Lopez v. Board of Fire & Police Commissioners
2016 IL App (3d) 150520
Ill. App. Ct.2016Background
- On August 18, 2014 the Bartonville police chief filed written charges seeking Lopez’s termination. The Act requires hearings to commence within 30 days of filing.
- Board counsel proposed hearing dates between Sept 2–5 (within 30 days); Lopez’s counsel said those dates did not allow sufficient preparation.
- Board offered Sept 25; Lopez’s counsel rejected that and suggested Oct 3 or Oct 10. The Board scheduled the hearing for October 3, 2014.
- Lopez filed suit on September 29, 2014 arguing the Board lost jurisdiction because the hearing commenced after the 30-day period.
- The trial court granted summary judgment for the Board, finding the delay was attributable to Lopez; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board lost jurisdiction for failing to commence the termination hearing within 30 days after charges were filed | Lopez: The hearing did not commence within 30 days, so the Board lost jurisdiction under 65 ILCS 5/10-2.1-17 | Board: The delay was attributable to Lopez because his counsel requested more time and proposed dates outside the 30-day period | Court held the delay was attributable to Lopez; the Board retained jurisdiction |
| Whether scheduling the first hearing date outside 30 days (by agreement of counsel via phone/email) violates Board rules requiring the Board to set and notify parties of hearing within 30 days | Lopez: Board should have set a date within 30 days and then continued by Board order; informal counsel agreements do not satisfy the rule | Board: Its rules require notice but do not prohibit counsel agreements to continue hearings; plaintiff waived the 30-day mandate by requesting delay | Court held counsel’s request for more time waived the 30-day rule; Board’s scheduling and notice were sufficient |
Key Cases Cited
- Carrigan v. Board of Fire & Police Commissioners, 121 Ill. App. 3d 303 (1984) (failure to commence within 30 days divests board of jurisdiction unless delay is attributable to plaintiff)
- Riggins v. Board of Fire & Police Commissioners, 107 Ill. App. 3d 126 (1982) (delay attributable to plaintiff where plaintiff’s actions caused postponement)
- Bridges v. Board of Fire & Police Commissioners, 83 Ill. App. 3d 190 (1980) (rescheduling caused by city attorney—not plaintiff—meant board lost jurisdiction)