Christenson v. Board of Fire & Police Commissioners

404 N.E.2d 339, 83 Ill. App. 3d 472, 38 Ill. Dec. 915, 1980 Ill. App. LEXIS 2740
CourtAppellate Court of Illinois
DecidedApril 7, 1980
Docket79-652
StatusPublished
Cited by15 cases

This text of 404 N.E.2d 339 (Christenson v. 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
Christenson v. Board of Fire & Police Commissioners, 404 N.E.2d 339, 83 Ill. App. 3d 472, 38 Ill. Dec. 915, 1980 Ill. App. LEXIS 2740 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE O’CONNOR

delivered the opinion of the court:

Plaintiff, Oliver Christenson, was discharged from his position as a captain in the Oak Forest Police Department (department) after a hearing before the Board of Fire and Police Commissioners of the City of Oak Forest (board). Christenson filed a complaint for administrative review against the board and Alvin E. Lexow, as department police chief, in the circuit court of Cook County. (111. Rev. Stat. 1977, ch. 110, pars. 264-279.) The circuit court reversed the board’s order as to the penalty of discharge and remanded the cause. Defendants appeal seeking reinstatement of the board’s ruling.

The charges brought against Christenson alleged, among other things, that (a) on June 5, 1977, Christenson had driven an Oak Forest police vehicle outside the city limits for nonofficial purposes while on duty and while accompanied by members of his family, and (b) on June 22, 1977, Christenson had lied to the chief of police and, on August 26, 1977, to a polygraph operator acting for the chief concerning the improper use of the police vehicle.

The board adjudged Christenson guilty of these charges and found:
(1) On June 5, 1977, Captain Christenson was on duty and in uniform. Without authority he used a police vehicle to transport himself and members of his family to Balmoral Race Track in Crete, Illinois, for personal reasons concerning caring for his horses. Balmoral is located about 15 miles from Oak Forest. Christenson was outside of effective radio communication with the department while at Balmoral.
(2) On June 22, 1977, Christenson gave Chief Lexow a written explanation of this incident knowing such statement was false.
(3) On August 26, 1977, Christenson gave a true statement concerning the incident to a polygraphist. However, in pretest questioning, he omitted the fact that he had been to the track to attend to his horses earlier on June 5, 1977, while off duty. The board found this omission was intended to mislead the polygraphist and the chief in the investigation.
On January 23, 1979, the circuit court entered an order:
(1) sustaining the board’s findings as to guilt;
(2) reversing the board’s decision to terminate Christenson as contrary to the manifest weight of the evidence; and
(3) remanding the cause to the board for the imposition of any punishment other than discharge or suspension greater than 120 days.

On February 5,1979, the circuit court stayed its order pending appeal. On February 20, 1979, defendants appealed from that portion of the circuit court order reversing Christenson’s termination as being against the manifest weight of the evidence. Christenson did not cross-appeal.

Accordingly, the question of whether the board’s factual findings were contrary to the manifest weight of the evidence is not before us. The sole issue is whether these findings constitute sufficient cause to discharge Christenson.

A more detailed recitation of the facts surrounding the incident is necessary to resolve this issue.

On June 5, 1977, at about noon, Mrs. Wanda Christenson received a phone call from the Christensons’ horse trainer. He reported that something was wrong with their horses, particularly concerning their eyes. Christenson, who was off duty, returned from the store and received the trainer’s message. He called the trainer back and was told that his horses had been sprayed and injured. Christenson, accompanied by his wife and two children, drove the family van to Balmoral Race Track to attend to the horses.

They arrived at the track at about 1:30 p.m. and discovered that one horse was bleeding from underneath the throat. All the horses had a yellow substance all over their bodies and their eyes were closed. Christenson discovered that the horses had been sprayed with a chemical fire extinguisher substance. He bathed the horses to eliminate the substance and discovered one horse’s eyes were swollen shut. At this point, his daughter unsuccessfully attempted to contact a veterinarian.

The family returned home so that Christenson could begin his shift as watch commander. Chief Lexow was not on duty, so Christenson was the senior officer in command. He began his shift at 3:30 p.m. and around 6 p.m. told Officer Holba that he would be out of town on an emergency, that he had to see an eye doctor, and that he was borrowing a squad car. He appointed Holba watch commander until his return.

Christenson then proceeded to his residence, picked up his wife and children, and returned to the track. According to Christenson, he used a squad car for the trip because of mechanical problems with his van, and to assure his speedy response to any emergency calls. They arrived at the track at about 6:45 p.m., where Christenson administered medication prescribed by a veterinarian to the horses’ eyes. Christenson also discovered an empty fire extinguisher buried under manure.

Christenson took the extinguisher to the station to examine for fingerprints, returning between 8 and 8:15 p.m. He checked the log for that night and noticed that there had been no emergencies. Christenson claimed that he maintained radio contact with the station while out of town, could hear transmissions, but received no calls. He stayed about an hour past the end of Ms shift to assure everything was all right.

On June "22, 1977, Christenson submitted answers to written questions propounded by Chief Lexow pursuant to an internal investigation of the incident. The investigation was initiated because two officers had observed Christenson and his family in a squad car heading southbound on 1-57 near Route 30, while Christenson was on duty. Christenson indicated that he was on 1-57 near Route 30 because he was transporting his wife and children to her car that had broken down. He was able to get her car operating and followed her home in the squad car.

On August 26,1977, Christenson took a polygraph test in connection with the incident. During a pretest interview, he admitted the falsity of his June 22 statements. He related an accurate account of his second trip to the track substantially as recounted above. In the opinion of the examiner, the truthfulness of this account was verified by the polygraph examination. However, Christenson did not tell the examiner about his first trip to Balmoral. This gave the impression that he first became aware of the emergency while he was on duty.

Finally, Lieutenant William Busse testified that as part of the internal investigation he drove to Balmoral to determine whether radio communication was possible. Busse was unable to raise the department on his radio. Balmoral was 21 miles from the city. However, Busse had been able to receive, but could not effectively send, radio communications from Joliet, which is 23 or 24 miles from the city. Busse also stated that he had previously transmitted over 23 miles and that transmission distance depended upon the atmospheric conditions.

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Bluebook (online)
404 N.E.2d 339, 83 Ill. App. 3d 472, 38 Ill. Dec. 915, 1980 Ill. App. LEXIS 2740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christenson-v-board-of-fire-police-commissioners-illappct-1980.