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Shallow v. Police Bd. of City of Chicago

OPINION FILED APRIL 23, 1981.

GERALD T. SHALLOW, PLAINTIFF-APPELLANT,

v.

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



APPEAL from the Circuit Court of Cook County; the Hon. PHILIP A. FLEISCHMAN, Judge, presiding.

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.

On appeal, we reversed and remanded (Shallow v. Police Board (1978), 60 Ill. App.3d 113, 376 N.E.2d 1025). On remand, we directed that the record be supplemented to contain the Police Board's findings of fact and its decision and for further hearings determined to be necessary.

In subsequent proceedings before the trial court, the city of Chicago amended its answer to include the Police Board's findings of fact and decision. The trial court sustained the findings of fact and again affirmed the decision of the Board ordering plaintiff's dismissal. Plaintiff appeals contending, inter alia, that the Board's findings and decision are against the manifest weight of the evidence.

We reverse.

The document entitled, "FINDINGS AND DECISION," dated May 24, 1973, states in pertinent part:

"On October 6, 1971, the Superintendent of Police filed charges with the Police Board of the City of Chicago against SERGEANT GERALD SHALLOW, STAR NO. 1021, for violating the following rules:

Rule 2 — Any action or conduct which impedes the Department's efforts to achieve its goals, or brings discredit upon the Department.

Rule 13 — Making a false report, written or oral.

The Police Board of the City of Chicago, as a result of its investigation of the charges, finds and determines that:

3. The hearing on the charges was had before GARLAND W. WATT, Hearing Officer of the Police Board, on February 13, 1973, February 14, 1973, March 6, 1973 and April 6, 1973.

4. Throughout the hearing the Respondent did appear in person, and was represented by legal counsel of his own choosing.

5. The Respondent as charged herein, contrary to the Rules and Regulations of the Department of Police, is guilty of violating Rule 2, `Any action or conduct which impedes the Department's efforts to achieve its goals, or brings discredit upon the Department', as set forth in findings 6, 7 and 8 hereof, in that his conduct is not that which the Department expects from a reasonable, prudent, diligent and cautious officer.

6. The Respondent as charged herein, contrary to the Rules and Regulations of the Department of Police, is guilty of violating Rule 2, `Any action or conduct which impedes the Department's efforts to achieve its goals or brings discredit upon the Department', in that on January 11, 1971 and for some time prior thereto, he had unauthorized possession of a 1969 Toronado automobile, Illinois 1970 license plates, No. HP9214, which was the property of another, thus bringing discredit upon the Department.

7. The Respondent as charged herein, contrary to the Rules and Regulations of the Department of Police, is guilty of violating Rule 2, `Any action or conduct which impedes the Department's efforts to achieve its goals, or brings discredit upon the Department', in that for some time prior to January 11, 1971 he did exercise control over a 1969 Toronado automobile bearing Illinois 1970 license plates, No. HP9214, which he knew or should have known was stolen, thus bringing discredit upon the Department.

8. The Respondent as charged herein, contrary to the Rules and Regulations of the Department of Police, is guilty of violating Rule 13, `Making a false report, written or oral', in that on February 24, 1971 he did make an official report to the Internal Administrations Division of the Chicago Police Department regarding on-going investigations ...


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