Kelly v. Board of Trustees of the University

559 N.E.2d 196, 201 Ill. App. 3d 692, 147 Ill. Dec. 196, 1990 Ill. App. LEXIS 1101
CourtAppellate Court of Illinois
DecidedJuly 26, 1990
Docket1-88-2628
StatusPublished
Cited by7 cases

This text of 559 N.E.2d 196 (Kelly v. Board of Trustees of the University) 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
Kelly v. Board of Trustees of the University, 559 N.E.2d 196, 201 Ill. App. 3d 692, 147 Ill. Dec. 196, 1990 Ill. App. LEXIS 1101 (Ill. Ct. App. 1990).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant, the Board of Trustees of the University of Illinois (hereinafter the University), appeals the decision of the trial court, sitting in administrative review (Ill. Rev. Stat. 1983, ch. 110, par. 3 — 101 et seq.), that set aside the decision of the State Universities Civil Service Merit Board (hereinafter the Board) to discharge plaintiff, Agnes Kelly, from her employment with the University. On appeal, defendant University questions jurisdiction, evidentiary standards, and findings of the trial court. For the reasons that follow, we reverse the judgment of the circuit court.

In 1974, plaintiff became employed with the University of Illinois as a data processing analyst I in the department of information systems. By 1977, plaintiff had advanced to the position of data processing analyst III. In January 1983, plaintiff was placed under the supervision of Marlene Wojcik. On November 12, 1984, plaintiff received a notice of discharge which alleged that her work performance was poor, she was reluctant and unwilling to obey her supervisor’s orders and resisted supervisory direction, and that she conducted herself in a manner unbecoming to a University employee.

The record indicates that the University charged plaintiff with poor work performance; reluctance and unwillingness to obey the rightful order of her supervisor; resistance to supervisory direction; conduct unbecoming a University employee; inability to work without frequent detailed instructions from superior; and inability to determine and adhere to priorities. Specifically, the University alleged that plaintiff disrupted the efficient operation of the workplace; failed to meet deadlines; refused to report to her superior concerning the status of her work; was argumentative with her supervisor; and consistently performed below the expectation level required of a data processing analyst III.

The University alleges that on June 12, 1984, plaintiff incorrectly instructed employees in another department to produce an erroneous report which contained inaccurate information. The University further alleged that plaintiff required special supervision and intervention to insure that routine assignments were properly completed. During August 1984, plaintiff’s supervisor requested that plaintiff correct a report which was needed the following week. Plaintiff was unable to meet the deadline and informed her supervisor that an additional 22 days of “uninterrupted time” were necessary to complete the project. After the supervisor intervened and assigned another employee to the project, it was completed in 11 hours.

The University further alleges that on July 16, 1984, plaintiff was asked to develop a mailing label system. Plaintiff was given until August 2, 1984, to complete this task. Plaintiff was unable to complete the project in a timely fashion and failed to follow her supervisor’s direction for corrections to the system. On April 9, 1984, plaintiff was assigned a project which was to be completed by April 23, 1984. On June 8, 1984, plaintiff submitted a draft of the project to her supervisor, who determined that the draft was unsatisfactory. Plaintiff’s supervisor extended the deadline to August 6, 1984. Plaintiff did not meet the extended deadline. Plaintiff did not advise her supervisor that the project would be delayed further, nor did she provide her supervisor with an estimated completion date. The record indicates several instances of plaintiff’s inability to complete projects in a timely fashion and failure by plaintiff to inform her supervisor that the assigned project would be late. Plaintiff’s time logs indicate that plaintiff read trade journals, cleaned her desk, and organized files rather than working on priority assignments.

Additionally, plaintiff received three letters of warning which cited various inadequacies, including plaintiff’s failure to complete assignments and taking unauthorized breaks and unauthorized departures from the work area. Plaintiff has also been suspended on three occasions for a total of 36 business days for conduct similar to that which was reported above.

After receiving the notice of discharge, plaintiff requested a hearing by the Board concerning the allegations and the notice. After a hearing, a trier of fact recommended plaintiffs discharge from her employment with the University. The Board accepted the recommendation and plaintiff was discharged. The Board’s decision and order were issued on April 23, 1985.

On May 7, 1985, plaintiff filed a petition for administrative review, pursuant to statute (Ill. Rev. Stat. 1983, ch. 110, par. 3 — 101 et seq.), in the circuit court of Cook County and No. 85 — CH—4559 was assigned to the cause. Summonses were issued and served on defendants. The trial court determined that the Board’s decision was against the manifest weight of the evidence and ordered the case returned to the Board for a rehearing. Defendant appealed to the appellate court, and plaintiff filed a cross-appeal, which defendant moved to dismiss. The appellate court dismissed both appeals, finding that the order of the circuit court was not a final appealable order. The case was returned to the circuit court, where defendant moved to dismiss the action. Its motion was granted, and the case was returned to the Board for a rehearing pursuant to the October 15, 1985, and January 20, 1987, orders of the circuit court.

On April 2, 1987, the Board heard the case. Before it could issue a decision, plaintiff appealed the circuit court’s order of January 20. The appeal was dismissed because no final order had been issued. Thereafter, on September 23, 1987, the Board issued a “Rehearing Decision and Order” which again discharged plaintiff. On November 6, 1987, the appellate court issued an order which instructed plaintiff that she had “until November 30, 1987, to file for Administrative Review of the Merit Board’s September 23, 1987, Decision and Order.” On November 23, 1987, plaintiff filed a second complaint for administrative review with the clerk of the circuit court; No. 86 — CH—5658 was assigned to this cause.

Thereafter, the case came before the circuit court on cross-motions for summary judgment and that court found in favor of the plaintiff and against the defendant and ordered that plaintiff be reinstated to a position of employment with the University. Defendant now appeals from this final order of the circuit court and raises the following issues: (1) whether the trial court lacked subject matter jurisdiction over the administrative review actions; (2) whether the trial court held that the Board’s findings were against the manifest weight of evidence; (3) whether the Board’s findings were against the manifest weight of the evidence; and (4) whether the record supports a finding of cause for plaintiff’s discharge.

Initially defendant argues that plaintiff failed to file a timely complaint in the circuit court for review of the Board’s decision; therefore, the circuit court lacked subject matter jurisdiction over the claim. Plaintiff contends that her complaint for administrative review was originally filed on May 7, 1985, after the Board's April 23, 1985, decision and order, in accordance with Illinois statutory law (Ill. Rev. Stat. 1983, ch. 110, par.

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Bluebook (online)
559 N.E.2d 196, 201 Ill. App. 3d 692, 147 Ill. Dec. 196, 1990 Ill. App. LEXIS 1101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-board-of-trustees-of-the-university-illappct-1990.