgated by the Department of Central Management Services (CMS) under Ryan's administration, were void ab initio because they contradicted the Illinois Personnel Code (20 ILCS 415/1 et seq. (West 2000)). Therefore, we reverse the Commission's order reinstating those seven employees to their state positions.

BACKGROUND

In January and February 2003, Governor Rod Blagojevich fired approximately 60 employees who were appointed by the Ryan administration in 2002 to four-year terms in state government jobs. Most of those positions carried the job title of "senior public service administrator." Among the employees given term appointments near the end of Governor Ryan's term were his press spokesman and his deputy chief of staff. Although a number of the employees had lengthy careers in Illinois government and had received favorable performance evaluations and promotions, the record indicates that several of the defendant employees had little or no experience in the area of their term appointment.

1. Hiring Procedures under Personnel Code

To discuss the actions taken by the Ryan administration, it is necessary to review the pertinent provisions of the Personnel Code and the procedures for passing administrative rules under that statute. The Personnel Code establishes for state government "a system of personnel administration under the Governor, based on merit principles and scientific methods." 20 ILCS 415/2 (West 2000). The Code is administered by CMS and establishes, inter alia, the five-member Civil Service Commission. 20 ILCS 415/3, 7a (West 2000).

Employees subject to the Personnel Code are hired from eligibility lists compiled on the basis of competitive examinations. 20 ILCS 415/8b.1, 8b.3 (West 2000). The Personnel Code requires testing to determine if applicants are qualified for certain positions and, if so, to assess an applicant's fitness relative to other candidates. 20 ILCS 415/8, 8b.1 (West 2000). Qualified candidates are ranked by relative merit, and appointments are made from among the three highest candidates on the appropriate eligibility list or from the highest ranking group if candidates are listed by ranking as opposed to numerical rating. 20 ILCS 415/8b.5 (West 2000). Veterans are given first preference in this appointment process. 20 ILCS 415/8b.7 (West 2000).

The Personnel Code states that hired employees are subject to a probationary period "not to exceed one year," after which the employee's appointment or promotion is complete. 20 ILCS 415/8b.6 (West 2000). The Commission can review the termination of an employee who has been "appointed under the rules and after examination." 20 ILCS 415/11 (West 2000).

2. Overview of Administrative Rulemaking

Although the Illinois General Assembly holds the general legislative power to determine what the law shall be, the legislature can delegate to an administrative agency the authority to execute the law. M. Barker, An Overview of Administrative Law, in Illinois Administrative Law