Launius v. Board of Fire & Police Commissioners

570 N.E.2d 532, 211 Ill. App. 3d 545, 156 Ill. Dec. 56, 1991 Ill. App. LEXIS 395, 1991 WL 35163
CourtAppellate Court of Illinois
DecidedMarch 18, 1991
DocketNo. 1—89—2577
StatusPublished
Cited by5 cases

This text of 570 N.E.2d 532 (Launius 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
Launius v. Board of Fire & Police Commissioners, 570 N.E.2d 532, 211 Ill. App. 3d 545, 156 Ill. Dec. 56, 1991 Ill. App. LEXIS 395, 1991 WL 35163 (Ill. Ct. App. 1991).

Opinions

JUSTICE BUCKLEY

delivered the opinion of the court:

This action on administrative review arises from charges brought by defendant Joseph Kozenczak, chief of police of the City of Des Plaines, against Clifford Launius (plaintiff), a police officer of the Des Plaines police department (the department), for his conduct in leaving his assigned post on August 14, 1987. Following a hearing before defendant the Board of Fire and Police Commissioners of the City of Des Plaines (the Board), the Board found that plaintiff had violated various department rules and regulations and discharged plaintiff from service. On appeal from the circuit court’s order affirming the Board’s decision, plaintiff contends that he did not receive a fair and impartial hearing before the Board, that the Board’s findings are against the manifest weight of the evidence, and that the sanction of discharge is arbitrary, capricious and unreasonable.

In the early morning hours of August 14, 1987, plaintiff left his wife and two children, ages eight months and five years, at their townhouse in Wheeling, Illinois, and drove to the police station to begin the 7 a.m. to 3 p.m. second watch. He was aware en route to the station that an excessive amount of rain had fallen overnight and that a number of roadways were impassible due to standing water. On his 6:45 a.m. arrival, plaintiff was assigned to the complaint desk and switchboard, where he was required to transfer to the dispatcher telephone calls from citizens requesting information and assistance.

Between 7:30 and 7:45 a.m., officers assigned to the desk and those on the street were advised of the implementation of the city’s emergency traffic plan, which requires traffic accident victims to report accidents at the police station. At 8:25 a.m., the mayor ordered the chief of police to the emergency command center, a coordinating center for department heads.

At approximately 7:30 a.m., plaintiff, upon noticing the heavy rainfall, telephoned his wife and requested that she check their basement for water. His wife reported no water in the basement, but stated that the lake across the street had overflowed its banks and flooded the street. Between 8 a.m. and 8:15 a.m., plaintiff’s wife telephoned plaintiff to inform him that water was at that time seeping into the basement and that the lake’s overflow had progressed to the front lawn and garage. Plaintiff again contacted his wife between 9 a.m. and 9:10 a.m., at which time his wife excitedly reported the continuance of the spread of water toward the house and the continuance of water accumulation in the basement.

Plaintiff then informed Lieutenant Ronald K. Diehl that flooding was becoming a problem at his home and that, as a result, he might have to leave. Diehl refused to give plaintiff permission to leave. When plaintiff approached Diehl a second time, around 9:25 a.m., Diehl again denied plaintiff’s request to leave. Plaintiff replied that his home, wife, and children were more important than “this place,” and then stated that he would wait awhile.

At approximately 9:45 a.m., when plaintiff telephoned his wife, she stated in a hysterical voice that water was at the doorstep and that water was pouring in through the window wells. Between 9:45 a.m. and 10 a.m., plaintiff changed from his uniform into civilian clothes and left the police department without receiving permission to do so.

At the time of plaintiff’s departure, five other police officers, including two sergeants and Lieutenant Diehl, were stationed at the desk area where the three-line switchboard was located. Plaintiff was observed by the chief of police, Diehl and Captain Clark as he left the station and heard them mention his name in a conversation amongst themselves. Plaintiff’s position was replaced within a half an hour from his departure, and no incoming telephone calls were left unanswered.

The evidence at the hearing conflicted regarding the details surrounding plaintiff’s departure. Plaintiff testified that, when he first approached Diehl regarding the problem, Diehl stated that his wife should “start bailing.” Diehl denied making such a remark. Plaintiff also stated that Diehl did not respond when he spoke with him a third time and requested that he speak to the chief of police on his behalf. Diehl denied speaking with plaintiff following the second conversation.

At the hearing, Diehl described the situation at the department the morning of plaintiff’s departure. The department was taking incoming telephone calls, but could not make any outgoing calls. The officers were barely able to keep up with the flood-related inquiries. No squad cars were available to answer calls, and officers could not respond to all the power and alarms going off in the city. Because they could not call in additional manpower, officers on the street drove to the homes of officers living in the city to tell them to report to the station. The two sergeants manning the desk area at the time described the situation as “very hectic” and “very busy.”

When plaintiff arrived at the entrance to his subdivision after the 45-minute, eight-mile drive to his townhouse development, he could not proceed farther. Although the rain and the spread of water had ceased by this time, plaintiff had to walk the quarter mile to his home in water levels he estimated as ranging from ankle depth to chest high. When plaintiff reached his home, he first checked his family’s safety, then checked his basement, which sustained minimal damage due to the four to six inches of water, and shortly after 11 a.m. checked on his neighbors.

Witnesses at the hearing further described the conditions at the townhouse development that day. Plaintiffs wife, who was five feet 2 inches in height, estimated the water in the street outside her home to be waist high at the time she spoke to plaintiff that morning. She testified that cars were unable to enter or exit the development until the next day. Plaintiff’s neighbor stated that the water level, estimated to be 2V2 to 3 feet high in the street at 9 a.m., did not subside until late afternoon. Plaintiff estimated that the water level on the street near his. townhouse, as depicted in photographs taken by him sometime after 2 p.m., varied from one foot to two feet.

Plaintiff spent the remainder of the afternoon until dusk filling and hauling sandbags around his and his neighbors’ homes because more rain was expected and a flash-flood warning was in effect until 2 p.m. Plaintiff could not make outgoing calls from 11 a.m. until the early evening. At approximately 9:30 p.m., Officer Timothy Veit telephoned plaintiff at his home to inform him of the 12-hour shifts at the station. Plaintiff telephoned the watch commander, Lieutenant Storm, at 9:50 p.m. to advise him of his availability for duty. Storm told plaintiff that plaintiff was put on emergency suspension with pay.

At the hearing, the parties presented evidence regarding the existence of emergency conditions and plaintiff’s knowledge of such at the time of his departure. Plaintiff testified that he left a non-emergency switchboard and that he did not receive any emergency calls on that date. He was never informed of the existence of an emergency and was not informed of 12-hour shifts, which would indicate emergency conditions, until Veit’s telephone call at 9:30 p.m.

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619 N.E.2d 830 (Appellate Court of Illinois, 1993)
Dworak v. Village of Wilmette
618 N.E.2d 974 (Appellate Court of Illinois, 1993)
Launius v. BD. OF FIRE & POLICE COM'RS OF CITY OF DES PLAINES
603 N.E.2d 477 (Illinois Supreme Court, 1992)
Illinois State Police v. Illinois State Police Merit Board
601 N.E.2d 966 (Appellate Court of Illinois, 1992)

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Bluebook (online)
570 N.E.2d 532, 211 Ill. App. 3d 545, 156 Ill. Dec. 56, 1991 Ill. App. LEXIS 395, 1991 WL 35163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/launius-v-board-of-fire-police-commissioners-illappct-1991.