Ross v. City of Freeport

746 N.E.2d 1220, 319 Ill. App. 3d 835, 254 Ill. Dec. 172
CourtAppellate Court of Illinois
DecidedMarch 28, 2001
Docket2 — 99—1445
StatusPublished
Cited by2 cases

This text of 746 N.E.2d 1220 (Ross v. City of Freeport) 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
Ross v. City of Freeport, 746 N.E.2d 1220, 319 Ill. App. 3d 835, 254 Ill. Dec. 172 (Ill. Ct. App. 2001).

Opinion

JUSTICE GEIGER

delivered the opinion of the court:

In September 1991, the plaintiff, Arthur Ross, filed his original complaint for administrative review against the defendants, the City of Freeport, the Freeport Board of Fire and Police Commissioners (Board), commissioners Reginald D. McGee, Brian Borger, Denita Morris, David Shockey, Mark Wagner, and Police Chief Donald Parker. The cause of action was eventually removed to the federal district court, and, after the complaint was amended, the cause was remanded to the state circuit court in May 1999.

The amended complaint alleged that the plaintiff was employed as a police officer with the City of Freeport in May 1991. On May 8, 1991, the plaintiff had a conversation with Police Chief Donald Parker, during which the plaintiff disclosed that he had a personal medical problem and requested a leave of absence in order to seek treatment. Although Chief Parker initially agreed to grant a leave of absence, he subsequently changed his mind. The complaint alleges that, on May 9, 1991, Chief Parker threatened and coerced the plaintiff into resigning. The plaintiff alleged that he was misled to believe that his resignation would be preferable to a leave of absence and that if he obtained medical treatment he could apply for reinstatement within one year of his resignation.

The plaintiff then made a timely application to the Board for reinstatement after resignation and a request for a leave of absence pursuant to the Board’s rules and regulations. The plaintiff also requested a hearing by the Board concerning his “coerced resignation under threat of disciplinary charges.” The Board refused to consider each of these requests.

The amended complaint consisted of four counts, and each count was directed against all of the defendants. Count I of the amended complaint sought administrative review of the Board’s refusal to consider the plaintiffs requests for reinstatement as a police officer, for a leave of absence, and for a hearing on Chief Parker’s alleged coercion. The action for administrative review was brought pursuant to the Administrative Review Law (the Review Law) (735 ILCS 5/3 — 101 et seq. (West 1998)). Count II sought a declaratory judgment that the plaintiff was entitled to reinstatement and monetary compensation. Count III alleged fraudulent misrepresentation on the part of Chief of Police Donald Parker in purportedly promising future reinstatement as an inducement for the plaintiff to resign. Count IV alleged that the defendants breached their employment contract with the plaintiff.

The defendants moved to dismiss all of the counts on various grounds. The trial court declined to dismiss count I (administrative review) but dismissed counts II, III, and iy citing Dorner v. Illinois Civil Service Comm’n, 85 Ill. App. 3d 957 (1980). The trial court ruled that Dorner stands for the proposition that other statutory and common-law causes of action cannot be joined to a complaint for administrative review.

On November 18, 1999, the trial court denied the plaintiffs motion to reconsider and entered a finding that counts II, III, and IV were appealable pursuant to Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)). The plaintiff timely appealed. The defendants have raised arguments with respect to counts I through IV of the second amended complaint and request that this court dismiss the complaint in its entirety. However, count I remains pending in the trial court and has not been appealed. Since it is not properly before this court, we do not have jurisdiction to review it. Stykel v. City of Freeport, 318 Ill. App. 3d 839, 842 (2001). We therefore limit our review to the central question raised by the plaintiff, that is, whether the trial court erred in dismissing counts II, III, and IV

The plaintiff first argues that, because there is some question whether the Review Law applies to his claim for reinstatement as a police officer, he should be able to join common-law actions for declaratory judgment, fraudulent misrepresentation, and breach of contract, even though administrative review could be obtained. The plaintiff states that the only reason the trial court dismissed counts II, III, and IV was that there was no authority for the joinder of other actions with an administrative review action under Dorner.

In Stykel, we recently considered the question presented here and explained the significance and applicability of Dorner. In Dorner, the plaintiff, a correctional academy trainer, maintained that his layoff was a subterfuge for his discharge from employment. He sought review of the decision of the Civil Service Commission not to offer him a voluntary reduction in employment status and place him in a currently vacant position. The trial court reversed the decision of the Commission and ordered the Department of Corrections to offer the plaintiff the next available trainer position, but the court denied an award of back pay, and the plaintiff appealed. As we explained in Stykel, the Domer court held that the power of the trial court was limited under the Review Law to either affirm or reverse the decision of the administrative agency or to remand the cause for additional evidence. Dorner, 85 Ill. App. 3d at 963. The Horner court noted in passing that there was “no provision.in the [Review Law] for the joinder of a mandamus action for reinstatement to the former position or an action for back wages.” Dorner, 85 Ill. App. 3d at 963. The Horner court concluded that the trial court lacked jurisdiction to order the Department of Corrections either to offer the plaintiff the next available position, to compel reinstatement, or to order back pay; the reviewing court remanded the matter to the Commission for further proceedings consistent with the court’s finding that the plaintiff was entitled to a lower classified position that had become available following the plaintiffs layoff. Stykel, 318 Ill. App. 3d at 843, citing Dorner, 85 Ill. App. 3d at 963.

■ In Stykel, this court concluded that the question in Horner was the scope of the trial court’s power to award relief under the Review Law. Since the plaintiff in Homer had not filed additional causes of action invoking the trial court’s original jurisdiction, joinder was not at issue. In Stykel, this court further concluded that Horner did not prohibit the joinder of any and all causes of action with an administrative review action; rather, the plaintiffs should be permitted to join any additional counts that are “cognizable” when the Review Law applies to the actions of an administrative agency. Stykel, 318 Ill. App. 3d at 844. However, as in the present case, this court had to examine what additional causes of action were permissible, since the Review Law is ordinarily the exclusive remedy for the review of a decision by an administrative agency.

In Stykel, the plaintiffs were applicants for firefighter positions with the City of Freeport. They received a score of zero on the written examination and were effectively rendered ineligible for employment. The plaintiffs sought a hearing by the Board of Fire and Police Commissioners, which denied the request. The plaintiffs then filed in the trial court a complaint for administrative review, claiming they were wrongfully denied certification as eligible for employment and wrongfully denied a hearing.

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Bluebook (online)
746 N.E.2d 1220, 319 Ill. App. 3d 835, 254 Ill. Dec. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-city-of-freeport-illappct-2001.