Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

SHAKMAN v. DEMOCRATIC ORGAN. OF COOK COUNTY

United States District Court, Northern District of Illinois, E.D


April 4, 1983

MICHAEL L. SHAKMAN AND PAUL M. LURIE, ET AL., PLAINTIFFS,
v.
THE DEMOCRATIC ORGANIZATION OF COOK COUNTY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Bua, District Judge.

JUDGMENT

The instant Judgment represents the implementation order with regard to the hiring aspect of the Shakman case. The case began in 1969 when the U.S. District Court for the Northern District of Illinois, Marovitz, J., dismissed the complaint of the plaintiffs. Shakman v. Democratic Organization of Cook County, 310 F. Supp. 1398 (N.D.Ill. 1969). On appeal from the dismissal, the Seventh Circuit reversed. Shakman v. Democratic Organization of Cook County, 435 F.2d 267 (7th Cir. 1970). After the Supreme Court denied certiorari, 402 U.S. 909, 91 S.Ct. 1383, 28 L.Ed.2d 650 (1971), settlement negotiations began. On May 5, 1972, the Court approved and entered a Consent Decree relating to those employees already hired as government employees. In essence, the Decree purported to free the government employees from all coercion and employment discrimination based on political considerations.*fn1 See, Shakman v. Democratic Organization of Cook County, 481 F. Supp. 1315, 1356 (N.D.Ill. 1979).*fn2

On September 24, 1979, this Court granted plaintiffs' Motion for Partial Summary Judgment. Shakman v. Democratic Organization of Cook County, 481 F. Supp. 1315 (N.D.Ill. 1979). The Court essentially found that in hiring persons for governmental employment, the defendants listed in Paragraph C below illegally conditioned, based, and affected the hiring of persons for government employment upon and because of their political sponsorship, affiliation and support. In so holding, the Court left the specific form of the remedy for another time. Numerous hearings have been held and voluminous memoranda have been considered concerning the form of relief as it is presented herein.

The Judgment is entered to provide relief for the violations of plaintiffs' rights as determined in the September 24, 1979 order and to prevent further such violations. The Court is authorized to enter such relief under its equity powers as recognized in Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083 (1955). See also, Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 91 S.Ct. 1267, 28 L.Ed.2d 554 (1971).

As required by Hills v. Gautreaux, 425 U.S. 284, 96 S.Ct. 1538, 47 L.Ed.2d 792 (1976), the nature of the relief contained herein has been tailored to fit the nature and extent of the violations which have been found. The Judgment goes no further than to attempt to eliminate political considerations in the hiring of government employees. It does not impose a civil service system nor does it necessitate that a merit system be utilized.

Therefore, it is hereby Ordered, Adjudged, and Decreed as follows:

A. Jurisdiction. This Court has jurisdiction of the parties to this Judgment and of the subject matter of this action under Sections 1331 and 1343(3) of Title 28 of the United States Code.

B. Definitions. As used in this Judgment (1) the term "Government Employment" means any employment (whether full-time or part-time, permanent or temporary, and regardless of whether the employment is paid for by Federal funds) by or for the City of Chicago or any employment within the Northern District of Illinois by or for the County of Cook or any other nonfederal governmental officer or entity; (2) the terms "Governmental Employee" and "Employee" mean a person employed in Governmental Employment; (3) the term "Exempt Position" means a Governmental Employment job, which is determined to be exempt from the provisions of Paragraphs D and E of the Consent Judgments and Paragraphs D through M, inclusive, of this Judgment, all as provided in Paragraph N below; (4) the term "Consent Judgments" means the Judgments previously entered in this case as to defendants listed in Paragraph C below upon the consent of plaintiffs and various defendants on May 5, 1972, April 3, 1978, and June 27, 1980; and (5) the term "Defendant Public Employer" means each defendant listed in Paragraph C which is a governmental unit or who is a governmental officeholder (and the successors in office to those persons).

C. Persons Bound. The provisions of this Judgment apply to the following: (1) Defendants: CITY OF CHICAGO; JANE M. BYRNE, individually and as Mayor of the City of Chicago; FOREST PRESERVE DISTRICT OF COOK COUNTY, Illinois; CHICAGO PARK DISTRICT; RICHARD J. ELROD, individually and as Sheriff of Cook County, Illinois; MORGAN M. FINLEY, individually and as Clerk of the Circuit Court of Cook County, Illinois; EDWARD J. ROSEWELL, individually and as Treasurer of Cook County, Illinois; STANLEY J. KUSPER, JR., individually and as Clerk of Cook County, Illinois; THOMAS C. HYNES, individually and as Assessor of Cook County, Illinois; GEORGE W. DUNNE, individually, as President of the Board of Commissioners of Cook County, Illinois and as President of the Board of Commissioners of the Forest Preserve District of Cook County, Illinois; DEMOCRATIC PARTY COUNTY CENTRAL COMMITTEE FOR COOK COUNTY and its members; EDWARD R. VRDOLYAK, individually and as Chairman of the Democratic Party County Central Committee for Cook County, Illinois; (2) their successors in each of those capacities; (3) the present and future officers, members, agents, servants, employees and attorneys of each of those Defendants and others named or referred to in this paragraph; and (4) all others in active concert or participation with Defendants or others named or referred to in this paragraph who receive actual notice of this Judgment, by personal service or otherwise.

