Village of Montgomery v. Illinois Commerce Commission

618 N.E.2d 1295, 249 Ill. App. 3d 484, 188 Ill. Dec. 725, 1993 Ill. App. LEXIS 1251
CourtAppellate Court of Illinois
DecidedAugust 16, 1993
DocketNo. 2—92—1186
StatusPublished
Cited by10 cases

This text of 618 N.E.2d 1295 (Village of Montgomery v. Illinois Commerce Commission) 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
Village of Montgomery v. Illinois Commerce Commission, 618 N.E.2d 1295, 249 Ill. App. 3d 484, 188 Ill. Dec. 725, 1993 Ill. App. LEXIS 1251 (Ill. Ct. App. 1993).

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Petitioner, the Village of Montgomery, appeals pursuant to section 10 — 201 of the Public Utilities Act (220 ILCS 5/10 — 201(a) (West 1992)) from an order of the Illinois Commerce Commission (Commission) denying Montgomery’s petition for rehearing of an order providing final approval for the implementation of an enhanced 911 emergency telephone system submitted by Kendall County. Petitioner raises the following issues: (1) whether the Commission’s approval of an enhanced 911 emergency telephone answering system for Kendall County was supported by substantial evidence in the record; and (2) whether section 15.3 of the Emergency Telephone System Act (Emergency Telephone Act) (Ill. Rev. Stat. 1989, ch. 134, par. 45.3 (now codified, as amended, at 50 ILCS 750/15.3 (West 1992))) should be applied retroactively so as to allow Montgomery to disconnect from the Kendall County system. Respondents, County of Kendall and the Commission, have filed a motion to dismiss for lack of jurisdiction, which was ordered taken with the case.

The Village of Montgomery is situated partly in Kane County and partly in Kendall County. The dispute in this case centers around the inclusion of the Kendall County portion of Montgomery in Kendall County’s enhanced 911 emergency telephone system.

Located within the Montgomery police department is a public safety answering point (PSAP) which directly dispatches the Montgomery police. A public safety answering point is the initial answering point for incoming 911 emergency calls (83 Ill. Adm. Code §725.103 (1991)), and direct dispatch is defined as a 911 service which provides for the direct dispatch by a PSAP telecommunicator of the appropriate unites) upon receipt of a telephone request for such services and the decision as to the proper action to be taken (83 Ill. Adm. Code §725.103 (1991)). Unlike its police services, Montgomery’s fire and emergency medical services (EMS) are dispatched from a PSAP located in Kendall County. Montgomery does not provide its own fire and EMS services; instead, those services are provided by the Oswego fire department, which is located in Kendall County.

In November 1988, the constituents of Kendall County, including those located in Montgomery, voted by referendum to impose a surcharge providing for the establishment of a countywide 911 system. As it existed then, section 15.3 of the Emergency Telephone Act, which governed the imposition of telecommunication surcharges for the purpose of installing or improving 911 emergency telephone services, made no special provision for municipalities that were located in more than one county. See Ill. Rev. Stat. 1987, ch. 134, par. 45.3 (now codified, as amended, at 50 ILCS 750/15.3 (West 1992)).

Following passage of the referendum, Kendall County, on April 6, 1989, published notices stating that it was filing an application with the Commission for the approval of an enhanced 911 emergency telephone system. The filing would indicate that the system would operate on a countywide basis and be available to all residents of Kendall County.

On April 27, 1989, the Kendall County emergency telephone systems board filed its original petition for approval of its final plan with the Commission. The final plan provided that incoming 911 calls would be answered at the PSAP located at the Kendall County public safety building in Yorkville, Illinois. The net effect of the proposed plan would result in Montgomery’s fire and EMS calls being dispatched directly by the Kendall PSAP, as before. Its police calls, however, to the extent that such calls emanated from the Kendall County portion of Montgomery, would be transferred from the Kendall PSAP to the Montgomery PSAP and then dispatched. In contrast, the Kane County portion of Montgomery would continue to have its police calls dispatched directly from the Montgomery PSAP. The thrust of Montgomery’s complaint before the Commission was that by having a portion of Montgomery under the Kendall County system, and the remaining portion under a different system, a disparity in police emergency response times would exist between residents located in the Kendall County portion and those in the Kane County portion.

On October 15, 1990, the Commission conducted the first in a series of hearings on Kendall County’s petition for approval. When asked why Kendall County was so determined about serving Montgomery, James Fatz, an employee of the Kendall County sheriff’s department, testified that Kendall County wanted the best for its residents. Fatz further stated that, historically, he was uncertain why law enforcement calls had been a determining factor as to which PSAP would provide coverage. According to Fatz, it was the board’s opinion that personal safety, ambulance calls, and fire safety were the most time critical caUs, and although the volume of law enforcement calls was greater, the “criticality” of those calls was not as significant.

Dennis Schmidt, police chief for the Village of Montgomery, stated for the record that the village’s position was summed up in the letters he and others sent to the Commission. Schmidt further stated that since the mid 1970’s, when Montgomery began dispatching, the village had been a part of the Aurora 911 center. All of the calls over the years, whether they originated in the Kane portion or the Kendall portion, had been routed to the Aurora center and then speed dialed or call transferred back to the Montgomery police department dispatching center. The record is not clear, although it appears that emergency police calls, at least as to the Kane portion of Montgomery, were, at the time of the hearings before the Commission, being directly dispatched from the Montgomery PSAP. According to every 911 center person spoken with, 8 out of 10 calls were police related. Speaking apparently on behalf of Montgomery, Schmidt further stated that the best and most efficient service, using the technology then available, was the one requiring the least number of transfer calls. Schmidt further expressed Montgomery’s concern about the possibility of service interruption.

At the close of the hearing, the examiner stated that he wanted to make known to the parties that he received three letters, one each from the president of Montgomery, the chairman of the Kane County emergency telephone systems board, and the police chief of Montgom-. ery, which he considered ex parte communications. The thrust of the three letters was to express objection to the implementation of Kendall County’s enhanced 911 system. The hearing examiner stated that he would make the letters part of the correspondence file, and, having brought them to the attention of the parties, they were no longer considered ex parte communications. The letters were not offered or admitted into evidence, and the hearing was continued.

On December 14, 1990, James Fatz testified that since the hearing on October 15, 1990, representatives of the Kendall County operations board met with representatives of Montgomery, and, after discussing several alternate phone answering options, Montgomery remained resolute in its insistence that the phone lines terminate at the Montgomery PSAP.

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

Related

City of Mascoutah v. Illinois Commerce Comm'n
2021 IL App (5th) 200386 (Appellate Court of Illinois, 2021)
The Citizens Utility Board v. Illinois Commerce Commission
2016 IL App (1st) 152936 (Appellate Court of Illinois, 2016)
Apple Canyon Lake Property Owners' Ass'n v. Illinois Commerce Comm'n
2013 IL App (3d) 100832 (Appellate Court of Illinois, 2013)
Kreutzer v. Illinois Commerce Commission
936 N.E.2d 147 (Appellate Court of Illinois, 2010)
Village of McCook v. Illinois Bell Telephone Co.
780 N.E.2d 335 (Appellate Court of Illinois, 2002)
Ress v. Office of the State Comptroller
768 N.E.2d 255 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 1295, 249 Ill. App. 3d 484, 188 Ill. Dec. 725, 1993 Ill. App. LEXIS 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-montgomery-v-illinois-commerce-commission-illappct-1993.