Rodriguez v. Bagnola

698 N.E.2d 170, 297 Ill. App. 3d 906, 232 Ill. Dec. 332
CourtAppellate Court of Illinois
DecidedJune 30, 1998
Docket1—96—1807, 1—97—0094 cons.
StatusPublished
Cited by12 cases

This text of 698 N.E.2d 170 (Rodriguez v. Bagnola) 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
Rodriguez v. Bagnola, 698 N.E.2d 170, 297 Ill. App. 3d 906, 232 Ill. Dec. 332 (Ill. Ct. App. 1998).

Opinion

JUSTICE TULLY

delivered the opinion of the court:

Matt Rodriguez, superintendent of police of the City of Chicago (Superintendent), filed administrative charges against James Bagnola (Bagnola) seeking to discharge Bagnola from his position as a Chicago police officer for knowingly possessing cocaine. Initially, on March 11, 1993, the Police Board of the City of Chicago (the Board) dismissed the charges and ordered that Bagnola be reinstated with back pay. The Superintendent brought a complaint for administrative review to the circuit court of Cook County, naming Bagnola and the Board as defendants. The circuit court vacated the Board’s decision and remanded the matter for an administrative hearing. Bagnola filed a motion to dismiss the administrative review appeal, which the circuit court denied. Bagnola appealed to this court under docket number 1 — 96—1807. While the first appeal was pending, the Board found Bagnola guilty of the charges upon remand and ordered him discharged. Bagnola appealed the findings and decision of the Board to the circuit court of Cook County, and the circuit court affirmed the Board’s rulings. Subsequently, Bagnola appealed under docket number 1 — 97—0094. Both appeals were consolidated. Jurisdiction is vested in this court pursuant to Supreme Court Rule 301 (155 Ill. 2d R. 301).

FACTUAL HISTORY

The pertinent facts are as follows. James Bagnola was a Chicago police officer since 1973. On July 19, 1991, the Chicago police department (Department) received information from Bagnola’s sister and wife that he was using cocaine on a daily basis and became “a maniac.” Consequently, the Department ordered Bagnola to report to the medical services section to submit two urine samples for a drug analysis. At that time, Bagnola was scheduled to begin a three-week vacation.

Bagnola reported to the Department’s medical services section and submitted two urine specimens, one of which was immediately sent to SmithKline Beecham Clinical Laboratories (the SKB lab), which performs all the urinalyses for the Department. The specimens were taken 35 minutes apart because Bagnola needed to drink more fluids • to get a second specimen. On July 20, 1991, the Department and Bagnola were informed that the first specimen tested positive for cocaine metabolite benzoylecgonine (BZE) at a level of 111,372 ng/ml. According to Bagnola, an unidentified individual told him that he could send the second urine specimen to a laboratory of his choice for independent testing, but only if the laboratory were within a 60-mile radius of the City of Chicago and its results could be given to the Department within a 48-hour period. Out of three laboratories, only one, the SKB lab, could return the results within 48 hours. Therefore, in September

1991, Bagnola sent the second specimen to the SKB lab, which also tested positive for BZE at a level of 16,322 ng/ml. It is undisputed that Bagnola was not advised that he had the right to counsel nor was he advised of his administrative proceeding rights in writing.

The Superintendent filed charges against Bagnola on September 4, 1992, for violating the following rules:

“RULE 1: Violation of any law or ordinance.
RULE 2: Any action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department.
RULE 6: Disobedience of an order or directive, whether written or oral.”

In response, Bagnola filed a motion to dismiss based on a failure to comply with the requirements contained in section 10 — 1—18.1 of the Illinois Municipal Code (111. Rev. Stat. 1991, ch. 24, par. 10 — 1—18.1 (now 65 ILCS 5/10 — 1—18.1 (West 1996))) and section 2 — 84—030 of the Chicago Municipal Code (Chicago Municipal Code § 2 — 84—030 (1990)). The Board dismissed the charges on March 11, 1993, based on the appellate court’s ruling in Corgiat v. Police Board, 241 Ill. App. 3d 1, 612 N.E.2d 1343 (1992), which held that a police officer must be advised of statutory administrative rights, including the right to counsel, before a police officer submits a urine sample. The Superintendent filed a complaint for administrative review in the circuit court of Cook County, naming Bagnola and the Board as defendants. While that matter was pending, the Illinois Supreme Court reversed the Corgiat decision and held that administrative warnings do not have to be issued before an officer is ordered to submit a urine sample, nor will a urinalysis test be considered an examination. Corgiat v. Police Board, 155 Ill. 2d 384, 612 N.E.2d 1232 (1993). Based on that ruling, the circuit court vacated the Board’s ruling and remanded for an administrative hearing on the merits. Bagnola filed a motion to dismiss the administrative review appeal, which the circuit court denied. Bagnola appealed.

At the evidentiary hearing, the chain of custody was established. Sergeant Thomas Tranckitello of the Internal Affairs Department went with Bagnola to the random drug testing unit to take a drug screening test. Officer Anna Hanley was working at the unit and checked Bagnola’s identification. Sergeant Tranckitello took Bagnola to the restroom and witnessed Bagnola provide the urine specimen and give it to Officer Hanley. Officer Hanley completed the paperwork, placed the urine sample into a bottle and sealed it with tape. She then placed the bottle into a tamper-proof bag, sealed it and labeled it. Bagnola signed an affidavit stating that he had witnessed Officer Hanley’s procedure and then initialed and dated the bag. The urine specimen was sent to the SKB lab.

Officer Hanley informed Bagnola that another sample was needed and to get something to drink. Half an hour later, Bagnola provided another specimen and went through the entire procedure again. Tranckitello never lost sight of Bagnola while he was providing the samples and witnessed the whole procedural paperwork.

The first specimen (Sample A) arrived at the SKB lab, where it was received by Maryellen Stickling, a SKB employee. She testified that she checked the accuracy of the date, checked the identification numbers on the paperwork and on the bottle, ensured that the seal on the bottle of Sample A was intact and that no tampering had occurred. Once Stickling finished checking these items, she fully logged all the information into a computer. Stickling then opened the bottle and poured a small amount into a vial and handed it to a technician to perform the actual drug screening test. The remaining Sample A was placed in temporary storage.

The Superintendent offered other witnesses to testify in regard to the chain of custody. Erin McCourt Omori stated that she had reviewed and verified the test results and the chain of custody for the EMIT test screening of Sample A. The EMIT screening test is a qualitative test and any positive result from it is presumptive for the drug that it screened for. The EMIT screen for Sample A was positive for both opium and cocaine. Regina Coleman testified that she was an SKB specimen processor and performed the confirmation testing on Sample A.

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

Related

Porter v. Cook County Sheriff's Merit Board
2020 IL App (1st) 191266 (Appellate Court of Illinois, 2020)
Glaser v. City of Chicago
2018 IL App (1st) 171987 (Appellate Court of Illinois, 2018)
K&K Iron Works, Inc. v. Marc Realty, LLC
2014 IL App (1st) 133688 (Appellate Court of Illinois, 2014)
Chicago Housing Authority v. Human Rights Commission
759 N.E.2d 37 (Appellate Court of Illinois, 2001)
Chicago Housing Authority v. Human Rights Comm'n
Appellate Court of Illinois, 2001
Fragakis v. Police & Fire Commissioners
Appellate Court of Illinois, 1999
Fragakis v. SCHILLER PARK POLICE AND FIRE
707 N.E.2d 660 (Appellate Court of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
698 N.E.2d 170, 297 Ill. App. 3d 906, 232 Ill. Dec. 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-bagnola-illappct-1998.