D. Declaratory Relief. It is hereby declared that the conditioning, basing, or affecting of the hiring of Governmental Employees (other than for Exempt Positions) upon or because of any political reason or factor including, without limitation, any prospective employee's political affiliation, political support or activity, political financial contributions, promises of such political support, activity or financial contributions or such prospective employee's political sponsorship or recommendation is prohibited.

E. Injunction. Defendants and all others named or referred to in Paragraph C above are permanently enjoined from directly or indirectly, in whole or in part:

    (1) conditioning, basing or knowingly
  prejudicing or affecting the hiring of any person
  as a Governmental Employee (other than for Exempt
  Positions), upon or because of any political
  reason or factor including, without limitation,
  any prospective employee's political affiliation,
  political support or activity, political
  financial contributions, promises of such
  political support, activity or financial
  contributions, or such prospective employee's
  political sponsorship or recommendation; or

    (2) knowingly inducing, aiding, abetting,
  participating in, cooperating with

  the commission of any act which is proscribed by
  this Paragraph E, or threatening to commit any
  act proscribed by this Paragraph E.

F. Plan of Compliance. Each Defendant Public Employer shall, not later than 120 days from the date this Judgment becomes effective, file with the Court, with copies to all parties to this Judgment, a Plan of Compliance to implement this Judgment.

The Plan of Compliance shall set forth in detail a method or methods of hiring to be used for all Governmental Employment positions (other than Exempt Positions) with that employer. Each such method of hiring shall establish criteria for hiring which shall establish on an objective basis that the method complies with Paragraphs D and E above. The method or methods of hiring set forth in the Plan of Compliance shall be within the discretion of the Defendant Public Employer, as long as the method or methods comply with the requirements of this Judgment.

Each Plan of Compliance shall also provide for the instruction of persons having responsibility for hiring as to the requirements of this Judgment and the Plan of Compliance and shall provide for the monitoring of compliance with this Judgment and the Plan of Compliance.

Any party believing that the Plan of Compliance of any Defendant Public Employer is not in compliance with this Judgment, or is inadequate to ensure compliance with this Judgment may apply to the Court for further orders to enforce compliance, including directing changes in the Plan of Compliance. Within one year of the date this Judgment becomes effective, each Defendant Public Employer shall implement the Plan of Compliance as so filed and as it may be so changed.

A Plan of Compliance may contain provisions providing for the means by which hiring methods may be changed, consistent with this Judgment, and shall provide for appropriate notice to be given the parties of such proposed changes.

G. Notices of Job Availability. Each Defendant Public Employer, and all others named or referred to in Paragraph C above, are permanently enjoined from hiring any person for any Governmental Employment position (except Exempt Positions and except, as provided below, for emergency hiring) unless prior public notice of the opportunity to apply for and be hired for the job has been given. This requirement shall apply to hiring of persons after a date 60 days after this Judgment becomes effective.

During the period of ten years after this Judgment becomes effective, the method of giving notice shall be as provided by this paragraph, unless an alternative method is approved by the Court. The notice shall be given at least 14 days before the last date for which applications may be submitted for consideration for the job. The notice shall include a description of the nature of the job, the qualifications, the pay, and how and where to apply for the job. The notice shall be given in the following manner:

    (1) by prominently posting the notice for
  inspection by the general public at each place
  where persons may make application for
  Governmental Employment with that Defendant
  Public Employer. (A list of all such available
  job opportunities with the Defendant Public
  Employer shall similarly be posted. The list must
  be updated at least monthly. Copies of the list
  and of all such notices shall be provided free of
  charge to each person who requests a copy in
  person); and

    (2) by mailing copies of the list of available
  job opportunities to each person who shall have
  requested receiving such notices by mail.
  (Defendant Public Employers may provide in their
  Plan of Compliance for a charge to persons
  requesting notices by mail of a reasonable fee to
  cover postage costs.)

In lieu of the manner set forth in Subparagraphs G(1) and G(2), notice may be given in the manner required by statute as to any position which is to be filled by the highest ranking applicant on competitive examinations. A Plan of Compliance may make provision for establishing reasonable limits on the period during which a person shall be entitled to continue to receive by mail notices of job opportunities after having most recently requested the notice.

A Plan of Compliance may make reasonable provisions for hiring persons in exceptional, emergency situations without prior notice having been given as provided in this paragraph. Any such provision shall contain rigorous limitations on the number of persons who may be so hired in a year. The Plan of Compliance shall also provide for regular reports to the Court of instances in which such emergency hiring was made, setting forth the reasons why it was an emergency situation, including why it was not possible to have made arrangements by which the hiring could have been made upon prior notice.

H. Notice of List of Jobs. Each Defendant Public Employer shall cause to be published, at least once each calendar quarter for a period of ten years following the date this Judgment becomes effective, in the "help wanted" section of a Chicago daily newspaper having a circulation of greater than 200,000, a prominent notice of the existence and availability of the list described in Subparagraph G(1), stating where the list is available for public inspection, where copies may be obtained in person and how persons may receive copies of the list by mail.

I. Notice to Employees. Each Defendant Public Employer shall cause a copy of the Notice which is attached to this Judgment, together with a copy of this Judgment, to be delivered within 30 days of the date this Judgment becomes effective to each Governmental Employee of such Defendant.

