Martin v. Cajda

606 N.E.2d 566, 238 Ill. App. 3d 721, 179 Ill. Dec. 734, 1992 Ill. App. LEXIS 1898
CourtAppellate Court of Illinois
DecidedNovember 24, 1992
Docket1-91-2397
StatusPublished
Cited by26 cases

This text of 606 N.E.2d 566 (Martin v. Cajda) 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
Martin v. Cajda, 606 N.E.2d 566, 238 Ill. App. 3d 721, 179 Ill. Dec. 734, 1992 Ill. App. LEXIS 1898 (Ill. Ct. App. 1992).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

On February 1, 1990, the Chicago police department initiated a disciplinary proceeding against defendant Officer Jessie Cajda (Cajda), an 18-year veteran of the department, charging him with, inter alia, violating section 25 — 30 of the Municipal Code of Chicago. (Chicago Municipal Code §25 — 30 (1980), recodified Chicago Municipal Code §2 — 152—340 (1990).) That provision, commonly known as the residency ordinance, obligates all employees and officers of the City of Chicago (the City) to reside “actually” within its corporate boundaríes. Chicago Municipal Code §25 — 30 (1980), recodified Chicago Municipal Code §2 — 152—340 (1990).

On May 30, 1990, the Chicago Police Board (Board) held a hearing on the charges against Cajda, at which he testified as an adverse witness, called by the department. He stated that he had resided at 4149 North Mango, Chicago, Illinois, during his entire tenure as a police officer, but admitted that his wife of 10 years, Nancy Cajda (nee Villi) owned the home in which she resided at 3025 South Oak Park Avenue in Berwyn, Illinois, and at which she had lived throughout the couple’s marriage.

Officer Eugene Labiak, an investigator with the police department’s Inspector General’s office, who had conducted an investigation of Cajda, testified that he observed Cajda on seven different occasions either arrive at the Berwyn address after completing his shift as a patrolman, or leave that house in uniform and proceed to work. He also stated that he canvassed the area around the Berwyn residence, speaking to neighbors, asking if they recognized Cajda.

Two neighbors, Ms. Joyce Czerwien and Ms. Cathy Tomascewski, also testified. Ms. Czerwien lived adjacent to the Cajda residence in Berwyn, and Ms. Tomascewski lived two homes north of it. Both witnesses testified that they had seen Cajda perform duties, such as mowing the lawn and shoveling snow, at the Berwyn residence, acts consistent with actual residence there. Ms. Czerwien testified that approximately IV2 years before the date of the hearing, she observed Cajda “move out” of the Berwyn residence.

Cajda testified in his own defense as well. He stated that he owned his home in Chicago, paid the bills there and used that home as his mailing address on his Illinois and Federal income tax forms. He introduced an affidavit of title on the Berwyn home which showed that it was owned by his wife in her maiden name and that Cajda had no ownership interest in it.

He explained to the hearing officer that he and his wife maintained separate residences because his wife wanted the children to grow up and attend school in the suburbs. He admitted that he did not reside alone in the Chicago home, but that his mother and brother resided there as well.

Cajda presented 21 witnesses and a considerable amount of documentary evidence. The witnesses all testified essentially that they would either call or pick up Cajda at the Chicago address, and that he was at that address at various hours of the day and evening. The documentary evidence, which included utility bills and social club memberships, indicated that Cajda resided at the Chicago address.

At the close of evidence, the hearing officer found that Cajda violated the Chicago mandatory residency ordinance (Chicago Municipal Code §25 — 30 (1980), recodified Chicago Municipal Code §2 — 152—340 (1990)), in that he actually resided at the Berwyn residence from 1980 ■until the hearing date in 1990, and that this resulted in a violation of six of the police department’s disciplinary rules. The hearing officer recommended that the Board suspend Cajda for 60 days as punishment for his violations. The Board accepted the hearing officer’s recommendation and entered a decision suspending Cajda from February 3, 1990, until and including April 3,1990.

Superintendent of Police Martin filed a complaint for administrative review in the circuit court of Cook County, pursuant to section 3—101 et seq. of the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, pars. 3—101 through 3—112), alleging that the Board erred in failing to discharge Cajda after finding that he did not “actually” reside in the City of Chicago at some point while in the service of the City. The superintendent sought a reversal of the Board’s sanction and asked the court to remand the action to the Board, ordering it to discharge Cajda.

