Taylor v. Dart
2017 IL App (1st) 143684-B
| Ill. App. Ct. | 2017Background
- Percy Taylor, a Cook County sheriff’s police officer, was terminated by the Cook County Sheriff’s Merit Board on October 30, 2013; the Board’s decision was signed by John R. Rosales, who had been originally appointed June 1, 2011 to fill a vacancy expiring March 19, 2012.
- Rosales continued serving beyond March 19, 2012 without a new six-year appointment; he presided at Taylor’s February 27, 2013 hearing and signed the termination order.
- Taylor sought administrative review; the circuit court, on reconsideration, found Rosales’s appointment invalid because section 3-7002 requires six-year terms, vacated the Merit Board’s termination order, and remanded for a new hearing.
- The defendants (Sheriff Dart and the Merit Board) appealed; this court initially held the Merit Board’s October 30, 2013 decision void for being rendered by an illegally constituted Board.
- The Illinois Supreme Court denied leave to appeal but, in supervisory review, instructed this court to address whether the Cook County Board of Commissioners had home rule authority to approve interim appointments to cure Rosales’s defective appointment.
- This court concluded: (1) section 3-7002 does not authorize appointments for less than six years; (2) the Merit Board’s October 30, 2013 decision is void; and (3) the Cook County Board lacked home rule authority to validate Sheriff Dart’s interim appointment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Merit Board appointment for less than six years is valid | Rosales was invalidly appointed because statute mandates six-year terms | Sheriff may make interim/short appointments as implied authority to keep Board functional | No — statute requires six-year terms; no express or implied authority for shorter appointments |
| Whether the Board’s October 30, 2013 decision stands despite Rosales’s defective appointment | Board’s decision is void because the Board was not lawfully constituted | Decision should remain valid (voidable) or saved by de facto officer doctrine; quorum of lawful members acted | Void — action of an unlawfully constituted administrative body is void; de facto officer doctrine does not save it because issue was raised on direct review |
| Whether Cook County’s home rule power could validate interim appointment by approving it | County cannot override statutory appointment requirements for a state-created administrative board | County’s home rule authority permits local solutions and could validate interim appointments | No — home rule does not supply authority to cure lack of statutory appointment power when none exists constitutionally or statutorily |
| Whether any implied authority exists to appoint shorter-term members to prevent operational paralysis | Taylor: no implied power exists where quorum rules allow Board to act | Defendants: implied power necessary so Board can function (quorum may be four members) | No implied authority; quorum provision doesn’t require filling unexpired term and cannot be used to imply short-term appointment power |
Key Cases Cited
- Vuagniaux v. Department of Professional Regulation, 208 Ill. 2d 173 (2003) (statutory appointment requirements cannot be circumvented by ad hoc substitutions or implied interim appointments)
- Daniels v. Industrial Comm’n, 201 Ill. 2d 160 (2002) (vacatur required where agency decisions were made by unlawfully appointed members; statutory scheme intended to preserve balance)
- Stroger v. Regional Transportation Authority, 201 Ill. 2d 508 (2002) (discussion of limits on home rule and appointment powers vis-à-vis statutory scheme)
- Peabody Coal Co. v. Industrial Comm’n, 349 Ill. App. 3d 1023 (2004) (distinguishing void vs. voidable rulings and application of de facto officer doctrine)
- Phoenix Bond & Indemnity Co. v. Pappas, 309 Ill. App. 3d 779 (1999) (permitting implied rulemaking authority where necessary to effectuate a legislatively conferred power)
- Gilchrist v. Human Rights Comm’n, 312 Ill. App. 3d 597 (2000) (administrative agencies possess only the authority conferred by statute; acts beyond that authority are void)
- Max Shepard, Inc. v. Industrial Comm’n, 348 Ill. App. 3d 893 (2004) (addressing temporary appointments under Workers’ Compensation Act where statutory compliance was found)