J. Notice to Job Applicants. Each Defendant Public Employer is directed, for a period of ten years following the date this Judgment becomes effective, to cause copies of the Notice referred to in Paragraph I, together with a copy of this Judgment, to be delivered to each applicant for Governmental Employment with such Defendant Public Employee. The Notice shall be delivered to each applicant no later than the time the applicant is furnished a job application for the Governmental Employment position.

K. Posting of Judgment. A copy of this Judgment and a copy of the Notice referred to in Paragraph I shall be prominently posted at each place where persons may make applications for employment with each Defendant Public Employer. Copies of this Judgment and such notice shall remain so posted for a period of ten years following the date this Judgment becomes effective. A notice similarly posted shall state that copies of the notice referred to in Paragraph I and of this Judgment are available to any person who requests them.

L. Affidavits of Compliance. Each Defendant Public Employer shall cause to be filed with the Clerk of this Court within 45 days of the date this Judgment becomes effective an affidavit showing compliance with Paragraph I. Each Defendant Public Employer shall cause to be filed with the Clerk of this Court prior to the last day of each calendar quarter, beginning with the year in which this Judgment becomes effective and ending ten years after that year, an affidavit showing compliance with Paragraphs G, I, J and K for the period since the last date covered by the most recent affidavit. Such quarterly affidavits shall list the name and position of all persons hired since the most recent such affidavit by each such Defendant Public Employer. The affidavits shall also disclose the name and party position of every person, reasonably known to the Defendant Public Employer to be a political party official, member, employee or agent, who has directly or indirectly recommended or sponsored the Employee for Governmental Employment. Nothing in this paragraph shall require any person to make any inquiry as to any person's political affiliation.

M. Annual Reports. In each of the years 1983 through 1992, inclusive, each Defendant Public Employer shall file a verified report (prior to March 1 of the year), with copies to all parties to this Judgment, detailing all steps taken in the preceding year to implement the Plan of Compliance referred to in Paragraph F and otherwise to comply with this Judgment and also stating all changes in methods of hiring persons for Governmental Employment made since the last date covered by the last such report or, in the case of the first report, since the date this Judgment becomes effective.

N. Exempt Positions. Defendant Public Employers may, from time to time, apply to the Court for a determination that political party affiliation or activity are appropriate requirements for the effective performance of certain Governmental Employment positions and therefore that hiring for or discharge from such positions should be exempt from inquiry under this Judgment and the Consent Judgments. Prior to entry of an order of Court determining a position to be an Exempt Position, no position shall be exempt from this Judgment and no action with respect to any such position shall be exempt from inquiry under this Judgment, except as provided in Paragraph O of this Judgment.

O. Interim Exempt Positions. Each Governmental Employment Position which is listed or referred to in the List of Interim Exempt Positions, a copy of which is attached to and made a part of this Judgment, shall be treated as a position, the hiring for which is, during the period specified in this Paragraph O, exempt from the provisions of Paragraphs D through M of this Judgment. The period during which such positions with a Defendant Public Employer shall be so exempt is the period beginning on the date this Judgment becomes effective and ending when the Court enters its first order, pursuant to Paragraph N of this Judgment, determining which positions with that employer are to be Exempt Positions. That a position is listed or not listed as an interim Exempt Position shall have no bearing whatsoever on the determination of whether a position shall be determined to be or not to be an Exempt Position pursuant to Paragraph N of this Judgment or pursuant to Paragraph H of the Consent Judgments.

P. Consent Judgments. This Judgment is in addition to the Consent Judgments and is issued pursuant to Paragraph H of the Consent Judgments.

Q. Jurisdiction Retained. Jurisdiction is retained for the following purposes:

    (1) To enable the parties to this Judgment to
  apply to this Court for orders determining which
  Governmental Employment positions are Exempt
  Positions as provided in Paragraph N;

    (2) To enable the parties to this Judgment to
  apply to this Court at any time for such further
  orders and directions as may be necessary or
  appropriate for the construction or carrying out
  of the Consent Judgments and this Judgment, for
  the enforcement of compliance with the provisions
  contained in the Consent Judgments and this
  Judgment, and for remedy for the violation of any
  of those provisions. Application to enforce those
  provisions or to remedy any violation may be
  presented to this Court by any registered voter.
  Prior written notice of all such applications and
  other matters in this action shall be given to
  the named parties to this Judgment;

    (3) To enable the parties to this Judgment to
  apply at any time for modifications to the
  requirements of Paragraphs F through M of this
  Judgment, which modifications shall be warranted
  by good cause and consistent with or necessary
  for the implementation of Paragraphs D and E;

    (4) To determine whether provisions of this
  Judgment which by their terms may expire upon a
  term of years should be extended for a further
  period; and

    (5) To determine the amount of plaintiffs'
  costs and attorneys' fees. Defendants shall pay
  plaintiffs' costs and attorneys' fees if so
  determined by Court order.

R. Effectiveness. The Court expressly finds and determines, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, that there is no just reason for delay.
It directs that this Judgment now be entered and be effective upon its entry.

IT IS SO ORDERED.

LIST OF INTERIM EXEMPT POSITIONS

I.  The following are the interim Exempt Positions with
    defendant City of Chicago:

1.  Each elected official.

  2.  A private secretary for each elected
      official.

  3.  Members of boards and commissions whose
      appointment is subject to confirmation by the
      City Council.

  4.  Administrative assistants to the Mayor, and
      such employees of the Mayor's office as are
      appointed by the Mayor.

