Launius v. BD. OF FIRE & POLICE COM'RS OF CITY OF DES PLAINES

603 N.E.2d 477, 151 Ill. 2d 419, 177 Ill. Dec. 407, 1992 Ill. LEXIS 126
CourtIllinois Supreme Court
DecidedSeptember 24, 1992
Docket72070, 72075 cons.
StatusPublished
Cited by116 cases

This text of 603 N.E.2d 477 (Launius v. BD. OF FIRE & POLICE COM'RS OF CITY OF DES PLAINES) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Launius v. BD. OF FIRE & POLICE COM'RS OF CITY OF DES PLAINES, 603 N.E.2d 477, 151 Ill. 2d 419, 177 Ill. Dec. 407, 1992 Ill. LEXIS 126 (Ill. 1992).

Opinion

JUSTICE MORAN

delivered the opinion of the court:

Plaintiff, Clifford Launius, was discharged from his job as a police officer with the Des Plaines police department (the department). He filed a complaint for administrative review in the circuit court of Cook County against the defendants,' the board of fire and police commissioners of the City of Des Plaines (the board) and Joseph Kozenczak, chief of police of the City of Des Plaines. The court affirmed the board’s order and plaintiff appealed. The appellate court, with one justice dissenting, reversed and remanded the matter to the board so that it could consider a more appropriate sanction. (211 Ill. App. 3d 545.) This court allowed defendants’ petitions for leave to appeal (134 Ill. 2d R. 315(a)).

The City of Chicago and the Illinois Municipal League filed briefs, as amici curiae, in support of defendants. Three lodges of the Fraternal Order of Police — Illinois State Lodge, Lodge Number 7, and Lodge Number 41— filed briefs, as amici curiae, in support of plaintiff.

The two issues presented for review are whether: (1) the board’s findings were against the manifest weight of the evidence, and (2) the appellate court erred in overturning the board’s decision to discharge plaintiff.

Plaintiff’s discharge was primarily a consequence of his leaving work on August 14, 1987. On this particular day, plaintiff was scheduled to work from 7 a.m. until 3 p.m. He reported for work on time and was assigned to work the complaint desk located on the first floor of the police station. In this assignment, he was responsible for handling walk-in complaints from citizens and answering telephones. While at work that morning, he spoke with his wife four different times on the telephone.

At around 7:30 a.m., plaintiff telephoned his wife at home because, during the preceding hour, he “noticed that it was raining very, very hard outside.” He asked her to check the basement of their town house, which she did, and she then told him that there was no seepage. However, she informed him that water from a nearby lake had overflowed and flooded the street in front of their home. Plaintiff spoke to his wife a second time between 8 a.m. and 8:15 a.m. During this telephone call, she informed him that water was seeping into the basement and it had spread onto their front lawn and to the garage. At around 9 a.m., plaintiff spoke to his wife a third time and, in an excited tone, she informed him that the basement was accumulating water and that the water continued to flow towards their house. At 9:45 a.m., plaintiff spoke to his wife a fourth time. He testified that during this last telephone call, his wife was hysterical because water had reached the doorstep of their home and it was coming through the window wells.

After the third telephone conversation with his wife, plaintiff informed Lieutenant Ronald Diehl that he might have to leave his post because water was entering his basement, flooding was becoming a problem, and lake water was approaching his home. Lieutenant Diehl denied his request. He approached Diehl a second time at approximately 9:25 a.m. and asked for relief, explaining that there is a time when the safety and welfare of one’s family comes before a job. Plaintiff testified that Diehl told him that it was a decision that plaintiff had to make and the lieutenant walked away. Shortly thereafter,. he asked Diehl if he could request permission from the chief of police, but Diehl turned away without saying anything.

At approximately 9:45 a.m., he was concerned about the safety of his wife and two young daughters, who were five years and six months old at the time. He believed his wife and children were in jeopardy so he went to the locker room and changed into his civilian clothes. Plaintiff then exited the building and drove his car the eight-mile distance between the police station and his Wheeling town house.

According to plaintiff, the travel time between his home and the station is normally a 15-minute commute, but his trip back to his town house “took approximately 45 minutes to an hour.” He parked his car at the entrance to the subdivision in which his town house was located because of the amount of water that had accumulated in the streets within the subdivision. From there, he walked the quarter mile to his town house. He saw that the street located in front of his home was filled with water to a level of about three to four feet high. He entered his home and, after checking on his family, proceeded down to the basement. He testified that his basement had “four to six inches of water” and he described the damage to his personal property as minimal. After safeguarding some personal belongings, plaintiff, from approximately 11 a.m. until dusk, helped his neighbors and hauled sandbags.

At 9:30 p.m., he received a telephone call at his home from Officer Timothy Veit, who informed him that 12-hour shifts were in effect at the police station. Twenty minutes later, plaintiff telephoned Lieutenant John Storm to make him aware that he was available if needed. Storm replied that plaintiff was put on emergency-paid suspension.

Lieutenant Diehl’s testimony before the board was generally as follows: that he was the watch commander on August 14, 1987, and his shift ran from 7 a.m. until 3 p.m.; that at approximately 9:45 a.m., plaintiff requested permission to go home because of the weather conditions and Diehl told him “no”; that plaintiff then replied “that his home, his wife, and kids [were] more important than this place,” but that he would wait awhile; that at about 10 a.m., plaintiff left his post and exited the police station; that he was never told by the plaintiff that plaintiff’s family was in danger; and that plaintiff never asked to speak to the police chief, Joseph Kozenczak.

Chief Kozenczak testified also, and his testimony was generally as follows: that he was standing outside the station with two other officers at around 10 a.m. on August 14, 1987, when he saw plaintiff; that Lieutenant Diehl told him that plaintiff had “just walked off the job”; that he suspended plaintiff with pay and filed charges seeking his dismissal; that he thought plaintiff’s conduct would undermine the authority of the command staff to control the rank and file; and that because he left his post, plaintiff’s position was filled by another officer who could have been used on the street.

Evidence was also presented relative to a June 17, 1987, incident involving plaintiff and Louis Sheffield, a motorist.

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Bluebook (online)
603 N.E.2d 477, 151 Ill. 2d 419, 177 Ill. Dec. 407, 1992 Ill. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/launius-v-bd-of-fire-police-comrs-of-city-of-des-plaines-ill-1992.