Burgett v. City of Collinsville Board of Fire & Police Commissioners

500 N.E.2d 951, 149 Ill. App. 3d 420, 102 Ill. Dec. 850, 1986 Ill. App. LEXIS 3059
CourtAppellate Court of Illinois
DecidedOctober 21, 1986
Docket5-85-0644
StatusPublished
Cited by5 cases

This text of 500 N.E.2d 951 (Burgett v. City of Collinsville Board of Fire & Police Commissioners) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burgett v. City of Collinsville Board of Fire & Police Commissioners, 500 N.E.2d 951, 149 Ill. App. 3d 420, 102 Ill. Dec. 850, 1986 Ill. App. LEXIS 3059 (Ill. Ct. App. 1986).

Opinion

JUSTICE KARNS

delivered the opinion of the court:

Plaintiff, James P. Burgett, appeals from a judgment of the circuit court of Madison County affirming the decision of the city of Collins-ville board of fire and police commissioners (the board) discharging him from his duties as a police officer. The board found Burgett guilty of leaving his post in his patrol car, secreting himself and his patrol car outside the city limits, and failing to perform his patrol duties between 1 and 4 a.m. on July 11, 1984, “or some major portion thereof.” The board also determined that Burgett’s actions constituted conduct both unbecoming a police officer and detrimental to the good order and discipline of the department.

Burgett began working for the city of Collinsville as a patrolman in 1973. On the night of July 10, 1984, Burgett was working the 10 p.m. to 6 a.m. shift. He had no set patrol other than to patrol all areas.

At approximately 1 a.m. on July 11, Burgett radioed his location as Johnson Hill Road and Beltline. Sergeant Eaton, Burgett’s shift sergeant, started for Johnson Hill Road to find Burgett, but Burgett was diverted to answer a call. Eaton later met Burgett going northbound on Johnson Hill Road at approximately 2 a.m. Burgett took his lunch break at 3 a.m. At 3:45 a.m., Burgett radioed his position as Johnson Hill Road and Summit Avenue. Eaton again set out to find Burgett. He drove past the location Burgett had given and found him parked next to a vacant house at the corner of Johnson Hill Road and Reese Drive. The house, located on a short, dead-end street outside the city limits, was not visible from the road. Burgett was sitting in his patrol car with the motor running, listening to the police radio. The lights of the patrol car were off. When Eaton arrived, Burgett got out of his car. Eaton ordered him to go back downtown to patrol. Burgett then asked if the house was outside the city limits. Eaton informed him that it was. At the end of his shift, Burgett apologized to Eaton and stated that it would never happen again.

Burgett testified the owner of the vacant house had asked him to watch the house because it had been broken into several times over the past year and a half. Burgett had inspected the house earlier that week and on two separate occasions found people in the yard. He also testified the owner told him the house was inside the city limits, but later stated the owner’s brother, a fellow police officer, told him the house was outside the limits. Burgett never checked any maps of the city or verified the house’s status with the dispatcher.

Burgett now argues on appeal the board’s findings are contrary to the manifest weight of the evidence and do not establish cause sufficient to warrant discharge.

An appellate court’s proper function in reviewing administrative decisions is to ascertain if the agency’s findings are against the manifest weight of the evidence. (E.g., Mihalopoulos v. Board of Fire & Police Commissioners (1978), 60 Ill. App. 3d 590, 594-95, 376 N.E.2d 1105, 1108.) We are not to reweigh the evidence, determine the credibility of witnesses or substitute our judgment for that of the administrative agency. (E.g., 60 Ill. App. 3d 590, 595, 376 N.E.2d 1105, 1108-09; Daniels v. Police Board (1976), 37 Ill. App. 3d 1018, 1022, 349 N.E.2d 504, 507.) We are only to determine if enough evidence exists in the record to support the findings of violations. E.g., Taylor v. Police Board (1978), 62 Ill. App. 3d 486, 491, 378 N.E.2d 1160, 1165; Daniels v. Police Board (1976), 37 Ill. App. 3d 1018, 1022, 349 N.E.2d 504, 507.

In this instance the board found that Burgett concealed himself and his patrol car outside the city limits, thereby leaving his post and failing to perform his patrol duties, all in violation of departmental rules. The evidence on the record supports these findings.

During the hearing, it clearly was established that the vacant house behind which Burgett parked his patrol car was outside the city limits. Even Burgett admitted a fellow officer told him the house was not in the city. Burgett never verified this conflicting information but continued to watch the house while on duty. His superiors never told him to pay particular attention to the house, and he never advised them of his plans to watch it. The board reasonably could conclude Burgett knew the house was outside the city limits. The board also could conclude Burgett was either helping a friend or using the premises to rest instead of performing his duties. He was to patrol the entire city. Instead, he chose to observe a very secluded house outside the city limits with his car lights off. It was also reasonable for the board to infer Burgett had been doing so for a major portion of the time between 1 and 4 a.m. on the morning of July 11. Burgett had radioed his location as being in the area of the house at 1 a.m. and at 3:45 a.m. And, his sergeant spotted him in the same area at 2 a.m. Burgett obviously spent a great deal of time that morning in the general vicinity of the vacant house.

In order to reverse the board’s findings as being against the manifest weight of the evidence, we must be able to say that “all reasonable and unbiased persons, acting within the limits prescribed by law and drawing all inferences in support of the finding[s], would agree that the finding[s] [are] erroneous.” (Daniels v. Police Board (1976), 37 Ill. App. 3d 1018, 1023, 349 N.E.2d 504, 508.) We cannot say in this instance that all reasonable persons would agree the findings are erroneous. Though the evidence may support various conclusions, the board’s findings should not be reversed simply because other possible interpretations exist. (See Albert v. Board of Fire & Police Commissioners (1981), 99 Ill. App. 3d 688, 691, 425 N.E.2d 1158, 1162; Schoenbeck v. Board of Fire & Police Commissioners (1979), 69 Ill. App. 3d 366, 374, 387 N.E.2d 738, 744.) We therefore find the board’s factual findings are supported by sufficient evidence in the record and are not contrary to the manifest weight of the evidence. See Mihalopoulos v. Board of Fire & Police Commissioners (1978), 60 Ill. App. 3d 590, 595-96, 376 N.E.2d 1105, 1109.

A finding that an officer violated police department rules, however, does not, standing alone, empower a board to dismiss that officer. (E.g., Albert v. Board of Fire & Police Commissioners (1981), 99 Ill. App. 3d 688, 692, 425 N.E.2d 1158

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Bluebook (online)
500 N.E.2d 951, 149 Ill. App. 3d 420, 102 Ill. Dec. 850, 1986 Ill. App. LEXIS 3059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgett-v-city-of-collinsville-board-of-fire-police-commissioners-illappct-1986.