Keefer v. Trizna

381 N.E.2d 1049, 64 Ill. App. 3d 844, 21 Ill. Dec. 602, 1978 Ill. App. LEXIS 3354
CourtAppellate Court of Illinois
DecidedOctober 19, 1978
Docket78-32
StatusPublished
Cited by4 cases

This text of 381 N.E.2d 1049 (Keefer v. Trizna) 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
Keefer v. Trizna, 381 N.E.2d 1049, 64 Ill. App. 3d 844, 21 Ill. Dec. 602, 1978 Ill. App. LEXIS 3354 (Ill. Ct. App. 1978).

Opinion

Mr. JUSTICE SCOTT

delivered the opinion of the court:

This is an appeal from an order of the circuit court of Will County which granted the defendant Sheriff Trizna’s motion to dismiss the amended complaint of the plaintiff Keefer, who was a nonprobationary deputy sheriff of Will County. The plaintiff’s amended complaint was brought in four counts and sought inter alia to set aside certain disciplinary measures exacted upon him by the defendant.

The litigation between the parties from which this appeal ensued stems from a policy or practice of the defendant sheriff whereby he transferred to the members of his department the uninsured cost of repairing damaged departmental motor vehicles when the same were damaged by one of his deputies or other members of the sheriff’s office. Specifically, the defendant sheriff’s policy was that when a deputy was involved in an accident resulting in damage to a county vehicle, the deputy would be given the option of either confessing negligence in connection with the accident and paying the sum of *250 (being the nondeductible portion of the department’s insurance coverage), or should the deputy refuse to make such confession and payment the alternative was that the deputy would be transferred from his normal duties to duty at the county jail, where he would remain until he confessed negligence and made payment, and he might further be suspended from his job for a period of time which would result in a savings to the sheriff’s department of at least the sum of *250. This savings would be derived from unpaid salary or compensation to the deputy.

In the instant case the plaintiff Keefer was involved in an accident with the departmental squad car. On December 18,1975, the defendant gave the plaintiff the option of either making the *250 payment or receiving a five- to ten-day suspension from duties without pay. The plaintiff declined to make payment and on December 23, 1975, he was suspended by the defendant for a period of five days which resulted in a salary loss of *264. A copy of the disciplinary letter received by the plaintiff was placed in his personnel file and another copy was filed with the Will County Merit Commission. The plaintiff in addition to the foregoing was punished by being transferred from squad car duties to duties at the county jail.

At all times during the course of these events there was in effect General Order No. 74-9 which had been promulgated by the defendant sheriff and which provides for an advisory Personnel Review Board. We will direct our attention to this board and its procedural requirements as these matters become pertinent to the issues raised in this appeal.

The appeal raises for review several issues, one being that the discipline imposed upon him deprived him of a constitutionally protected property right in his employment without due process of law.

The defendant in arguing that the plaintiff has no property right in his employment which entitles him to due process protection relies primarily on the case of Bishop v. Wood (1976), 426 U.S. 341, 48 L. Ed. 2d 684, 96 S. Ct. 2074. After a close examination of this case we are not fully convinced that it stands for the proposition that the plaintiff in the instant case had no property interest in his employment and hence was not entitled to the due process protections. Unlike the North Carolina policeman in Bishop v-. Wood, the employment of the plaintiff Keefer was not determinable solely at the will of his employer. However, we do not deem it necessary to consider the property interest in employment issue in order to determine the correctness or incorrectness of the trial court’s decision in this case. There are other issues raised by the plaintiff which, after examination, dictate that the order of the trial court dismissing the plaintiff’s amended complaint should be reversed.

The plaintiff asserts that the defendant sheriff when suspending him failed to comply with his own procedural rules governing disciplinary matters and he was thereby denied the benefit of due process of law. The plaintiff in this assertion is referring to the hearing or investigation held by the Personnel Review Board. This board, its duties and its procedural requirements were created and established by the defendant’s promulgation of General Order No. 74-9. This order creates a five-member board and requires that orders directing an individual to appear before the board shall specifically state all charges and shall set forth the date, place and time of the meeting. A number of other procedural requirements are set forth by General Order No. 74-9, one of which is that after a board hearing has been completed the chairman shall draft a report indicating the members comprising the board, the evidence adduced for and against the accused, and the findings and recommendations of the board.

In examining the record in this case we find that there was a failure by the Personnel Review Board to comply with what we deem to be significant procedural requirements as set forth in General Order No. 74-9. The plaintiff was not furnished with an order to appear before the board which specifically stated the charges against him. The report submitted to the defendant by the chairman of the board discloses that only three of the five members of the board were present when the matter of the squad car accident in which the plaintiff was involved was reviewed. There was also a failure of the chairman of the board to indicate in his report the actual proceedings of the board as well as a disclosure of the evidence adduced for and against the plaintiff. Once the defendant sheriff utilized the services of the Personnel Review Board it was incumbent on the board to comply with the rules as set forth in General Order No. 74-9. In discipline proceedings, a public body must comply with its own rules and an employee being disciplined is entitled to rely upon those rules. (See Morrison v. City of Moline (1976), 37 Ill. App. 3d 697, 346 N.E.2d 55; Reilly v. Board of Fire & Police Commissioners (1975), 32 Ill. App. 3d 142, 336 N.E.2d 334.) The defendant contends that due process requirements for a short suspension does not require the full gamut of procedural safeguards and in support of this contention cites the case of Goss v. Lopez (1975), 417 U.S. 565,42 L. Ed. 2d 725, 95 S. Ct. 729. We quarrel not with the law as set forth in Goss v. Lopez; however, we do not consider it applicable in the instant case. Goss v. Lopez dealt with the minimum standards of a hearing which an agency is required to provide where no written or statutory standards are present. We are faced with a different situation in that General Order No. 74-9 set forth the requisite procedural standards and failure of a public body to comply with its own standards and rules denies due process to an employee being disciplined and hence results in reversible error.

Even though we have concluded that in this appeal a reversal is in order, an additional issue has been raised by the plaintiff which in our opinion is so fundamental to the propriety of the litigation that it should be determined by this court.

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Bluebook (online)
381 N.E.2d 1049, 64 Ill. App. 3d 844, 21 Ill. Dec. 602, 1978 Ill. App. LEXIS 3354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keefer-v-trizna-illappct-1978.