In his answer, Cajda denied the applicability of section 25 — 30 to his case and also denied that the section required discharge as an automatic sanction for a violation thereof. He raised no affirmative matters other than to request that the City tender his back pay to the circuit court and that it be placed in a fund until the resolution of the litigation. Cajda did not allege that the Board’s finding was against the manifest weight of the evidence nor did he intimate in any other way that he sought review of the Board’s factual findings.

After accepting memoranda from the parties and entertaining oral argument, the trial court ruled that the Board erred. It determined that the Chicago residency requirement ordinance does in fact mandate discharge for any violation thereof. Accordingly, on March 15, 1991, the court entered an order reversing the sanction imposed by the Board and remanding the cause to that agency for the entry of an order of discharge against Cajda in accordance with section 25—30 of the Municipal Code of Chicago, Illinois (Chicago Municipal Code §25—30 (1980), recodified Chicago Municipal Code §2—152—340 (1990)). On June 14, 1991, the Board complied with the court’s order by discharging Cajda from the Chicago police department.

Subsequently, however, Cajda filed a motion to set a briefing schedule and to reverse the Board’s order of discharge. The motion was not in the form of a complaint for administrative review as required by section 3—101 of the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, par. 3—101). At the hearing on his motion, Cajda suggested that the trial court had two options: It could either reverse its earlier decision as to the requirements of the Chicago residency ordinance or affirm the order of the Board discharging Cajda and allow him to appeal the decision. In response, Superintendent Martin argued that Cajda’s motion, in substance, sought to have the court reconsider its earlier decision on the proper construction of Chicago’s residency ordinance; and he further pointed out that under section 2—1203 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2—1203), a motion to reconsider a judgment must be filed within 30 days of its entry, unless extended by the court within such 30-day period. The court rendered its initial judgment on March 15, 1991, yet the hearing on Cajda’s motion was held on July 9, 1991, well after the 30 days had expired.

The trial court rejected Martin’s argument and held that the Board had complied with the court’s previous ruling. In this later order, the trial judge included an approximation of Supreme Court Rule 304(a) language, stating that “[t]he judgment if [sic] discharge is now final and the court finds no reason to delay enforcement of any appeal of this judgment.” On July 19,1991, Cajda filed his notice of appeal.

As noted above, the circuit court issued two separate orders in this action.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lambert v. City of Chicago
2023 IL App (1st) 220265-U (Appellate Court of Illinois, 2023)
KRR Investments, LLC v. County of Grundy
2021 IL App (3d) 190130 (Appellate Court of Illinois, 2021)
Nwaokocha v. Illinois Department of Financial and Professional Regulation
2018 IL App (1st) 162614 (Appellate Court of Illinois, 2018)
TUNCA v. Painter
2012 IL App (1st) 093384 (Appellate Court of Illinois, 2012)
Berg v. White
828 N.E.2d 889 (Appellate Court of Illinois, 2005)
Craig v. Brown
827 N.E.2d 526 (Appellate Court of Illinois, 2005)
In Re County Treasurer
827 N.E.2d 526 (Appellate Court of Illinois, 2005)
In re Application of the County Treasurer
Appellate Court of Illinois, 2005
Hickey v. Riera
774 N.E.2d 1 (Appellate Court of Illinois, 2001)
Physicians Insurance Exchange v. Jennings
Appellate Court of Illinois, 2000
Page v. City of Chicago
701 N.E.2d 218 (Appellate Court of Illinois, 1998)
In re C.S.
294 Ill. App. 3d 780 (Appellate Court of Illinois, 1998)
People v. Singleton
691 N.E.2d 161 (Appellate Court of Illinois, 1998)
People v. Jenkins
289 Ill. App. 3d 430 (Appellate Court of Illinois, 1997)
In Re SJ
682 N.E.2d 444 (Appellate Court of Illinois, 1997)
Bernhauser v. Glen Ellyn Dodge, Inc.
Appellate Court of Illinois, 1997
Hynes v. Department of Revenue
646 N.E.2d 1218 (Appellate Court of Illinois, 1995)
Glynn v. Retirement Board of the Policemen's Annuity & Benefit Fund
635 N.E.2d 823 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 566, 238 Ill. App. 3d 721, 179 Ill. Dec. 734, 1992 Ill. App. LEXIS 1898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-cajda-illappct-1992.