5.  Executive heads of City departments.

6.  Employees of the City Council.

  7.  Up to 250 additional employees to be selected
      in the discretion of the City.

II. The following are the interim Exempt Positions with
    defendant Chicago Park District:

  1.  The members of the Board of Commissioners and
      the General Superintendent.

  2.  A private secretary for each member of the
      Board of Commissioners and for the General
      Superintendent.

3.  Executive heads of the various departments.

  4.  Up to 20 additional employees to be selected
      in the discretion of the Chicago Park
      District.

III.  The following are the interim Exempt Positions under the
      jurisdiction of the defendant Cook County officers and
      the Forest Preserve District of Cook County:

1.  Each elected official.

  2.  A private secretary for each elected
      official.

  3.  Members of all boards and commissions whose
      appointment is subject to confirmation by the
      Board of Commissioners of Cook County (or the
      Forest Preserve District of Cook County) or
      whose appointment is provided for by statute.

  4.  Executive heads of departments with County
      officers or the Forest Preserve District.

  5.  Up to 125 additional employees to be selected
      in the discretion of the Board of
      Commissioners of Cook County.

Where, as provided in this list, a Defendant Public Employer may, in its discretion, designate certain positions among the interim Exempt Positions, the Employer must file the list of positions with the Court, with copies served on all parties, at least two weeks prior to the positions becoming interim Exempt Positions.

IMPORTANT NOTICE

TO: ALL EMPLOYEES OF ______ AND TO ALL APPLICANTS FOR JOBS WITH THAT GOVERNMENTAL OFFICE OR ENTITY:

On April 4, 1983, a Judgment was entered in the United States District Court for the Northern District of Illinois in the case of Michael L. Shakman, et al. v. The Democratic Organization of Cook County, etc., No. 69 C 2145.

The Judgment prohibits "conditioning, basing or affecting the hiring" of governmental employees (except certain Exempt Employees) upon or because of any political reason or factor. A copy of the Judgment is attached. Please read it carefully and abide by all its provisions. Key points of the Judgment are summarized below.

Prohibited Activity

The Judgment contains a permanent injunction against any person to whom it applies as discussed below (if you are an employee of any of the listed public employers, this includes you) from conditioning, basing or affecting the hiring of any governmental employee (except certain Exempt Employees) upon any political reason or factor. HIRING MUST NOT BE BASED UPON OR AFFECTED BY THE PROSPECTIVE EMPLOYEE'S POLITICAL AFFILIATION, POLITICAL SUPPORT OR ACTIVITY, POLITICAL FINANCIAL CONTRIBUTION, PROMISES OF SUCH POLITICAL SUPPORT, ACTIVITY OR FINANCIAL CONTRIBUTION. Nor may hiring be based upon or affected by the prospective employee's political sponsorship or recommendation.

The Judgment defines "governmental employee" as any full or part-time employee within the Northern District of Illinois by the State of Illinois, County of Cook, City of Chicago or any other non-federal governmental entity.

Applicability

The Judgment applies to the City of Chicago and its Mayor; the Forest Preserve District of Cook County; the Clerk of the Circuit Court of Cook County; Treasurer, Clerk, Assessor and Sheriff of Cook County; the President of the Board of Commissioners of Cook County, the President of the Board of Commissioners of the Forest Preserve District of Cook County; the Chairman of the Democratic Party County Central Committee for Cook County; the Democratic Party County Central Committee for Cook County and its members; and the Chicago Park District. It applies to such persons individually and in their official capacities. It also applies to their successors in office, to all of their agents and employees and to all others who receive notice of the Judgment and who are in active concert or participation with any of such persons.

Violations

VIOLATIONS OF THE JUDGMENT MAY CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY FINE OR IMPRISONMENT. The Judgment becomes effective upon its entry on April 4, 1983. If you know of any violations of the Judgment, you may report them to your job supervisor or to the ________ or you may report them to the Court by letter addressed to the Clerk of the United States District Court, Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois 60604.

Any registered voter is entitled to bring complaints concerning any violations of the Judgment before this United States District Court in accordance with the provisions of Paragraph Q of the Judgment.

Exemptions

The Judgment permits the defendant public employers to apply for determinations that particular jobs are exempt from this and the earlier judgments as to those governmental employment positions for which party affiliation or considerations are an appropriate requirement for the effective performance of the jobs. A limited number of positions have been exempted from the Judgment on an interim basis until the Court rules on any applications of defendants for exemptions. A list of interim exemptions is available from your employer.

Notices of Job Openings

The Judgment requires that notice and a description of the availability of governmental employment positions (other than exempt positions) be made public in the following ways:

    (1) By posting the notice at all employment
  offices of each defendant public employer. A list
  of all available job opportunities is similarly
  to be posted. Copies of notices and the list are
  to be available upon request. The existence and
  availability of such list is to be publicized
  quarterly in a newspaper help wanted section.

    (2) By mailing to any person who requests
  receiving such notice.

No person may be hired for such a non-exempt position, except in emergency situations, unless notice of the job has been given as specified in the Judgment.

Prior Judgments

Previous Consent Judgments in the case, entered in 1972, April 3, 1978, and June 27, 1980, remain in effect. They prohibit discharging or otherwise affecting or basing any term or aspect of governmental employment with regard to a person once hired upon any political reason or factor.

