Jagielnik v. Board of Trustees of the Police Pension Fund

569 N.E.2d 1293, 211 Ill. App. 3d 26, 155 Ill. Dec. 682, 1991 Ill. App. LEXIS 560
CourtAppellate Court of Illinois
DecidedApril 4, 1991
Docket2-90-0819
StatusPublished
Cited by11 cases

This text of 569 N.E.2d 1293 (Jagielnik v. Board of Trustees of the Police Pension Fund) 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
Jagielnik v. Board of Trustees of the Police Pension Fund, 569 N.E.2d 1293, 211 Ill. App. 3d 26, 155 Ill. Dec. 682, 1991 Ill. App. LEXIS 560 (Ill. Ct. App. 1991).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

The plaintiff, William Jagielnik, appeals the dismissal of his complaint for administrative review. The defendants (referred to collectively hereafter as the Board) moved for dismissal of the complaint under section 2 — 619 of the Civil Practice Law, alleging the circuit court of Lake County did not have jurisdiction of the cause because Jagielnik’s complaint was not taken from an “administrative decision” as defined in section 3 — 101 of the Administrative Review Law. (Ill. Rev. Stat. 1989, ch. 110, pars. 2—619, 3 — 101.) We affirm the circuit court’s dismissal of the complaint.

Jagielnik applied to the Board for a 50% not-on-duty disability pension as provided for in section 3—114.2 of the Illinois Pension Code (the Code) (III. Rev. Stat. 1989, ch. 108½, par. 3—114.2). That section provides for a disability pension of 50% of the officer’s salary at the time of his or her suspension of duty or retirement if the officer has become physically or mentally disabled “as a result of any cause other than the performance of an act of duty.” At the time he petitioned, Jagielnik had charges of misconduct pending against him before the Mundelein Board of Fire and Police Commissioners and criminal charges pending against him in the circuit court of Lake County, Illinois.

The charges before the Board of Fire and Police Commissioners alleged that Jagielnik, while in uniform and on duty, committed various offenses against a young woman, J.M., in February, March, and April 1989. Allegedly, Jagielnik grabbed J.M.’s breasts on one occasion and made lewd and suggestive remarks to her on several occasions. Also, allegedly, Jagielnik ordered J.M. to meet him at a specific time and place and be friendly with him or he would cause her problems with the Village of Mundelein and cause traffic citations to be issued against her. The Board of Fire and Police Commissioners did not hear the matter because Jagielnik resigned as a police officer on June 2, 1989.

The charges pending before the circuit court of Lake County, Illinois, involved the same conduct as the charges before the Board of Fire and Police Commissioners. Pursuant to a negotiated plea agreement, the State’s Attorney nol-prossed two felony counts, and the court found Jagielnik guilty of the remaining count, a misdemeanor battery. The court imposed a $500 fine and a one-year term of probation conditioned upon psychiatric counseling. The factual basis for the plea was stipulated to be as follows:

“If the matter came to trial, [J.M.] would testify that she was an employee of the White Hen Pantry in Mundelein, Lake County, Illinois; and in mid-March 1989, [Jagielnik] came into the Pantry and after some comments which she construed as having sexual undertones, he asked to use the phone, at which time she gave him permission; and he, in passing in close proximity to her, did touch her breasts in a manner which she found insulting and provoking; he did make actual physical contact with her breasts, and this all happened in Lake County, Illinois.”

Along with his petition to the Board for a disability pension, Jagielnik submitted a written report dated May 27, 1989, from Dr. Marlene E. Casiano, a psychiatrist, who stated that Jagielnik was suffering from severe symptoms of depression and that “the precipitant for his severe depressive reaction was his being accused of making sexual advances to a woman at a grocery store.”

At the request of the Pension Board, three other psychiatrists examined Jagielnik. All three were of the opinion that Jagielnik was mentally disabled for service as a police officer and that his disability was the consequence of being accused of making sexual advances to a woman at a grocery store and the events which followed. The three psychiatrists also stated that Jagielnik had no history of a prior mental illness nor was there any evidence that he might have had a prior mental illness.

The Board determined that there was no issue with respect to Jagielnik’s being mentally disabled. However, since all of the psychiatrists reported that Jagielnik’s mental disability was the result of accusations of sexual conduct toward J.M., it felt this raised a question whether such accusations were true or false. If the accusations were true, then Jagielnik’s mental disability “could be the result of his own intentionally committed wrongful act.”

The Board set the matter for a public hearing on September 14, 1989, at which time the Village and Jagielnik would be permitted to present evidence relative to the issues the Board felt were presented. Inter alia, those issues were: whether section 3 — 114.2 of the Code incorporates the public policy which precludes a wrongdoer from profiting from his intentionally committed wrongful act; whether Jagielnik, in fact, committed one or more wrongful acts; whether, if he did commit one or more wrongful acts, his present mental disability resulted from such wrongful act or acts and the events which followed; and whether, if he did not commit any wrongful act or acts, his mental disability resulted from the performance of an act of duty.

Following a continuance, the Board convened, and Jagielnik moved, first, for another continuance and, second, to bar the hearing altogether based on certain legal grounds contained in a memorandum filed with the motion. The supporting affidavit of Dr. Marlene Casiano which was appended to Jagielnik’s continuance motion was described in the Board’s interim ruling. Dr. Casiano stated in her affidavit that Jagielnik would be unable to participate as a witness in the proceeding without risk of aggravating his stress-related disorder and, in Dr. Casiano’s opinion, his present condition would not enable him to testify for at least three months.

The crux of Jagielnik’s motion to bar the hearing, also described in the Board’s interim ruling, was that section 3 — 114.2 of the Code (not-on-duty disability pension) does not incorporate the public policy precluding an intentional wrongdoer from profiting from his wrongful act. He relied on section 3 — 147 of the Code (providing that no benefits will be paid to any person convicted of any felony relating to or arising out of or in connection with his or her service as a police officer) in support of his argument that he can lose his disability pension benefits only if he is convicted of a service-related felony.

The Board granted Jagielnik’s request for a further continuance, subject to an examination by psychiatrist Dr. Alan N. Miller to evaluate Jagielnik’s ability to testify at the hearing on the matter. It also established a briefing schedule on Jagielnik’s motion to bar a hearing.

Dr. Miller’s report to the Board was that Jagielnik had improved considerably since the doctor last saw him and Jagielnik had, in fact, found a new job. Dr. Miller further reported that Jagielnik was at risk of relapse should he be forced to testify at a public hearing, but that, in the doctor’s opinion, Jagielnik was fully capable of preparing written statements on the matter.

The attorneys for both parties advised that they did not wish to make oral argument on the motion to bar a hearing and would stand on their briefs. They also agreed that the Board should take the motion to bar the hearing under advisement and issue a ruling by mail.

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Bluebook (online)
569 N.E.2d 1293, 211 Ill. App. 3d 26, 155 Ill. Dec. 682, 1991 Ill. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jagielnik-v-board-of-trustees-of-the-police-pension-fund-illappct-1991.