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Manion v. Kreml

OCTOBER 27, 1970.

EUGENE MANION ET AL., PLAINTIFFS-APPELLANTS,

v.

FRANKLIN M. KREML ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN J. LUPE, Judge, presiding.

MR. PRESIDING JUSTICE MCCORMICK DELIVERED THE OPINION OF THE COURT:

Eugene Manion, a Chicago police officer, brought this action for declaratory judgment and injunctive relief, seeking a decree declaring void an ordinance of the City of Chicago and a rule of its Police Board, requiring Chicago patrolmen to be residents of Chicago, and an injunction restraining defendants from enforcing such ordinance and rule. Judgment was entered for defendants on the pleadings. This appeal is from that judgment.

Essentially, plaintiff's argument is that the Civil Service Commission alone is entitled to enact a residence requirement for Chicago patrolmen, and that it has not done so. It is plaintiffs' view that the Chicago ordinance and Police Board rule requiring Chicago police officers to reside in Chicago are void because those agencies are not authorized to promulgate such rules. The City's response is that regardless of the rule of the Civil Service commission, the Chicago ordinance and Police Board rule are valid and binding.

The City of Chicago has enacted an ordinance which requires residence in Chicago of all its police officers, and the Police Board has adopted a rule having the same requirement. We find the Police Board rule to be valid, and there is no point in considering whether the Civil Service Commission is authorized to enact, or has enacted such a requirement.

We note, however, that the Civil Service Commission has the power to require that those seeking to take the examination must be residents of the City. Ill. Rev. Stat. 1967, ch. 24, § 10-1-7 provides in part:

"All applicants for offices or places in the classified service, * * * shall be subject to examination, * * * with specified limitations as to residence, * * *"

Pursuant to this authority, Commission Rule II, § 3 provides:

"No person shall be admitted to examination for any position in the classified service who has not been an actual resident of the City of Chicago for at least 1 year preceding date of examination; * * *"

The Rule further provides that the Commission can waive such requirement by entering an order to that effect.

The plaintiffs attempt to persuade this court that the authority of the Commission to create a residence requirement is an exclusive power. This conclusion is based on the notion that the residency requirement is an employment qualification and that the Commission has exclusive authority over such qualifications and grounds for removal of police officers. The enabling statute [Ill. Rev. Stat. 1967, ch. 24, § 10-1-3] which empowers the Civil Service Commission to classify positions, provides in pertinent part:

"The commissioners shall classify all the offices and places of employment in such municipality with reference to the examinations hereinafter provided for, * * * The offices and places so classified by the commission shall constitute the classified civil service of such municipality. No appointments to any of such offices or places shall be made except under and according to the rules hereinafter mentioned."

Section 10-1-5 authorizes the Commission to promulgate rules to carry out its duties by providing:

"The commission shall make rules to carry out the purposes of this Division 1, and for examinations, appointments and removals in accordance with its provisions, and the commission may, from time to time, make changes in the original rules."

The statute which empowers the Police Board to make its rules is found in Ill. Rev. Stat. 1967, ch. 24, ...


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