APPENDIX

June 21 nunc pro tunc June 20, 1983

FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTION OF
  CITY OF CHICAGO AND ITS MAYOR TO ENTER JUDGMENT

The City of Chicago and its Mayor have moved the Court to enter a form of Judgment as to them, supplanting as to them the Judgment of April 4, 1983. Plaintiffs have consented to that Motion. A hearing has been held as to the fairness, reasonableness and adequacy of this resolution of this case as to these two defendants. On the basis of the evidence and other matters presented at the said hearing and the entire record in this case, the Court makes the following findings of fact and conclusions of law:

Findings of Fact

1. Pursuant to and in full compliance with the Federal Rules of Civil Procedure, including without limitation Rule 23, due and adequate notice was given to persons who are members of the plaintiff classes advising them of the Motion and of their opportunity to be heard with respect to it. In addition, the City of Chicago has given due and adequate notice of the Motion to all of its employees presently holding positions which would be made exempt positions under the proposed Judgment.

2. No objections to the Motion have been filed by any person with respect to the rights of the plaintiff classes. The only statement received by the Court from such a person was the statement of the Independent Voters of Illinois — Independent Precinct Organization. That statement was in favor of the Motion.

3. Statements of intention to object to the Motion were filed by an Amicus for employees, by various individual employees and by defendant Democratic Organization of Cook County.

4. The City of Chicago and plaintiffs have consented to the entry, in addition to the proposed Judgment, of an ancillary Order by which jurisdiction is retained by this Court so that, within three years, current holders of the positions to be exempted could, upon the occurrence of a discharge or demotion, ask the Court to delete the position from Part G of the Schedule of Exempt Positions which is a part of the proposed Judgment. In the light of this suggested ancillary Order, those persons who had indicated their intention to object and who appeared at the hearing withdrew all objections. No objections were presented at the hearing.

5. The Motion is recommended by counsel for the City and its Mayor and by counsel for the plaintiffs. Counsel for the plaintiffs are competent counsel experienced in class action and constitutional litigation.

6. This Order is entered after an earlier hearing on the remedy to be granted. That hearing covered, inter alia, the question of the number of temporary exemptions to be granted to the defendant governmental entities and offices. The factual presentation made at the earlier hearing with respect to remedy and exemptions was sufficient for the Court to evaluate the strength of the plaintiffs' case and any risks of continued litigation.

7. The proposed Judgment closely follows the text of the Court's own Judgment of April 4, 1983. The principal difference concerns the number of exemptions. The proposed Judgment, which would exempt approximately 1200 City employees (about 900 under the jurisdiction of the Mayor), consists principally of what has been characterized as management employees of the City, together with a certain number of staff assistants and executive secretaries. Exemptions of this kind and in this number will not materially affect the safeguarding of the rights of the plaintiff classes of independent voters and candidates.

8. The proposed resolution of the case as to the City of Chicago and its Mayor will, if properly implemented, essentially eliminate the contribution of the City and its Mayor to the patronage employment system's violations of plaintiffs' rights. It will, if properly implemented, ensure that the City does not by a patronage employment system deny plaintiff candidates an equal chance in elections and plaintiff voters an equal voice.

Conclusions of Law

A. The proposed Judgment constitutes a fair, reasonable and adequate resolution of the claims as to the City and its Mayor with respect to the rights of the plaintiff classes.

B. The proposed Judgment neither initiates nor authorizes any unconstitutional conduct.

C. The Judgment submitted by the City and its Mayor is approved in all respects and entered forthwith.

D. The necessity for an immediate resolution of this case makes it appropriate for a Rule 54(b) finding with respect to the ancillary decree. The Court expressly finds and determines that there is no just reason for delay and it directs that the Order now be entered as a final Judgment and be effective upon its entry.

JUDGMENT AS TO THE CITY OF CHICAGO AND ITS MAYOR

Plaintiffs Michael L. Shakman and Paul M. Lurie have filed their First Amended Complaint, as supplemented, on behalf of themselves and the classes they represent as determined by previous Order of Court. The First Amended Complaint, as supplemented, alleges that defendants violated plaintiffs' rights by illegally conditioning, basing and affecting the obtaining and maintaining of governmental employment upon political sponsorship, affiliation, and support.

On May 5, 1972, this Court entered a Consent Judgment with respect to, among others, the City of Chicago and its Mayor, prohibiting the conditioning, basing or affecting any term or aspect of governmental employment (with respect to persons once hired) upon or because of any political reason or factor. That Consent Judgment retained jurisdiction for the parties to continue to litigate the question of whether political sponsorship or other political considerations may be taken into account in hiring employees. It also retained jurisdiction to enable the parties to apply to the Court for further orders and directions for the carrying out of the provisions of the 1972 Consent Judgment and to enforce compliance with its provisions, as well as to determine which governmental employment positions should be exempt from its provisions.

On September 24, 1979, this Court granted plaintiffs' Motion for Partial Summary Judgment and entered extensive findings of fact and conclusions of law, finding basically that various defendants, including the City of Chicago, illegally conditioned, based and affected the hiring of persons for governmental employment upon and because of their political sponsorship, affiliation and support. This Court held an evidentiary hearing, and received extensive memoranda with respect to the form of relief to be provided for the violations of plaintiffs' rights as determined by that decision.

