Fenton v. Board of Trustees

561 N.E.2d 105, 203 Ill. App. 3d 714, 148 Ill. Dec. 799, 1990 Ill. App. LEXIS 1251
CourtAppellate Court of Illinois
DecidedAugust 14, 1990
Docket5-89-0224
StatusPublished
Cited by25 cases

This text of 561 N.E.2d 105 (Fenton v. Board of Trustees) 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
Fenton v. Board of Trustees, 561 N.E.2d 105, 203 Ill. App. 3d 714, 148 Ill. Dec. 799, 1990 Ill. App. LEXIS 1251 (Ill. Ct. App. 1990).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

On or about February 28, 1985, Donald Fenton, a police officer with the City of Murphysboro, submitted a letter of resignation notifying the Murphysboro police department (hereinafter department) of his resignation effective March 31, 1985. On March 1, 1985, Fenton became a full-time salaried employee of Burns International Detective Agency. On March 18, 1985, Fenton was involved in an automobile accident, sustaining disabling injuries. He has received temporary total disability from Burns International Detective Agency. Donald Fenton applied to the City of Murphysboro Police Pension Board of Trustees (hereinafter Board) for disability benefits pursuant to the Illinois Pension Code (Ill. Rev. Stat. 1989, ch. 1081/2, par. 1 — 101 et seq.). A hearing was conducted before the Board, which ruled that Fenton was not a police officer in the employ of the Murphysboro police department at the time of the accident and was not eligible for disability benefits. Fenton’s application for disability benefits was denied.

Fenton filed a complaint for administrative review in the circuit court. He sought a reversal of the Board’s decision, and in addition sought prejudgment interest on the amount claimed due. On March 17, 1989, the court entered an order finding the decision of the Board to be against the manifest weight of the evidence. The court also ordered that disability payments be paid to Fenton without reduction for workers’ compensation payments. The request for prejudgment interest was denied.

Both parties appeal from the circuit court’s order. The defendants contend that the court’s determination is against the manifest weight of the evidence. Donald Fenton appeals from the court’s decision not to award prejudgment interest.

Upon administrative review, the function of both the trial court and the appellate court is limited to determining whether the findings and conclusions of the administrative agency are against the manifest weight of the evidence. (Eastman Kodak Co. v. Fair Employment Practices Comm’n (1981), 86 Ill. 2d 60, 76, 426 N.E.2d 877, 884; Starnawski v. License Appeal Comm’n (1981), 101 Ill. App. 3d 1050, 1058-59, 428 N.E.2d 1102, 1109.) After reviewing the record, we affirm the circuit court’s decision finding the Board’s determination to be against the manifest weight of the evidence.

First we agree with the trial court’s ruling that the Board’s determination that Fenton was not a police officer with the Murphysboro police department at the time of his injury was against the manifest weight of the evidence.

Defendants contend that any finding that Fenton was on duty with the police force when he was injured is illusory. Defendants rely on Hahn v. Police Pension Fund (1985), 138 Ill. App. 3d 206, 485 N.E.2d 871, appeal denied (1986), 111 Ill. 2d 581, as support for their position that Fenton did not specifically preserve his rights to the pension prior to or at the time of his resignation, thereby relinquishing his status as a police officer. Defendants cite the Board’s findings of fact as significant evidence of Fenton’s relinquishment of his rights to the pension: (1) that as of March 1, 1985, Fenton became a full-time salaried employee with Burns International Detective Agency; (2) that upon taking the job with Burns International Detective Agency, Fenton failed to provide the police department with a method by which the department could contact him; and (3) that prior to his automobile accident, Fenton had turned in all equipment issued to him by the police department including his uniforms. Defendants also note that Fenton had requested in writing that his contributions to the Murphysboro police department pension fund be returned to him. These facts, along with other evidence presented at the hearing, defendants argue, clearly prove that Fenton was not a police officer with the department at the time of his injury.

Just as Hahn found that plaintiff preserved his rights in his resignation, we find that plaintiff herein preserved his rights and that he maintained his status as a police officer at the time of his injury. The evidence in this case consisted of the testimony of the claimant, members of the police force, the city treasurer, and Norma Stanton, the widow of the district manager of Burns International Detective Agency. Donald Fenton testified that although he turned in his police equipment on March 15, 1985, he spoke with Chief of Police Tincher regarding his willingness to be called back to work with the police force in the event of an emergency. It was Fenton’s understanding that he was subject to being called back at any time until the effective date of his resignation, March 31, 1985. Fenton testified that he had made arrangements with his new employer which would permit him to leave his job at any time in the event he was called back to serve with the police force.

Norma Stanton confirmed Fenton’s testimony that Fenton had discussed the possibility of being called back with her husband Jim, who is now deceased, but who was at that time district manager of the agency and who was going to be Fenton’s supervisor. Stanton testified that in February of 1985 she and her husband met with Fenton, and that Fenton made it very clear to Jim at that time that if he were called to the police department he would have to go back.

Police officers Graeff and Eovaldi each testified that in late February or early March of 1985, Chief of Police Tincher advised them that Fenton had resigned effective March 31, 1985. Officer Graeff testified that Tincher explained to Eovaldi and himself that Fenton was advised that if the need arose he would be subject to call-back. Officer Eovaldi testified that he recalls Tincher saying that Fenton would be subject to call-back.

Chief of Police Tincher testified that he did not recall any discussion with Fenton regarding a call-back situation. Tincher explained, “the fact that I would not have known where to contact him would tend to negate that.” The chief of police did acknowledge, however, that Fenton did not tell him that he would not work if he were called back.

Evidence was presented by the city treasurer, Jim Chambers, as to paychecks issued to Fenton during March 1985. He testified that Fenton received a check on March 15, 1985, and one on March 29, 1985, each representing pay for personal days and vacation pay. Chambers testified that all deductions had been taken from those checks, including deductions for the police pension fund. He testified that he “had nothing written for Mr. Fenton as to what he wanted to do with his particular money that was in there *** so I was required to *** take those out as pension amounts.”

Section 3 — 114.2 of the Illinois Pension Code provides:

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Bluebook (online)
561 N.E.2d 105, 203 Ill. App. 3d 714, 148 Ill. Dec. 799, 1990 Ill. App. LEXIS 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenton-v-board-of-trustees-illappct-1990.