(DOWNLOAD) "Fagiano v. Police Board" by Illinois Appellate Court — First District (5Th Division) Affirmed in Part and Reversed in Part ~ eBook PDF Kindle ePub Free

July 15, 2021

eBook details

Title: Fagiano v. Police Board
Author : Illinois Appellate Court — First District (5Th Division) Affirmed in Part and Reversed in Part
Release Date : January 27, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

Fagiano, Bastian, Byttow and Green (employees), career service employees of the city of Chicago (the city), were discharged from employment following separate hearings before either the city police board (Fagiano) or the city personnel board (Bastian, Byttow and Green) regarding alleged violations of certain departmental rules predicated upon the city's residency requirement (Chicago Municipal Code (1977), ch. 25, sec. 30), which requires that [a]ll officers and employees in the classified civil service of the City shall be actual residents of the City. The circuit court granted the employees' individual petitions for writ of certiorari requesting administrative review and, following arguments by each, entered orders sustaining Fagiano's dismissal and reversing the dismissals of Bastian, Byttow and Green. 1 On appeal, this court affirmed the circuit court's finding of unconstitutionality in the consolidated case of Bastian v. Personnel Board (1982), 108 Ill. App.3d 672, 439 N.E.2d 142, and, reversed the judgment of the circuit court as to Fagiano on the same ground of unconstitutionality. (Fagiano v. Police Board (1982), 108 Ill. App.3d 1205 (Rule 23 order.) 2 Pursuant to Supreme Court Rule 315 (87 Ill.2d R. 315), the Illinois Supreme Court granted the boards' petitions for leave to appeal and the motion to consolidate both decisions. Confronted solely with the constitutionality issue, the supreme court held that the residency requirement was not unconstitutionally vague, and, accordingly, vacated the judgments of the appellate court and remanded the cause to the appellate court for consideration of those issues not reached on the original appeals. Fagiano v. Police Board (1983), 98 Ill.2d 277, 456 N.E.2d 27. On remand, the following issues are before this court: (1) each employee contends that the decisions of the boards were contrary to the manifest weight of the evidence; (2) Fagiano further claims that: (a) he was found guilty of the wrong charge by the police board; (b) the circuit court's findings were prejudicially inconsistent; and (c) the hearing officer erred in granting improper continuances which prejudiced his procedural due process rights; (3) Bastian further claims that: (a) he was denied his right to procedural due process during the hearing; and (b) a domicile requires more than the observance of an individual in a suburban community; and (4) Byttow further claims that the personnel board's order of discharge is invalid on the ground that it is void of findings of fact and articulated standards of proof. For the reasons that follow, we affirm the decisions of the police board and personnel board, affirm the judgment of the circuit court as to Fagiano, and reverse the judgment of the circuit court as to Bastian, Byttow and Green.