This Judgment is entered to provide relief for the violations of plaintiffs' rights as determined in the decision of September 24, 1979, and to prevent further such violations of plaintiffs' rights. It is also entered to carry out and implement the 1972 Consent Judgment.

The purposes of this Judgment are to eliminate the conditioning, basing or affecting of employment with the City of Chicago on political reasons or factors while maintaining the ability of the elected officials of the City lawfully to establish, manage and direct the policies and affairs of the City.

This Judgment goes no further than to attempt to eliminate political considerations in the hiring of non-exempt Governmental Employees; it does not impose a civil service system nor does it necessitate that a merit system be utilized.

NOW, THEREFORE, it is Ordered, Adjudged and Decreed as follows:

A. Jurisdiction. This Court has jurisdiction of the parties to this Judgment and of the subject matter of this action under Sections 1331 and 1343(3) of Title 28 of the United States Code.

B. Definitions. As used in this Judgment (1) the term "Governmental Employment" means any employment (whether full-time or part-time, permanent or temporary, and regardless of whether the employment is paid for by Federal funds) by or for the City of Chicago, or any other non-federal governmental office or entity under the direction and control of the City of Chicago; (2) the terms "Governmental Employee" and "Employee" mean a person employed in Governmental Employment; (3) the term "Exempt Position" means a Governmental Employment job, which is determined to be exempt from the provisions of Paragraphs D and E of the 1972 Consent Judgment and Paragraphs D through M, inclusive, of this Judgment, all as provided in Paragraph N below; and (4) the term "1972 Consent Judgment" means the Judgment previously entered in this case upon the consent of plaintiffs and various defendants on May 5, 1972.

C. Persons Bound. The provisions of this Judgment apply to the CITY OF CHICAGO; HAROLD WASHINGTON, individually and as Mayor of the City of Chicago; his successors as Mayor; the present and future officers, agents, servants, employees and attorneys of the City of Chicago, its Mayor and others named or referred to in this paragraph; and all others in active concert or participation with the City of Chicago, its Mayor or others named or referred to in this paragraph who receive actual notice of this Judgment, by personal service or otherwise.

D. Declaratory Relief. It is declared that the conditioning, basing or affecting the hiring of Governmental Employees (other than for Exempt Positions) upon or because of any political reason or factor including, without limitation, any prospective employee's political affiliation, political support or activity, political financial contributions, promises of such political support, activity or financial contributions or such prospective employee's political sponsorship or recommendation is prohibited.

E. Injunction. The City of Chicago, its Mayor and all others named or referred to in Paragraph C above are permanently enjoined from directly or indirectly, in whole or in part:

    (1) conditioning, basing or knowingly
  prejudicing or affecting the hiring of any person
  as a Governmental Employee (other than for Exempt
  Positions), upon or because of any political
  reason or factor including, without limitation,
  any prospective employee's political affiliation,
  political support or activity, political
  financial contributions, promises of such
  political support, activity or financial
  contributions, or such prospective employee's
  political sponsorship or recommendation; or

    (2) knowingly inducing, aiding, abetting,
  participating in, cooperating with the commission
  of any act which is proscribed by this Paragraph
  E, or threatening to commit any act proscribed by
  this Paragraph E.

F. Plan of Compliance. The City of Chicago shall, not later than 120 days from the date this Judgment becomes effective, file with the Court, with copies to all parties to this Judgment, a Plan of Compliance to implement this Judgment.

The Plan of Compliance shall set forth in detail a method or methods of hiring to be used for all Governmental Employment positions (other than Exempt Positions) with the City of Chicago. Each such method of hiring shall establish criteria for hiring which shall establish on an objective basis that the method complies with Paragraphs D and E above. The method or methods of hiring set forth in the Plan of Compliance shall be within the discretion of the City of Chicago, as long as the method or methods comply with the requirements of this Judgment.

The Plan of Compliance shall also provide for the instruction of persons having responsibility for hiring as to the requirements of this Judgment and the Plan of Compliance and shall provide for the monitoring of compliance with this Judgment and the Plan of Compliance.

Should plaintiffs conclude that the Plan of Compliance of the City of Chicago is not in compliance with this Judgment, or is inadequate to ensure compliance with this Judgment, they may apply to the Court for further orders to enforce compliance, including directing changes in the Plan of Compliance. Within one year of the date this Judgment becomes effective, the City of Chicago shall implement the Plan of Compliance as so filed and as it may be so changed.

The Plan of Compliance may contain provisions providing for the means by which hiring methods may be changed, consistent with this Judgment, and shall provide for appropriate notice to be given the parties of such proposed changes.

G. Notices of Job Availability. The City of Chicago and all others named or referred to in Paragraph C above are permanently enjoined from hiring any person for any Governmental Employment position (except for Exempt Positions and except, as provided below, for emergency hiring) unless prior public notice of the opportunity to apply for and be hired for the job has been given, as provided in this Paragraph G. This requirement shall apply to hiring of persons after a date 60 days after this Judgment becomes effective.

