Jackson v. Civil Service Commission

353 N.E.2d 331, 41 Ill. App. 3d 87, 1976 Ill. App. LEXIS 2912
CourtAppellate Court of Illinois
DecidedJuly 28, 1976
Docket61849
StatusPublished
Cited by10 cases

This text of 353 N.E.2d 331 (Jackson v. Civil Service Commission) 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
Jackson v. Civil Service Commission, 353 N.E.2d 331, 41 Ill. App. 3d 87, 1976 Ill. App. LEXIS 2912 (Ill. Ct. App. 1976).

Opinion

Mr. JUSTICE BURMAN

delivered the opinion of the court:

The instant appeal stems from the suspension and subsequent discharge of the plaintiff, Bernard Jackson, by the defendant, the Civil Service Commission of Illinois, from his position as a resident counselor with the Illinois Department of Corrections. Pursuant to the provisions of the Administrative Review Act (Ill. Rev. Stat. 1973, ch. 127, par. 63b111a), the plaintiff sought judicial review of the defendant’s determination. An order was thereafter entered by the circuit court of Cook County reversing and setting aside the findings and decision of the defendant on the basis that the plaintiff was not granted a hearing before the defendant within 30 days from the filing of his written request in accordance with section 11 of the Personnel Code (Ill. Rev. Stat. 1973, ch. 127, par. 63b111). The defendant then submitted a motion to reconsider and vacate the above order, and the motion was denied.

In seeking a reversal of the order denying the motion to vacate the circuit court’s judgment order as well as a remand of the case for a hearing on the merits to ascertain whether the plaintiff’s dismissal for cause was against the manifest weight of the evidence, the defendant contends on review that (1) the trial court’s reliance on the decision in McReynolds v. Civil Service Com., 18 Ill. App. 3d 1063, 1067, 311 N.E.2d 308, 311-12, which construed the 30-day period prescribed in section 11 of the Personnel Code (Ill. Rev. Stat. 1973, ch. 127, par. 63b111) for conducting a disciplinary hearing as being mandatory, is misplaced, since such decision is incorrect and the factual situation in that opinion is inapposite to the one at bar; (2) the plaintiff is estopped from asserting that the defendant lost jurisdiction over him; and (3) assuming the validity of the holding in McReynolds, such decision should not be given retroactive effect.

A review of the record reveals that on October 23, 1973, the plaintiff was suspended, pending discharge, from his position as a resident counselor with the Illinois Department of Corrections. Subsequent to being served by registered mail with a notice of discharge on November 15, 1973, the plaintiff submitted a written request for a hearing on said charges. The defendant received such request on November 28,1973, and notified the plaintiff that a hearing was scheduled for December 24,1973. However, as a result of the Governor declaring such date a State holiday, a request to reschedule the hearing was sent to the defendant and to the plaintiff. On December 18, 1973, the defendant mailed a notice to the plaintiff informing him that the hearing was continued to January 2,1974. The defendant sent another notice to the plaintiff on December 27,1973, indicating that due to a lengthy public hearing scheduled for the first week in January, the hearing would be held on January 31, 1974. The plaintiff responded to such rescheduling by sending the defendant on December 28, 1973, a notice and a motion to dismiss the charges against him on the ground that the hearing would not be held within 30 days from the time (November 28,1973) he requested the proceeding. Such motion was denied by the hearing officer when the hearing convened on January 31, 1974. After hearing the evidence proffered by both sides, the hearing officer found that the plaintiff had violated his supervisory responsibilities and concluded that cause for discharge had been proved. These findings and rulings were adopted by the defendant on April 25,1974, and a copy of the decision to discharge the plaintiff was mailed to his attorney on April 29, 1974.

In seeking recourse from the defendant’s decision to discharge him, the plaintiff filed a complaint for administrative review on June 3, 1974. Subsequent to the defendant’s answer on July 8,1974, the plaintiff moved for a judgment on the pleadings for the reason that he was not granted a hearing before the defendant within 30 days from the filing of his written request. (Ill. Rev. Stat. 1973, ch. 127, par. 63b111.) After both sides respectively tendered memoranda concerning whether this statutory time period had been met, an order was entered on November 21, 1974, sustaining the plaintiff’s motion and reversing and setting aside the findings of the defendant on the basis that the disciplinary hearing was not brought within 30 days from the plaintiff’s written request. On January 31, 1975, the circuit court entered another order denying the defendant’s motion to reconsider and vacate its prior order of November 21, 1974. Thereafter, the defendant filed a notice of appeal in which it sought (1) the reversal of the January 31, 1975, order denying its motion to vacate and (2) a remand of the case for a hearing on the merits to ascertain whether the plaintiff’s dismissal for cause was against the manifest weight of the evidence.

We first consider the defendant’s assertion that the reviewing court in McReynolds v. Civil Service Com., 18 Ill. App. 3d 1063, 311 N.E.2d 308, incorrectly construed section 11 of the Personnel Code (Ill. Rev. Stat. 1973, ch. 127, par. 63b111). In support of its position that the language of this legislative enactment requires a directory construction be given to the 30-day period prescribed therein, reliance is placed on the similarities in terms of the purpose, legislative intent, and language between the instant statute and the one in the decision of In re Armour, 59 Ill. 2d 102, 319 N.E.2d 496, wherein the Supreme Court of Illinois held that the use of the word “shall” in a statute does not unequivocally require an interpretation that said statute is mandatory. (59 Ill. 2d at 104, 319 N.E.2d at 498.) While we do not controvert this legal precept emanating from the Armour decision, we do not believe that such opinion abrogates the tenet enunciated in McReynolds.

It is well settled in Illinois that the cardinal rule of statutory construction, to which all other rules are subordinate, is that the true intent and meaning of the legislature must be ascertained and given effect. (E.g., People ex rel. Carey v. Power, 59 Ill. 2d 569, 571, 322 N.E.2d 476, 478; O’Leary v. Allphin, 35 Ill. App. 3d 223, 229, 341 N.E.2d 143,148.) In determining such legislative intent, reviewing courts not only consider the language used in the statute, but also the reasons for its enactment and the purposes sought to be attained. E.g., People ex rel. Cason v. Ring, 41 Ill. 2d 305, 310, 242 N.E.2d 268, 270; Illinois National Bank v. Chegin, 35 Ill. 2d 375, 378, 220 N.E.2d 226, 228.

Considering these edicts in the context of the defendant’s contention, it is apparent that the decision in Armour does not evince that McReynolds was resolved incorrectly. Although the respective legislative enactments both used the word “shall” in requiring a hearing within 30 days from the time a written request was filed, 1

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Bluebook (online)
353 N.E.2d 331, 41 Ill. App. 3d 87, 1976 Ill. App. LEXIS 2912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-civil-service-commission-illappct-1976.