Appeal from the Circuit Court of Du Page County; the Hon. John
Teschner, Judge, presiding.
JUSTICE VAN DEUSEN DELIVERED THE OPINION OF THE COURT:
Rehearing denied April 21, 1983.
On February 26, 1982, petitioner, William Phillips, filed his complaint for declaratory judgment and injunction against respondent, Chester A. Hall. The complaint sought to have a certain order of February 16, 1982, issued by defendant Hall as chief of police of Warrenville, Du Page County, Illinois, declared arbitrary, capricious and contrary to the law and an abuse of discretion which improperly infringed upon the liberty and property rights of plaintiff, a captain in the Warrenville police department. The order in question directed plaintiff to terminate his part-time employment with the village of Golf by March 1, 1982, and advised that failure to comply by March 1, 1982, would be a violation of the city personnel code, police department policy and a direct order. The complaint also sought a permanent injunction prohibiting defendant Hall from instituting or imposing disciplinary action against plaintiff for failure to terminate his employment with the village of Golf.
On the same day, Phillips filed a petition for a temporary restraining order without notice enjoining and restraining Hall from instituting or imposing disciplinary action against Phillips until a hearing on the matter, and it was issued that day. On March 4, 1982, Hall filed a document captioned "Memorandum of Law in Response to Complaint for Declaratory Judgment," which stated, in substance, that Phillips had no legal right to secondary employment, that he had an adequate remedy at law before the board of police and fire commissioners and that any adverse decision of that board was appealable under the Administrative Review Act so that there was no irreparable harm shown, that the order was within the police chief's authority and based on valid considerations, and concluded that the "Motion for Preliminary Injunction and Declaratory Relief be denied." The parties treated defendant's memorandum of law as an answer to plaintiff's complaint and proceeded to trial on that same date.
The evidence disclosed that petitioner, William Phillips, had been employed by the village of Golf in Cook County since 1965, and, at the time of his 1969 interview for the position of police chief with the city of Warrenville in Du Page County, he was police chief for the village of Golf. In 1978 Phillips stepped down from chief to captain in Golf, and he stepped down from chief to captain in Warrenville in July 1981. At the time the complaint was filed, Phillips was a captain in Warrenville, working approximately 40 hours per week, and he was a captain and chairman of the police safety board in Golf, working approximately 15 hours per week.
In November 1977, the city of Warrenville adopted a Manual of Rules and Regulations for the Police Department. These rules included the following provisions:
"380.24 Outside Employment: Prior to engaging in any outside business or employment, the member or employee shall submit a request for a permit to do so to the Chief of Police via channels in the approved form.
380.25 Issuance of a Permit: The decision of the Chief of Police to issue or deny a permit to work outside of the Department is final and appeal to higher or other levels will not be considered. Departmental General Orders will govern the issuance or denial of the permit and its use.
380.36 Membership in Organizations: Except for the Armed Forces Reserve components, members and employees shall not affiliate themselves with any organization or group, the constitution or by-laws of which in any way exacts prior consideration or which would prevent its members from rendering proper and efficient service to the Department."
Warrenville adopted these rules while Phillips was chief of police, and he enforced the provisions regarding secondary employment.
On December 15, 1981, respondent, Chester Hall, became Warrenville police chief. On January 14, 1982, he sent a letter to all police personnel setting forth the secondary employment policy; requiring all officers presently working or employed elsewhere to submit a request form, which would receive a reply by February 8; and requiring termination of any secondary employment by March 1, 1982, unless permission was obtained to continue. The letter concluded as follows:
"This policy is being enacted to comply with the existing personnel policies and to insure proper administrative control over employees. Public policy requires that police officers maintain undivided loyalty and engage only in employment designed to improve police image. No employment will be approved which disrupts departmental efficiency, morale, or ability to properly supervise employees."
Pursuant thereto, Phillips filed a request for secondary employment for his village of Golf position on January 30, 1982.
On February 1 Hall wrote a letter to Phillips requesting certain information about the village of Golf position. Village of Golf responded by letter on February 17, 1982. However, on February 16, 1982, Hall had written another letter to Phillips, which stated that the requested information had not been received but, based on Hall's understanding of Phillips' duties to both Warrenville and Golf, he was denying Phillips' request and ordered him to terminate his employment with Golf by March 1, 1982, or be in violation of the city personnel code, police department policy and a direct order.
At trial, both the village of Golf and Phillips agreed that his Warrenville job supersedes his job with Golf. Phillips' duties for Golf are primarily advisory, but he does do patrol work. He ...