During the period of ten years after this Judgment becomes effective, the method of giving notice shall be as provided by this Paragraph, unless an alternative method is approved by the Court. The notice shall be given at least fourteen days before the last date for which applications may be submitted for consideration for the job. [In instances in which the City of Chicago establishes a list of persons eligible to be hired for a particular position, and hires persons for the position solely from that list, it is sufficient for the City of Chicago to have given the required notice at least 14 days prior to the time in which to file an application for the position and no additional notice need be given as persons are hired for the position from among the persons placed on the list of eligible applicants pursuant to the notice.] The notice shall include a description of the nature of the job, the qualifications, the pay, and how and where to apply for the job. The notice shall be given in the following manner:

    (1) by prominently posting the notice for
  inspection by the general public at the main
  office of the Department of Personnel of the City
  of Chicago and at at least eight additional
  geographically distributed City of Chicago
  facilities. (A list of all such available job
  opportunities with the City of Chicago shall
  similarly be posted. The list must be updated at
  least monthly. Copies of the list and of all such
  notices shall be provided free of charge to each
  person who requests a copy in person); and

    (2) by mailing copies of the list of available
  job opportunities to each organization or person
  who shall have requested receiving such lists by
  mail. (The City of Chicago may provide in its
  Plan of Compliance for a charge to organizations
  or persons requesting lists by mail of a
  reasonable fee to cover costs of so distributing
  the list.)

The Plan of Compliance may make provision for establishing reasonable limits on the period during which a person shall be entitled to continue to receive by mail lists of job opportunities after having most recently requested the notice.

The Plan of Compliance may make reasonable provisions for hiring persons in exceptional, emergency situations without prior notice having been given as provided in this paragraph. Any such provision shall contain rigorous limitations on the number of persons who may be so hired in a year. The Plan of Compliance shall also provide for regular reports to the Court of instances in which such emergency hiring was made, setting forth the reasons why it was an emergency situation, including why it was not possible to have made arrangements by which the hiring could have been made upon prior notice.

The Plan of Compliance may make reasonable provision, with respect to positions which are to be filled by promotions of persons already employed as Employees of the City of Chicago, for notices to be given only to Employees eligible for the promotion.

H. Notice of List of Jobs. The City of Chicago shall cause to be published, at least once each calendar quarter for a period of ten years following the date this Judgment becomes effective, in the "help wanted" section of a Chicago daily newspaper having a circulation of greater than 200,000, a prominent notice of the existence and availability of the list described in Subparagraph G(1), stating where the list is available for public inspection, stating where copies may be obtained in person and stating also how persons may receive copies of the list by mail.

I. Notice to Employees. The City of Chicago shall cause a copy of the Notice which is attached to this Judgment to be delivered within 30 days of the date this Judgment becomes effective to each Governmental Employee of the City of Chicago.

J. Notice to Job Applicants. The City of Chicago is directed, for a period of ten years, following the date this Judgment becomes effective, to cause a copy of the Notice referred to in Paragraph I, to be delivered to each applicant for employment with the City of Chicago. The Notice shall be delivered to each applicant at the time he or she applies for the Governmental Employment position.

K. Posting of Judgment. A copy of this Judgment and a copy of the Notice referred to in Paragraph I shall be prominently posted at each place where persons may make applications for employment with the City of Chicago. Copies of this Judgment and such notice shall remain so posted for a period of ten years following the date this Judgment becomes effective. A notice similarly posted shall state that a copy of the notice referred to in Paragraph I is available to any person who requests them.

L. Affidavits of Compliance. The City of Chicago shall cause to be filed with the Clerk of this Court within 45 days of the date this Judgment becomes effective an affidavit showing compliance with Paragraph I. The City of Chicago shall cause to be filed with the Clerk of this Court prior to the last day of each calendar quarter, beginning with the year in which this Judgment becomes effective and ending ten years after that year, an affidavit showing compliance with Paragraphs G, H, I, J and K for the period since the last date covered by the most recent affidavit. These quarterly affidavits shall list the name and position of all persons hired since the most recent such affidavit (or, in the case of the first affidavit, since the date this Judgment becomes effective) by the City of Chicago, other than for an Exempt Position. The affidavits shall also disclose the name and party position of every person or organization, reasonably known to officials of the City of Chicago with the responsibility for hiring the Employee to be a political party organization which, or an official or agent of a political party organization who, has, as reflected by a writing known to such official of the City of Chicago, recommended or sponsored the Employee for Governmental Employment, other than for an Exempt Position. Nothing in this paragraph shall require any person to make any inquiry as to any person's political affiliation.

M. Annual Reports. In each of the years 1984 through 1993, inclusive, the City of Chicago shall file a verified report (prior to March 1 of the year), with copies to all parties to this Judgment, detailing all steps taken in the preceding year to implement the Plan of Compliance referred to in Paragraph F and otherwise to comply with this Judgment and also stating all changes in methods of hiring persons for Governmental Employment made since the last date covered by the last such report or, in the case of the first report, since the date this Judgment becomes effective.

N. Exempt Positions. The Governmental Employment positions under the control of the City of Chicago as listed in the attached Schedule of Exempt Positions are positions exempt from this Judgment and the 1972 Consent Judgment.

The City of Chicago may from time to time add positions to or delete positions from part G of the Schedule of Exempt Positions, provided that the total number of jobs on part G of the Schedule, as so amended from time to time, shall not exceed the number initially on part G of the Schedule and provided further that the total number of jobs added to the Schedule in any year shall not exceed 10% of the initial number of jobs on part G of the Schedule. However, each position so added to part G of the Schedule must be a position which involves policy to such a degree or is so confidential in nature with regard to policy that employment decisions concerning the positions are required to be exempt from inquiry under this Judgment and the 1972 Consent Judgment. Any such amendment to part G of the Schedule shall, prior to becoming effective, be filed with the Clerk of this Court and served on each counsel of record in this case. The City of Chicago shall at all times maintain available for public examination an updated Schedule of Exempt Positions.

