Kadzielawski v. Board of Fire & Police Commissioners

551 N.E.2d 331, 194 Ill. App. 3d 676, 141 Ill. Dec. 338, 1990 Ill. App. LEXIS 182
CourtAppellate Court of Illinois
DecidedFebruary 15, 1990
Docket1-88-2939
StatusPublished
Cited by4 cases

This text of 551 N.E.2d 331 (Kadzielawski 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
Kadzielawski v. Board of Fire & Police Commissioners, 551 N.E.2d 331, 194 Ill. App. 3d 676, 141 Ill. Dec. 338, 1990 Ill. App. LEXIS 182 (Ill. Ct. App. 1990).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Plaintiffs, Gary Kadzielawski and Henry Sajovic, were suspended from the fire service of the Village of Skokie and fined $8,500 and $1,500, respectively. On appeal, the circuit court of Cook County upheld the suspensions but reduced the fines to $500 and $200. In the appeal from that decision, plaintiffs claim that they were improperly disciplined for speaking on public issues; other fire fighters similarly situated were not similarly disciplined; and the board had no authority to impose fines.

We affirm.

Background

Plaintiffs have been fire fighters with the Village of Skokie fire department (the Department) since August 31, 1981. They were acting lieutenants at the time of the disciplinary proceedings. As part of their duties, they assisted the Department’s emergency medical service paramedics. In the early 1980’s, in response to a departmental order, plaintiffs had begun taking paramedic training courses at area hospitals. Kadzielawski was dropped from the program at Ingalls Hospital for failing to meet the academic requirements. Sajovic completed training at St. Francis but did not obtain State certification. As a result, neither received a wage increase for one year.

In September 1986 the Department’s emergency medical services committee determined that the employees who were not yet State-certified paramedics should be given training at area hospitals and recommended this action to Chief Quillen, who agreed. In February 1987, the chief ordered plaintiffs to report to Christ Hospital and Medical Center in Oak Lawn, Illinois, take an entrance examination, and attend training sessions in order to obtain State certification.

The program at Christ Hospital is administered by Patricia Perlman, R.N., and her assistant, Janet Tracy. On February 17, 1987, plaintiffs sat for the written examination. Kadzielawski wore a T-shirt adorned with the legend: “Compassion Sucks.” After they finished the examination, they spoke with Tracy at her desk for a short time. Perlman was present, in the back of the office. The occurrence and conversations that took place on that date became the basis for the charges filed against plaintiffs.

Perlman recognized Kadzielawski from his previous training class at Ingalls Hospital. She recalled that he had commented then, during an interview with her, that the emergency medical services program would be the “ruination” of the fire department. Kadzielawski had missed some classes and failed an examination. He told Perlman that Skokie Fire Chief Quillen was “stupid” to expect him to attend paramedic school.

Both plaintiffs stated their strong preference not to attend the training program. Kadzielawski acknowledged that there were pay advantages, in both overtime and incentive pay, for him to obtain the certification and indicated that he would obey the Department order.

Tracy, the assistant, told the plaintiffs that she would cancel the class after they told her of vacation and travel scheduling problems. According to her testimony, however, she was only joking with the men. They testified that they declined her offer to cancel the class and thus excuse them from taking it.

At some point while plaintiffs were at the hospital, they and a paramedic who came into the room discussed problems that the Chicago Emergency Medical Service had faced, including problems with equipment, and the purchase of new ambulances for Chicago. Sajovic mentioned a channel 2 investigative study concerning Chicago’s emergency medical service. Sajovic admitted during the hearing that Perlman was not in the room when this conversation took place. Tracy testified that she did not recall any discussion of these subjects.

Kadzielawski testified that he felt it was in his interest to pass the class so that he could be promoted to lieutenant within the next two years.

The board found that Kadzielawski had displayed a distinct negative attitude toward emergency medical services by wearing a T-shirt with the “Compassion Sucks” legend; by stating that the emergency medical services were the ruination of fire departments; and by stating that he was reluctantly willing to become a paramedic and would enter the training program only because of the chief’s order. The board further found that he was openly critical of the Department and the chief by stating that the chief was stupid to expect him to attend such classes; by stating that he had been disruptive during a previous training program at a different hospital and by implying that he would be a similar problem at Christ Hospital.

With respect to Sajovic, the board found that he had also exhibited a distinct negative attitude toward paramedic services by stating to Perlman that he did not wish to take care of people and that he joined the Department to become a fire fighter and not a paramedic. Perlman testified that he told her that he had earned two baccalaureate degrees and that his prior inability to complete the training was not because he was not bright but had to do with his disinclination to “do that type of work.”

Perlman notified the Department by letter that the two fire fighters had been denied admission to the program at Christ Hospital because of their attitude toward the program. Apparently, Tracy had told the men initially that they received passing scores on the entrance examination. After Tracy recomputed the scores, however, she found that they were a few points short of passing. The test records were not produced during the hearings, leading the board to find that the Department had failed to establish that the men had, in fact, failed to obtain the minimum passing grades. The test results were not the basis for the hospital’s decision not to accept the fire fighters into the program, however.

The board concluded that the evidence concerning the behavior and statements of both plaintiffs under the circumstances demonstrated that neither wished to become paramedics or attend the classes at the hospital. In effect, they deliberately thwarted or sabotaged compliance with the chief’s order. They failed to become certified as paramedics as required by the Department order, and the board accordingly found that their conduct of February 17 constituted substantial shortcomings that required discipline short of discharge.

The board then imposed suspensions for 10 “duty days” consisting of 24-hour days (equating with 30 eight-hour days), plus fines in the amount of $3,500 against Kadzielawski and $1,500 against Sa-jovic.

Plaintiffs appealed to the circuit court of Cook County, which affirmed the suspensions but reduced the fines to sums of $500 and $200, respectively.

Opinion

Plaintiffs raise four issues. They challenge the propriety of the board’s imposition of discipline for what they characterize as their exercise of free speech concerning matters of public concern. Alternatively, they contend that the decision was against the manifest weight of the evidence. They also argue that the board lacks statutory authority to fine employees.

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Bluebook (online)
551 N.E.2d 331, 194 Ill. App. 3d 676, 141 Ill. Dec. 338, 1990 Ill. App. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kadzielawski-v-board-of-fire-police-commissioners-illappct-1990.