Gregg v. Rauner
2017 IL App (5th) 160474
| Ill. App. Ct. | 2017Background
- Eric Gregg was appointed to the Illinois Prisoner Review Board (IPRB) in April 2013 for a six-year term; complaints later alleged he filed an inaccurate Statement of Economic Interests and misstated income in bankruptcy filings.
- The Governor’s Office investigated; Gregg explained a clerical error on the bankruptcy form and that the economic-interest form was completed before receipt of a medical lift chair gift.
- In October 2015 Governor Rauner removed Gregg from the IPRB for "malfeasance or complete incompetence and neglect of duty."
- Gregg filed suit seeking a declaration that his removal was not for cause and an injunction reinstating him; the trial court held the Governor’s removal was judicially reviewable under Lunding and found the removal unlawful.
- On appeal the Fifth District reversed, holding the IPRB does not fall within the narrow Lunding exception and that the Governor’s removal authority over IPRB members is not subject to judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Governor’s removal of an IPRB member is judicially reviewable | Gregg: IPRB is a quasi‑judicial, independent, bipartisan board (like Board of Elections/Industrial Commission), so Lunding allows judicial review of removal-for-cause | Rauner: IPRB is part of the executive branch; Wilcox bar on judicial review applies and Governor’s removal is not reviewable | Court: Not reviewable — IPRB falls outside the narrow Lunding exception; Wilcox nonreviewability controls |
| Whether removal was for cause (incompetence, neglect, malfeasance) | Gregg: factual allegations did not amount to cause; his explanations and corrected filings rebut the charges | Rauner: Gregg admitted filing a false bankruptcy statement and an inaccurate economic-interest form, supporting cause | Court: Did not reach merits because it held the Governor’s removal decision is not judicially reviewable |
Key Cases Cited
- Lunding v. Walker, 65 Ill. 2d 516 (Illinois Supreme Court) (narrowly permits judicial review of gubernatorial removal where board must be politically independent to perform quasi‑judicial duties)
- Wilcox v. People ex rel. Lipe, 90 Ill. 186 (Illinois Supreme Court) (courts generally cannot review Governor’s judgment to remove appointed officers)
- Humphrey’s Executor v. United States, 295 U.S. 602 (U.S. Supreme Court) (independent administrative agencies may be protected from removal except for cause)
- Myers v. United States, 272 U.S. 52 (U.S. Supreme Court) (broader executive removal authority principle)
- Wiener v. United States, 357 U.S. 349 (U.S. Supreme Court) (limits on executive removal power in certain independent-agency contexts)
- Ford v. Blagojevich, 282 F. Supp. 2d 898 (C.D. Ill. 2003) (held Industrial Commission members entitled to Lunding‑style protection)