Merrifield v. Illinois State Police Merit Board

294 Ill. App. 3d 520
CourtAppellate Court of Illinois
DecidedDecember 20, 1997
Docket4-97-0391
StatusPublished
Cited by53 cases

This text of 294 Ill. App. 3d 520 (Merrifield v. Illinois State Police Merit Board) 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
Merrifield v. Illinois State Police Merit Board, 294 Ill. App. 3d 520 (Ill. Ct. App. 1997).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In March 1991, defendant Illinois State Police Merit Board (Board) found that plaintiff, William A. Merrifield, had violated certain rules of conduct prescribed by defendant Illinois State Police (Department) and, on this basis, terminated his employment as a state police officer. In April 1991, Merrifield filed a complaint for administrative review of the Board’s decision. In December 1995, the circuit court upheld the Board’s decision. Merrifield subsequently filed a motion for reconsideration, and in January 1996, the circuit court affirmed the Board’s ruling in part, reversed it in part, and remanded the matter for further consideration.

In June 1996, the Board issued an order reaffirming its prior decision. Merrifield filed a second complaint for administrative review in July 1996. In April 1997, the circuit court reversed the Board’s ruling on one of the violations and, with respect to the other violations, determined that suspension — rather than discharge — was the appropriate sanction.

The Board appeals, arguing that the circuit court erred by reversing the Board’s decision in part and imposing its own sanction where the evidence was sufficient to support Merrifield’s dismissal. For the following reasons, we reverse the circuit court and reinstate the Board’s June 1996 decision.

I. BACKGROUND

A. The Department’s Complaint

In August 1990, the Director of the Department filed a four-count complaint with the Board requesting Merrifield’s discharge for cause. Count I alleged that Merrifield’s association with Brenda Houston, a convicted felon, violated Rule 21 of the Department’s rules of conduct, which provides:

"Except as necessary to the performance of official duties, or where unavoidable because of other family relationships of the officer, officers will avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the [D]epartment for present or past involvement in felonious or criminal behavior.” Illinois State Police Directives Manual § ROC — 002, Rules of Conduct, Rule 21 (1996).

Count II and paragraphs 14 and 15 of count III alleged that Merrifield lied to his immediate supervisor and to investigating officers in violation of Rules 41 and 42, respectively. Rule 41 provides as follows:

"Upon the order of the director, deputy director or a superior officer, officers will truthfully answer all questions specifically directed and narrowly related to the scope of employment and operations of the [Department which may be asked of them.” Illinois State Police Directives Manual § ROC — 002, Rules of Conduct, Rule 41 (1996).

Rule 42 states:

"Officers are required to answer questions by, or render material and relevant statements to, competent authority in a [Department personnel investigation when said officer, prior to the interrogation!,] has been advised of his statutory administrative proceedings rights if the allegation indicates a recommendation for a demotion, suspension of more than 15 days or removal or discharge is probable, and/or his constitutional rights concerning self-incrimination if the allegation indicates that criminal prosecution is probable against that officer.” Illinois State Police Directives Manual § ROC — 002, Rules of Conduct, Rule 42 (1996).

Finally, count IV (misnumbered count VI in the complaint) alleged that Merrifield’s aforementioned conduct constituted conduct unbecoming an officer in violation of Rule 7, which provides:

"Officers will conduct themselves on and off duty in such a manner as to reflect favorably on the [Department. Officers will not engage in conduct which discredits the integrity of the [Department or its employees, or which impairs the operations of the Department. Such actions will constitute conduct unbecoming an officer.” niinois State Police Directives Manual § ROC — 002, Rules of Conduct, Rule 7 (1996).

B. The Evidence Presented at the Board Hearing

In October 1990, a hearing officer serving on behalf of the Board held a hearing on the Director’s complaint. The evidence presented during that proceeding showed the following.

Since March 1975, Merrifield had been an Illinois state police officer assigned to the District 9 office in Springfield, Illinois. Merrifield and Houston met in May 1988 and shortly thereafter began dating. Previously, in February 1988, Houston had pleaded guilty to and was convicted in Michigan of the "delivery/manufacture” of between 225 and 649 grams of cocaine and, in July 1988, she was sentenced to 10 to 30 years in the Michigan Department of Corrections. In September 1989, the Michigan Appellate Court affirmed her conviction, and in May 1990, the Michigan Supreme Court denied her leave to appeal.

Houston began serving her sentence at the Kalamazoo County jail in early August 1988. Prior to this time, Merrifield had no knowledge of either Houston’s conviction or sentence. Shortly after arriving at the jail, Houston called Merrifield and informed him that she was incarcerated. Merrifield asked Houston why she was in jail but Houston did not provide a specific explanation. Rather, Houston told Merrifield only that she had "gotten in some trouble.”

In late August 1988, Houston was transferred to the Huron Valley Women’s Facility in Ypsilanti, Michigan. Houston called Merrifield at that time and informed him of her transfer. In addition, Houston told Merrifield that she was in prison because she had been convicted of the delivery of a controlled substance.

Between August 1988 and May 1989, Merrifield visited Houston at the facility a total of 11 times. During these visits, Merrifield and Houston discussed plans for marriage and, on one occasion, Merrifield asked Houston to marry him. Houston was released from prison in May 1989 pending an appeal of her conviction and returned to Springfield, where she continued her relationship with Merrifield.

In August 1989, special agent Lewis Dillon of the Department’s Division of Internal Investigation received a complaint letter from Merrifield’s ex-wife alleging Merrifield was associated with a convicted felon — namely, Houston. Dillon checked Houston’s criminal history, which confirmed she had a felony drug conviction in Michigan. Pursuant to the letter and criminal check, the Department, headed by Master Sergeant Jerry Courtney and Dillon, commenced an internal investigation of Merrifield’s relationship with Houston.

The following occurred on or about November 2, 1989. Kim Frick, an Illinois state trooper working with Merrifield at District 9 office, received a telephone call from Houston. Frick later telephoned Houston at Merrifield’s residence, and during the course of their conversation, Houston became angry with Frick. As a result, Frick felt threatened and feared retaliation.

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294 Ill. App. 3d 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrifield-v-illinois-state-police-merit-board-illappct-1997.