Walsh v. Board of Fire & Police Commissioners

449 N.E.2d 115, 96 Ill. 2d 101, 70 Ill. Dec. 241, 1983 Ill. LEXIS 359
CourtIllinois Supreme Court
DecidedApril 22, 1983
Docket56217
StatusPublished
Cited by111 cases

This text of 449 N.E.2d 115 (Walsh v. Board of Fire & Police Commissioners) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walsh v. Board of Fire & Police Commissioners, 449 N.E.2d 115, 96 Ill. 2d 101, 70 Ill. Dec. 241, 1983 Ill. LEXIS 359 (Ill. 1983).

Opinions

JUSTICE SIMON

delivered the opinion of the court:

The chief of the police department of the village of Orland Park charged Raymond Walsh, a sergeant in the department, with violating several departmental regulations in connection with a shooting incident which occurred in his home. In an administrative proceeding the board of fire and police commissioners of the village (board) found him guilty of the charges and ordered that he be discharged from the department. The only issue on this appeal is whether a sanction less than discharge is appropriate in this case because at the time of the incident Sergeant Walsh was on medical suspension for treatment of a psychiatric problem.

The specific charges were:

(1) excessive use of intoxicants;
(2) reckless conduct and aggravated assault;
(3) conduct unbecoming a police officer;
(4) unlawful use of a weapon;
(5) conduct tending to cast disrepute on the department;
(6) conduct contrary to the public peace or welfare; and
(7) drawing a firearm needlessly.

The board found Walsh guilty of all the charges except excessive use of intoxicants and ordered that he be discharged from the police force.

Sergeant Walsh filed an action in the circuit court of Cook County for review of the board’s administrative decision. He alleged that the board had no jurisdiction over his case because he had tendered his resignation from the force. He also claimed that the board’s finding of guilt was against the manifest weight of the evidence. The circuit court found that his attempt to resign was ineffective because he had not tendered his letter of resignation to the chief of police as required by departmental regulations. The circuit court also found that the board’s decision was supported by the manifest weight of the evidence.

Sergeant Walsh appealed, and the appellate court agreed with the department’s decision on both the issues of jurisdiction and guilt. (103 Ill. App. 3d 635.) Nevertheless, the appellate court reversed the department’s decision to discharge Sergeant Walsh and remanded the cause to the board for the consideration of an alternative sanction. The court held that the sanction of discharge was too severe in view of the fact that at the time of the incident Sergeant Walsh was on medical suspension for treatment of a psychiatric problem. (103 Ill. App. 3d 635, 639-40.) We granted the board leave to appeal from the appellate court decision.

The evidence showed that Sergeant Walsh was appointed to the Orland Park police department in 1971. Robert Olson, the police chief of Orland Park, characterized Sergeant Walsh as a “very competent” policeman, but noted that he had suffered from recurring medical problems since the fall of 1975. On April 22, 1977, Chief Olson placed Walsh on medical-disability suspension. This status removed him from the obligations of active duty but allowed him to retain his rank, his uniform, his badge and his service revolver. This status also left Sergeant Walsh eligible for a disability pension at 50% of his salary at the date of suspension (Ill. Rev. Stat. 1977, ch. 108½, par. 3—114.2), a pension that he was granted by the board of trustees of the police pension fund of Orland Park (pension board).

Around midnight on September 17, 1977, Walsh telephoned Sergeant Don Smith, a friend of his on the police force, and told him that “it was his time” and that he was “going to do himself in.” After Walsh hung up, Smith called him back and had a similar conversation. Smith immediately went to Walsh’s home, where Walsh met him at the door with a gun in his hand.

For the next 20 to 30 minutes, Smith, Walsh, and Walsh’s wife sat and talked in the living room of the Walsh home. Walsh again told Smith that it was “his time” and that “he didn’t want to live any more.” On numerous occasions Walsh pulled the hammer of the gun back into a cocked position and pointed it at Smith, at Mrs. Walsh, or at himself. Smith told Walsh several times not to point the gun at him and to put the gun down, but Walsh refused each of these requests.

Walsh got up and poured himself a drink at the bar. After a few minutes, he spilled the drink and dropped the glass onto the floor. With Smith and Mrs. Walsh in close proximity he shot at the glass on the floor. The shot missed, but Walsh then kicked the glass and broke it. Walsh then bent down to pick up some cigarettes with the gun pointed at Smith, who was less than three feet away. The gun discharged and Smith was hit in the face. Smith recovered from this wound.

Four Orland Park police officers arrived at the Walsh home after hearing a radio transmission dispatching an ambulance to the residence. They noted that Walsh had alcohol on his breath and was “distraught and upset” over the shooting. “Oh my God, I’ve just shot my best friend,” he was reported as saying.

In Department of Mental Health & Developmental Disabilities v. Civil Service Com. (1981), 85 Ill. 2d 547, 550, we recognized that “[a] court’s scope of review of an administrative agency’s decision regarding discharge is a two-step process.” First, the court must determine whether the agency’s finding of guilt is contrary to the manifest weight of the evidence. In this case, both the circuit court and the appellate court concluded that the board’s findings were not contrary to the manifest weight of the evidence, and Walsh has not appealed from that decision.

“The second step in the court’s analysis is to determine if the findings of fact provide a sufficient basis for the agency’s conclusion that cause for discharge does or does not exist.” (85 Ill. 2d 547, 551.) This court has defined “cause” as “some substantial shortcoming which renders [the employee’s] continuance in his office or employment in some way detrimental to the discipline and efficiency of the service and something which the law and a sound public opinion recognize as a good cause for his not longer occupying the place.” Fantozzi v. Board of Fire & Police Commissioners (1963), 27 Ill. 2d 357, 360; see also Kreiser v. Police Board (1977), 69 Ill. 2d 27, 30.

An administrative tribunal’s finding of “cause” for discharge commands our respect, and it is to be overturned only if it is arbitrary and unreasonable or unrelated to the requirements of the service. (DeGrazio v. Civil Service Com. (1964), 31 Ill. 2d 482, 489.) In Sutton v. Civil Service Com. (1982), 91 Ill. 2d 404, we reemphasized the considerable deference that must be afforded to an administrative finding of “cause” for discharge:

“Sutton asks this court to consider his years of exemplary service in the Department, the extenuating circumstances of his frustration after being reprimanded, which caused him to make the statements attributed to him, and the fact that these statements were made thoughtlessly. The question, though, is not whether this court would decide upon a more lenient sanction than discharge were it to determine initially what discipline would be appropriate.

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Bluebook (online)
449 N.E.2d 115, 96 Ill. 2d 101, 70 Ill. Dec. 241, 1983 Ill. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-board-of-fire-police-commissioners-ill-1983.