Ross v. CIVIL SERVICE COM'N OF COOK COUNTY

621 N.E.2d 159, 250 Ill. App. 3d 597, 190 Ill. Dec. 290, 1993 Ill. App. LEXIS 1165
CourtAppellate Court of Illinois
DecidedAugust 3, 1993
Docket1-91-3816
StatusPublished
Cited by8 cases

This text of 621 N.E.2d 159 (Ross v. CIVIL SERVICE COM'N OF COOK COUNTY) 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. CIVIL SERVICE COM'N OF COOK COUNTY, 621 N.E.2d 159, 250 Ill. App. 3d 597, 190 Ill. Dec. 290, 1993 Ill. App. LEXIS 1165 (Ill. Ct. App. 1993).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

On October 26, 1989, petitioner Michael Ross was suspended from his job as an emergency room technician (EMT) at Cermak Health Services (Cermak) for using profane language while examining newly arrived detainees on September 8, 1989. As of the latter date, petitioner had been employed for eight years and three months in the intake area at Cermak, which was located at 2800 South California Avenue on the grounds of the Cook County Department of Corrections. His duties consisted primarily of performing medical examinations of inmates who are initially brought to the correctional facility, including drawing blood samples, administering TB tests, and conducting urethral swab examinations.

On October 27, 1989, Cermak filed written charges with respondent Civil Service Commission (commission) seeking petitioner’s discharge on the grounds that on September 8, 1989, he mistreated patients by using abusive language, failed to follow instructions as per county procedures, violated security rules and regulations, and failed to perform his job duties at a satisfactory level in violation of sections 1, 9, 22 and 24 of the Cook County Rules and Regulations Governing Employee Conduct (Rules and Regulations).

On January 9, 1990, a hearing was held on Cermak’s complaint before the commission seeking petitioner’s discharge. Leonard R. Bersky, the director of Cermak, testified that on August 3, 1987, petitioner was advised in a written memorandum that as an EMT, he was required to treat detainees courteously at all times, and that he should disengage himself from any situation where the inmate becomes abusive. Bersky also identified a memorandum in petitioner’s personnel file from his supervisor, John M. Raba, M.D., which counselled him for telling an inmate on September 18, 1988, to “[g]et your ass up against the wall” while petitioner was performing a urethral swab examination. He further testified that petitioner was given a 29-day suspension for slapping and verbally abusing an inmate on July 22, 1989, although he admitted on cross-examination that the entire grievance procedure for that violation had not been completely exhausted as of the date of the hearing.

Avery Johnson, Jr., the supervisor of all EMTs at Cermak, testified that he circulated several memoranda to all EMTs warning them not to use profanity while treating the inmates. He also stated that he received a report from petitioner’s immediate supervisor, Howard Hradek, wherein Hradek stated that while he was not present on the evening of September 8, 1989, he was aware that petitioner sometimes exhibited “aggressive behavior” toward inmates and often used his size and strong voice to intimidate them.

Lucille Gauger testified that on September 8, 1989, her first day on the job as an EMT at Cermak, she was working alongside petitioner, who was drawing blood from and performing urethral swab examinations on inmates. She testified that she observed petitioner throughout the night using “very hostile” language, including racial slurs and profanity, toward the inmates while he was treating them. Gauger felt that such behavior was particularly inappropriate due to the extreme volatility present in the intake room where many of the inmates were taken immediately following their arrest. Because she thought that petitioner’s behavior was outrageous, Gauger wrote a memorandum, which was admitted into evidence, to Dr. Raba the following Monday (September 8 was a Friday) detailing her observations of plaintiff, including that he used language, such as “sit your skinny ass down in that chair,” “get your black ass over here,” and “shut the fuck up.” She further testified that the inmates appeared to be frightened by petitioner’s behavior.

Callie Wallace, an EMT at Cermak and a friend of petitioner, testified that she did not hear petitioner use any profanity toward the inmates while she was working on September 8, 1989. Wallace further stated that she sometimes worked as a supervisor, and in that capacity, she never received any complaints regarding his conduct.

Finally, petitioner testified on his own behalf that the intake area was in fact an extremely volatile place, in part because the inmates were subjected to intrusive medical examinations almost immediately after detention; therefore, he was aware of Cermak’s policy against using profanity with the inmates. He also stated that he received a grade of “excellent performance — beyond satisfactory fulfillment of job requirements” on his last two progress evaluations for the time period of September 1, 1988, to September 1, 1989. With respect to the allegations levelled against him in Cermak’s complaint, he testified that he did not think that the memorandum regarding the prohibition against verbal abuse of inmates dated August 3, 1987, was in response to any particular incident in which he was involved. Although he admitted that he occasionally used profanity at work, he vehemently denied that he ever used such language while addressing an inmate, and he specifically denied verbally abusing anyone on September 8, 1989. However, he stated that he typically instructs patients to “grab their butt and back up against, the wall” when preparing an inmate who is resisting a urethral swab examination; and when asked by one of the commissioners if he might have used the word “ass” instead of “butt,” he responded “[pjossible, yes *** [ljikely, no.”

On March 13, 1990, the commission found petitioner had committed the actions charged in the complaint, and that the record was replete with instances up to and including September 8, 1989, where he was rude, belligerent, and used profanity when addressing the inmates who were under his direction and control. The commission also found petitioner’s testimony regarding his conduct on the date in question to be unbelievable. After finding that his conduct warranted disciplinary action, the commission determined the proper sanction to be discharge.

Petitioner thereafter filed a petition for writ of certiorari in the circuit court on April 17, 1990, praying that the decision of the commission be reversed. After hearing oral argument, Circuit Court Judge Sophia Hall entered an order on October 31, 1991, affirming the decision of the commission. Petitioner filed a timely notice of appeal from that order.

A reviewing court’s scope of review of an agency’s decision to discharge a public employee is a two-step process. First, the court must determine if the agency’s findings of fact are contrary to the manifest weight of the evidence. (Walsh v. Board of Fire & Police Commissioners (1983), 96 Ill. 2d 101, 105, 449 N.E.2d 115, 117; Department of Mental Health & Developmental Disabilities v. Civil Service Comm’n (1981), 85 Ill. 2d 547, 550, 426 N.E.2d 885, 887.) Second, it must determine if the findings of fact provide a sufficient basis for the agency’s conclusion that cause for discharge exists. (Walsh, 96 Ill. 2d at 105, 449 N.E.2d at 117; Department of Mental Health & Developmental Disabilities, 85 Ill. 2d at 551, 426 N.E.2d at 887.) An administrative tribunal’s finding of “cause” for discharge commands the reviewing court’s deference and should not be overturned unless it is arbitrary, unreasonable, or unrelated to the requirements of the service. (Walsh, 96 Ill. 2d at 105-06, 449 N.E.2d at 117; accord Launius v.

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Bluebook (online)
621 N.E.2d 159, 250 Ill. App. 3d 597, 190 Ill. Dec. 290, 1993 Ill. App. LEXIS 1165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-civil-service-comn-of-cook-county-illappct-1993.