Taylor v. Dart
2017 IL App (1st) 143684-B
| Ill. App. Ct. | 2017Background
- Sheriff Dart appointed John R. Rosales to the Cook County Sheriff’s Merit Board in June 2011 to fill a vacancy whose term expired March 19, 2012; Rosales continued serving after that date without reappointment.
- Sheriff Dart filed misconduct charges against Percy Taylor; Rosales presided over Taylor’s Merit Board hearing (Feb 27, 2013) and signed the Board’s termination order (Oct 30, 2013).
- Taylor sought administrative review; the circuit court initially affirmed but on reconsideration held Rosales’s appointment invalid because it was for less than the six-year term required by 55 ILCS 5/3-7002 and vacated the Board’s termination order, remanding for a new hearing.
- The defendants appealed under Illinois Supreme Court Rule 308; this court initially held the Board’s decision void but declined to decide whether the Cook County Board of Commissioners could cure the defect by approving an interim appointment.
- The Illinois Supreme Court denied leave to appeal but, exercising supervisory authority, instructed this court to address whether Cook County’s home rule power allowed approval of interim Merit Board appointments.
- This court answered: (1) statute does not permit appointments for less than six-year terms; (2) the Oct. 30, 2013 decision is void because the Board was not lawfully constituted; (3) Cook County lacked home rule authority to approve the interim appointment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 3-7002 permits appointment to less than a six-year term | Rosales’s appointment was invalid because statute mandates six-year terms; shorter terms undermine statutory goals of experience and political balance | Sheriff may make interim/short-term appointments by implication so the Board can function (quorum exists) | No. Section 3-7002 requires six-year terms; no implied authority for shorter appointments |
| Whether the Board's Oct. 30, 2013 decision remains valid if a member was unlawfully appointed | An unlawfully constituted Board voids its decision; relief available on direct review | Decisions are at most voidable; doctrines like de facto officer or waiver could validate the decision | Void. The Board acted without jurisdiction; decision vacated and remanded for hearing before a lawful Board |
| Whether the de facto officer doctrine preserves the Board's decision | Plaintiff: doctrine does not apply where appointment validity is raised on direct review | Defendants: de facto officer doctrine or waiver (failure to timely challenge) can validate acts | De facto officer doctrine does not save the decision here because Taylor raised the appointment defect on direct review |
| Whether Cook County’s home rule power authorized the County Board to approve Sheriff’s interim appointment | Plaintiff: county has no authority to override statutory appointment requirements for Merit Board members | Defendants: as a home rule unit, Cook County can exercise powers to address local affairs, including approving interim appointments | County lacked home rule authority to approve interim appointment; home rule does not authorize bypassing statutory appointment scheme |
Key Cases Cited
- Vuagniaux v. Department of Professional Regulation, 208 Ill. 2d 173 (supreme court) (invalid board appointments require vacatur; statutory nomination/confirmation process cannot be sidestepped)
- Daniels v. Industrial Comm’n, 201 Ill. 2d 160 (supreme court) (appointments not made per statute render agency decisions void; preserves statutory balance objectives)
- Peabody Coal Co. v. Industrial Comm’n, 349 Ill. App. 3d 1023 (App. Ct.) (distinguishes void vs. voidable; applies de facto officer doctrine where challenge waived)
- Gilchrist v. Human Rights Comm’n, 312 Ill. App. 3d 597 (App. Ct.) (administrative bodies have only statutory authority; acts beyond that are void)