Caliendo v. Martin

620 N.E.2d 1318, 250 Ill. App. 3d 409, 190 Ill. Dec. 57
CourtAppellate Court of Illinois
DecidedJuly 30, 1993
Docket1-91-2741
StatusPublished
Cited by39 cases

This text of 620 N.E.2d 1318 (Caliendo v. Martin) 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
Caliendo v. Martin, 620 N.E.2d 1318, 250 Ill. App. 3d 409, 190 Ill. Dec. 57 (Ill. Ct. App. 1993).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

This appeal involves the review of an administrative determination made by the police board of the City of Chicago (the Board). On September 10, 1990, the Board determined that the plaintiffs, Anthony Caliendo (Caliendo) and Arthur Secor (Secor), were guilty of violating Chicago police department rules and ordered that Caliendo and Secor be discharged from their positions as police officers with the Chicago police department. The plaintiffs petitioned for administrative review in the circuit court on October 12, 1990. A hearing was held and on July 25, 1991, the circuit court affirmed the findings and decision of the Board.

Plaintiffs raise the following issues on appeal: (1) whether the Board’s determination that plaintiffs violated police department rules by accepting bribes is against the manifest weight of the evidence; (2) whether the Board’s decision to impose the sanction of discharge was unreasonable and arbitrary, or unrelated to the requirements of service; and (3) whether plaintiffs were deprived of any of their due process rights so as to render the decision of the Board fundamentally unfair.

We affirm.

Background

On August 16, 1984, the superintendent of police filed charges against Caliendo and Secor for violating the following Chicago police department rules:

Rule 2: Any action or conduct which impedes the department’s efforts to achieve its policy and goals or brings discredit upon the department.
Rule 3: Any conduct or action taken to use the official position for personal gain or influence.
Rule 21: Failure to report promptly to the department any information concerning any crime or other unlawful action.
Rule 48: Soliciting or accepting any gratuity, or soliciting or accepting a gift, present, reward or any other thing of value for any service rendered as a department member, or as a condition for the rendering of such service, or as a condition for not performing sworn duties.

The complaint indicated that Caliendo and Secor were accused of accepting bribes instead of issuing traffic citations on two separate occasions during May of 1984. Commencing March 23, 1990, five days of hearings were held before a hearing officer on the charges against Caliendo and Secor.

THE MAY 7,1984, INCIDENT

Officer Brian Smith (Smith) of the Internal Affairs Division of the Chicago police department testified that on May 7, 1984, he was assigned to conduct an undercover investigation of Caliendo and Secor to determine whether they would accept or solicit a bribe in exchange for failing to issue a traffic citation. Smith testified that on May 7, he was driving an unmarked station wagon near the intersection of Clark and Fullerton when he spotted the plaintiffs in a marked patrol car. He deliberately made an illegal U-tum in front of Caliendo and Secor, and they signalled him to stop his car.

Smith got out of his car, and Secor stepped out of the patrol car. Secor told Smith that he had committed two traffic violations: making an illegal U-tum and failing to have a Chicago sticker on his car. Secor took Smith’s driver’s license and got back into the squad car.

Smith testified that he walked over to the squad car, leaned into the window, and had the following conversation with Secor:

“OFFICER SMITH: What can we do?
SECOR: Whatever you want to do.
OFFICER SMITH: Whatever you want to do is all right with me.
SECOR: Whatever you want to do just be discreet.
OFFICER SMITH: Would $20 be enough?
SECOR: Whatever. Just be discreet.”

Smith testified that he then squatted down near the driver’s door, inserted his arm through the window of the police car and dropped $20 into Secor’s lap. The money was in plain view and neither Secor nor Caliendo rejected it. Instead, Secor returned Smith’s license to him without issuing any traffic citations.

In his defense, Secor testified that he generally did not issue a traffic citation to every motorist he stopped for a traffic violation. He stated that out of approximately 150 motorists he stopped per month, he gave a pass to about 110 motorists. He also testified that he considered a U-tum to be a minor violation.

Secor testified that on May 7, he and Caliendo stopped Smith for making a U-tum. Caliendo did not get out of the squad car on this occasion or talk with Smith. Secor exited the squad car and engaged in a conversation with Smith, who explained that he was lost and asked for directions to the outer drive.

After Secor checked Smith’s driver’s license and found that everything appeared to be in order, he gave Smith directions and returned to his squad car. At that point Smith walked back to the squad car, stood next to it and said “I just want to really thank you for giving me directions. I really appreciated it.” Secor responded by saying, “Well just be on your way and just be careful, you know watch your driving.” At this point, Smith returned to his vehicle and drove away.

Secor testified that Smith did not kneel next to the squad car and did not reach his hand inside the car. Secor testified that Smith did not drop money into the car. Secor denied ever asking Smith for money and stated that he never found any money on the floor, seat, or anywhere in the car.

Caliendo testified that on May 7, 1984, he never talked with Smith and did not get out of the squad car. He testified that he never saw any money dropped into the car.

THE MAY 18,1984, INCIDENT

Officer Marion Williams (Williams) testified that on May 18, 1984, the Chicago police department assigned him to the undercover investigation of Secor and Caliendo. Williams testified that on the evening of May 18, he was driving an unmarked car and wearing a concealed tape recorder. He located the plaintiffs’ patrol car near the intersection of Clark and Fullerton and made an illegal U-turn in front of Secor and Caliendo’s squad car. Secor and Caliendo signalled for Williams to stop. As Williams got out of his car, Caliendo and Secor both emerged from the squad car. Secor briefly scanned Officer Williams’ vehicle for danger and then returned to the squad car. After Caliendo informed Williams that he had made an improper U-turn, the following conversation ensued:

“OFFICER WILLIAMS: I’m sorry. How about giving me a pass?
CALIENDO: Let me see your driver’s license. You’re obstructing traffic.
* * *
CALIENDO: I could give you four tickets.

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Bluebook (online)
620 N.E.2d 1318, 250 Ill. App. 3d 409, 190 Ill. Dec. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caliendo-v-martin-illappct-1993.