(DOWNLOAD) "Paglini v. Police Board" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Paglini v. Police Board
- Author : Supreme Court of Illinois
- Release Date : January 26, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Joseph A. Paglini, the plaintiff, is a lieutenant of the Chicago Police Department and the defendants are the Police Board of the City of Chicago, Marlin Johnson, Morgan F. Murphy, Sr., Reverend Wilbur N. Daniel, Paul W. Goodrich and Louis S. Peick, the members of the Police Board; and James B. Conlisk, Jr., the then superintendent of police. The plaintiff filed a complaint in the circuit court of Cook County under the Administrative Review Act (Ill. Rev. Stat. 1973, ch. 110, par. 264 et seq.; ch. 24, par. 10-1-45) seeking review and reversal of a decision of the Police Board (the Board) which discharged him for violations of rules of the Department, and in particular for the improper solicitation and acceptance of $50 from a tavern owner. He argued before the circuit court that the proceeding against him was invalid because it was conducted by a hearing officer who was not a member of the Board, and because at no time during the hearing was a member of the Board present. This was contrary, he said, to the provisions of the Illinois Municipal Code (Ill. Rev. Stat. 1971, ch. 24, par. 10-1-18.1). The plaintiff argued in the alternative that the decision of the Board was contrary to the manifest weight of the evidence. The circuit court held that the City of Chicago could authorize the Board to appoint hearing officers under the home rule powers granted the city by section 6(a) of article VII of the Constitution of Illinois. The court, however, reversed the decision discharging the plaintiff on the ground that it was against the manifest weight of the evidence. The defendants appealed to the appellate court from the reversal of the Board's decision, and the plaintiff cross-appealed from the court's holding that the proceeding before the hearing officer was legal. We have taken the appeals under our Rule 302(b). 58 Ill.2d R. 302(b). The Illinois Municipal Code provides for hearings before the Police Board or any member thereof (Ill. Rev. Stat. 1973, ch. 24, par. 10-1-18.1). However, the City of Chicago by action of the city council amended the section of its code, section 11-3, pertaining to the Police Board. The amendment, which became effective in June 1972, provided inter alia for the appointment of hearing officers by the Board and authorized them to conduct hearings, make findings and present recommendations to the Board.
 "Paglini v. Police Board" by Supreme Court of Illinois # eBook PDF Kindle ePub Free){kind=link}