Akemann v. Quinn
17 N.E.3d 223
Ill. App. Ct.2014Background
- Akemann served as a Workers’ Compensation Commission arbitrator; his term was to begin July 1, 2012.
- In May 2012 the Commission voted to reappoint Akemann for a three-year renewal under the then-current law.
- Public Act 97-719, effective June 29, 2012, required all arbitrator appointments to be made by the Governor with Senate consent.
- On June 12, 2012 the Commission rescinded its May 2012 reappointment vote in light of the new Act.
- The Governor did not appoint Akemann to a renewal term, and Akemann remained in holdover status for 60 days after July 1, 2012.
- The trial court dismissed, and the appellate court affirmed, holding Public Act 97-719 applies to the July 1, 2012 renewal term, terminating Akemann’s right to serve.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does PA 97-719 apply to the July 1, 2012 renewal term? | Akemann contends PA 97-719 does not retroactively affect his May 2012 appointment. | Quinn argues PA 97-719 applies to all terms after its effective date, including the July 1, 2012 renewal. | PA 97-719 applies to the July 1, 2012 renewal term. |
| Did PA 97-719 retroactively terminate Akemann’s right to serve as arbitrator? | The May 2012 vote created a valid renewal under prior law; retroactivity not intended. | The Act vests exclusive appointment power in the Governor for renewal terms, invalidating prior reappointment. | Act applies prospectively to terms expiring after its effective date; not retroactive. |
Key Cases Cited
- Higgins v. Sweitzer, 291 Ill. 551 (1920) (office creation and legislative power to change terms and appointments)
- Grobsmith v. Kempiners, 88 Ill.2d 399 (1981) (civil service status not vested, subject to legislative change)
- Reynolds v. Jimmy John’s Enterprises, LLC, 2013 IL App (4th) 120139 (2013) (standards for 2-615 dismissal; de novo review of legal sufficiency)
- Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27 (2001) (retrospective application of statutes; Landgraf principle)
- Landgraf v. USI Film Products, 511 U.S. 244 (1994) (test for retroactive application of statutes)
- Relf v. Shatayeva, 2013 IL 114925 (2013) (plain meaning governs statutory interpretation)
- Kanerva v. Weems, 2014 IL 115811 (2014) (courts avoid purely advisory comments; restraint)