Callahan v. Department of State Police

586 N.E.2d 381, 223 Ill. App. 3d 1081, 166 Ill. Dec. 423, 1991 Ill. App. LEXIS 2099
CourtAppellate Court of Illinois
DecidedDecember 19, 1991
Docket1-90-0525
StatusPublished
Cited by8 cases

This text of 586 N.E.2d 381 (Callahan v. Department of State Police) 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
Callahan v. Department of State Police, 586 N.E.2d 381, 223 Ill. App. 3d 1081, 166 Ill. Dec. 423, 1991 Ill. App. LEXIS 2099 (Ill. Ct. App. 1991).

Opinions

JUSTICE McMORROW

delivered the opinion of the court:

Defendant, the Illinois Department of State Police (Department), appeals from the order of the circuit court reversing the decision of the Illinois State Police Merit Board (Board) that plaintiff, Special Agent James Callahan, had violated the Department’s rule proscribing insubordination by disobeying a lawful order of a superior. The Department contends that the trial court erred in reversing the decision of the Board because the decision was not against the manifest weight of the evidence presented at the administrative hearing.

In November 1986, Callahan was charged with violating certain paragraphs of the Department’s Rules of Conduct, including paragraph 1 — 4, Insubordination, which states in relevant part:

“Officers shall promptly obey any lawful orders of a superior.”

Callahan denied the charges, and a hearing was held before an administrative hearing officer. Although the record is voluminous, the facts are relatively uncomplicated and largely undisputed.

In August 1984, Callahan was involved in an automobile accident while on duty. As a result of the collision, he was hospitalized for a period of time and was off from work for a total of approximately six to seven weeks. This time off was compensated as service-connected sick leave, which is designated by the Department as “512” time, in contrast to “515” time, which refers to personal, non-service-related sick time. The “512” time category derives from the Continuing Compensation Act (111. Rev. Stat. 1983, ch. 70, par. 91), which allows up to one year of full compensation to State law enforcement officers who are injured in the line of duty, and from the Illinois Workers’ Compensation Act (111. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.), which also provides for disability payments to employees injured in the course of their work.

In July 1985, Callahan was examined by Dr. Proctor Anderson, an orthopedic physician associated with the Department. Dr. Anderson prepared a report in which he stated his opinion that Callahan did not require further treatment at that time. Following review of the report by Master Sergeant Donald Burgess, the supervisor of the medical records section, Burgess recommended to James Zagel, then-Director of the Department, that Callahan’s workers’ compensation benefits, including additional “512” time and treatment expenses relating to the 1984 injury, be discontinued. On July 31, 1985, the following letter, which is the subject of this case, was sent to Callahan:

“Dear Special Agent Callahan:
RE: Service-Connected Injury
D/A 8/31/84
Our Case No. 11 — 84—N—260
On July 15, 1985, you were examined by Proctor Anderson M.D. at our request regarding the injuries sustained in the above-captioned case. Based on Dr. Anderson’s report, your workers’ compensation benefits including additional service-connected time off and any treatment expense will be discontinued effective August 1, 1985.
If you have any questions, please contact Master Sergeant Don Burgess at 217/782/4453.
Very truly yours,
James B. Zagel Director.”

This letter is a standard form letter sent to all officers whose “512” time is being discontinued.

On June 3, 1986, Callahan called his supervisor, Lieutenant Michael Sliozis, and informed him that he, Callahan, was having problems with his back and was undergoing treatment from Dr. James Phelps, a chiropractor. Callahan returned to work on June 23. There was some conflicting testimony concerning whether Rita Klein, the business manager, approached Callahan or Callahan approached Klein regarding whether the time off was to be designated as “512” or “515” time. It was agreed, however, that Callahan informed Klein that his doctor believed that his back problems were related to the 1984 injury, and that Callahan caused the 21 days off in June, which had been originally recorded in the computer as “515” time, to be re-designated by Klein as “512” time under the case number of his 1984 injury. Changes in the designation of time off are not unusual, and all time records are reviewed monthly.

In mid-July 1986, a summary of Callahan’s 1986 time off was prepared by Sliozis at the direction of one of Sliozis’ superiors. Sliozis then met with Callahan to discuss the change from “515” to “512” time for his June sick days. Sliozis advised Callahan that he would have to submit to an examination by a “state doctor” and also provide a letter from his own doctor, both of which Callahan agreed to do.

On July 22, after learning of the letter of July 31, 1985, discontinuing “512” time for the 1984 injury, Sliozis met again with Callahan and questioned him regarding the “512” designation for the June 1986 sick days. Callahan acknowledged receiving the letter, but stated that it was his belief that Department policy allowed the taking of additional “512” time under the case number of the original injury if that injury recurred. He informed Sliozis that his doctor believed that his then-current back problems were related to the 1984 injury, and that he had consulted with his attorney before causing the days off in June to be changed from “515” to “512” time. Sliozis informed Callahan that Major Charles Doerr had directed him to have Callahan's time off in June changed from “512” time to other time-off categories. Callahan stated that he disagreed with Doerr’s decision but would not contest it pending examination by Dr. Anderson and a Department review of his medical records. On July 29, the Department received a letter from Dr. Phelps stating that he had been treating Callahan for back problems and that in his opinion those problems were related to the 1984 accident. On August 15, 1986, after an examination by Dr. Anderson and a review of Callahan’s medical records, Sliozis sent a memorandum directing the timekeeper to change the time taken by Callahan in June 1986 from “512” to other time-off categories.

It is undisputed that the Department had no written rule governing the procedure to be followed for reactivating “512” time for medical problems arising from an earlier injury. Major Charles Doerr testified, however, that the proper procedure in these circumstances would have been for Callahan to submit a memorandum to the Director’s office through the chain of command together with medical documentation supporting his request for reconsideration of the 1985 discontinuance of “512” time for the original injury. Sergeant Burgess testified that although it is not unusual for the Department to allow additional “512” time for the reoccurrence of a previous work-related injury, Callahan should have contacted him or someone on his staff in the medical records section and submitted documentation of his claim prior to changing or causing to have changed the designation of his time off from “515” to “512” time.

Following a disciplinary meeting in October 1986, Callahan was suspended for 15 days for insubordination and other alleged violations of Department rules.

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Callahan v. Department of State Police
586 N.E.2d 381 (Appellate Court of Illinois, 1991)

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Bluebook (online)
586 N.E.2d 381, 223 Ill. App. 3d 1081, 166 Ill. Dec. 423, 1991 Ill. App. LEXIS 2099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-department-of-state-police-illappct-1991.