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Shallow v. Police Bd. of City of Chicago

OPINION FILED APRIL 20, 1978.

GERALD T. SHALLOW, PLAINTIFF-APPELLANT,

v.

THE POLICE BOARD OF THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM V. DALY, Judge, presiding.

MR. JUSTICE LINN DELIVERED THE OPINION OF THE COURT:

Mr. JUSTICE LINN delivered the opinion of the court:

Plaintiff, Gerald T. Shallow, filed a complaint for administrative review in the circuit court of Cook County seeking to set aside the decision of the Police Board of the City of Chicago which had ordered that he be discharged from the police department. The circuit court affirmed the decision of the Board and plaintiff appeals contending, inter alia, that the Board's decision is against the manifest weight of the evidence.

We reverse and remand for further hearing.

Plaintiff's complaint for administrative review, filed on July 2, 1973, states in part:

"2. That on February 13, 1973 and February 14, 1973 and March 6, 1973 and April 6, 1973 a hearing was had on charges held before Attorney Garland W. Watt, a hearing officer of the Police Board of the City of Chicago.

3. That on or about May 24, 1973, the members of the said Police Board did allegedly sign a finding and decision whereby they separated the Plaintiff, GERALD SHALLOW from his position as a Sergeant in the Department of Police, City of Chicago.

4. That said findings and decisions were delivered to plaintiff, GERALD SHALLOW, and to his attorney, LAWRENCE W. KRUPA, on May 29, 1973.

5. That the findings and decisions above referred to concerning SGT. GERALD SHALLOW were against the manifest weight of the evidence."

The complaint also requested that a complete transcript of the administrative proceedings be provided by the Board as its answer to the complaint. In answering the complaint, the Board filed a two-page document indicating that the entire record of the administrative proceedings was simultaneously filed with the clerk of the court as the Board's answer. This transcript of proceedings, now a part of the record on appeal, contains neither the recommendation of the hearing officer, the findings of the Board, nor its final decision.

The circuit court sustained the Board's decision in an order entered July 18, 1974; however, no transcript of the proceedings leading to that order of the circuit court is provided in the record on appeal. Plaintiff's motion for a new trial was denied and he appealed.

I

This action is governed by the terms of the Administrative Review Act. (Ill. Rev. Stat. 1973, ch. 110, pars. 264 through 279.) We are particularly concerned here with the requirements relating to pleadings and the record on review, and the scope of the review.

Section 9 of the Administrative Review Act (Ill. Rev. Stat. 1973, ch. 110, par. 272), makes the following provisions with regard to ...


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