FEHRENBACHER v. Mercer County
968 N.E.2d 737
Ill. App. Ct.2012Background
- Fehrenbacher was Mercer County engineer terminated by the county board after a predismissal hearing.
- Fehrenbacher was served with a Mercer County pre-Disciplinary Hearing Notice stating charges and possible consequences.
- The pre-disciplinary hearing occurred on June 25, 2010 before three county board members.
- Eleven days after the hearing, the county board terminated Fehrenbacher; a formal removal petition under 605 ILCS 5/5-203 was not filed.
- Fehrenbacher filed a complaint for administrative review; trial court upheld the termination and addressed the removal statute issue.
- The appellate court affirmed the circuit court; Justice Carter dissented, arguing the statute was not complied with.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service complying with 5-203 was substantially met. | Fehrenbacher argues removal petition not properly served. | Board argues substantial compliance suffices for due process. | Yes, substantial compliance satisfied the statute. |
Key Cases Cited
- Behl v. Gingerich, 396 Ill.App.3d 1078 (2009) (substantial compliance acceptable when purpose achieved and prejudice absent)
- Jakstas v. Koske, 352 Ill.App.3d 861 (2004) (substantial compliance analysis for mandatory provisions)
- Jones v. Industrial Comm'n, 188 Ill.2d 314 (1999) (prejudice and purpose considerations in substantial compliance)
- In re Estate of Abbott, 38 Ill. App. 3d 141 (1976) ( Probate Act substantial compliance acceptable when intent and purpose preserved and prejudice absent)
- Abbott, 38 Ill.App.3d 141 (1976) (substantial compliance analysis for removal-like proceedings)