O. Consent Judgment. The 1972 Consent Judgment remains in full force and effect. This Judgment represents the disposition, as to the City of Chicago and its Mayor, of the claims as to which jurisdiction was retained under Paragraph H(1) of the 1972 Consent Judgment. This Judgment is also entered under Paragraph H(2) of that 1972 Consent Judgment.

P. Jurisdiction Retained. Jurisdiction is retained for the following purposes:

    (1) To enable the parties to this Judgment to
  apply to this Court at any time for such further
  orders and directions as may be necessary or
  appropriate for the construction or carrying out
  of the 1972 Consent Judgment and this Judgment,
  for the enforcement of compliance with the
  provisions contained in the 1972 Consent Judgment
  and this Judgment, and for remedy for the
  violation of any of those provisions. Application
  to enforce those provisions or to remedy any
  violation, may be presented to this Court by any
  registered voter. Prior written notice of all
  such applications and other matters in this
  action shall be given to the named parties to
  this Judgment;

    (2) To enable the parties to this Judgment to
  apply at any time for modifications to the
  requirements of Paragraphs F through M of this
  Judgment, which modifications shall be warranted
  by good cause and consistent with or necessary
  for the implementation of Paragraphs D and E;

    (3) To determine whether provisions of this
  Judgment which by their terms may expire upon a
  term of years should be extended for a further
  period;

    (4) To enable the parties to this Judgment, at
  anytime within 2 years of the effectiveness of
  this Judgment, upon the occurrence of a material
  change in factual circumstances, to apply for a
  modification of Paragraph N of this Judgment as
  may be necessary in order to achieve the purposes
  of this Judgment;

    (5) To enable the parties to this Judgment to
  apply for a modification of the Schedule of
  Exempt Positions as may be necessitated by a
  material change, from the date of the
  effectiveness of this Judgment, in the total
  number of positions with the City of Chicago
  which involve policy to such a degree or are so
  confidential in nature with regard to policy that
  employment decisions concerning the positions are
  required to be exempt from inquiry under this
  Judgment and the 1972 Consent Judgment; and

    (6) To determine the amount of plaintiffs'
  costs and attorneys' fees. Defendants shall pay
  plaintiffs' costs and attorneys' fees if so
  determined by Court order.

Q. Effectiveness. The Court expressly finds and determines, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, that there is no just reason for delay. Finality of this Judgment is important to protect the rights of the parties. It directs that this Judgment now be entered as a final judgment and be effective upon its entry.

IT IS SO ORDERED.

SCHEDULE OF EXEMPT POSITIONS

A.  Each elected official.

B.  One private secretary to each elected official.

  C.  Employees of the City Council (but only, except upon
      approval of the Court, employees performing functions of
      the same kind as presently performed by the employees of
      the City Council).

  D.  Each member of a board or commission including those
      whose appointment is subject to confirmation by the City
      Council.

  E.  Each executive head of a department whose appointment is
      subject to confirmation by the City Council.

  F.  Administrative assistants to the Mayor and additional
      employees of the Office of the Mayor who are appointed
      by the Mayor (but not any employees performing functions
      performed as of the date of the effectiveness of this
      Judgment by employees in other offices, boards,
      commissions or departments of the City of Chicago). This
      includes, but is not limited to, the Mayor's press
      office and offices of special events and
      intergovernmental affairs.

  G.  The following additional positions (except as indicated,
      one job for each position title listed):

ANIMAL CONTROL

TITLE CODE   JOB TITLE

    3493        Operations Manager Animal Control
    0308        Staff Assistant
    9650        Executive Director (Animal Care and Control)

ARCHITECTURAL LANDMARKS

TITLE CODE   JOB TITLE

    1742        Deputy Director — Landmarks Commission
    0809        Executive Secretary I
    9634        Director, Landmarks Commission

AVIATION

TITLE CODE   JOB TITLE

    0207        Director of Aviation Finance
    1191        Contract Administrator
    1304        Supervisor of Personnel Services
    5638        Supervisor of Maintenance Construction
    7001        Superintendent of Operations
    7012        Assistant Airport Manager — O'Hare
    7019        General Manager of Maintenance — O'Hare
    7020        General Manager of Operations — O'Hare
    7041        Assistant Superintendent of Operations
    7042        Administrative Assistant to Airport Manager
    7053        Director of Airport Aministrative Services
    7057        Director of Aviation Security
    7061        Director of Aviation Policy Analysis
    7062        Director of Aviation Property Management
    7059        Director of Aviation Planning
    7060        Director of Aviation Development
    7092        First Deputy Commissioner of Aviation
    7094        Deputy Commissioner of Aviation (3)
    0312        Director of Airport Concessions
    0313        Assistant Commissioner

    0338        Director of Management Services
    7013        Airport Manager — Meigs
    7014        Airport Manager — Midway
    7015        Airport Manager — O'Hare
    7031        Airport Operations Manager — O'Hare
    7040        General Superintendent of Utility Systems
    7009        Assistant Commissioner of Aviation (3)
    0308        Staff Assistant (4)
    0809        Executive Secretary I (2)
    0810        Executive Secretary II (3)
    7064        Asst. to Commissioner of Aviation

OFFICE OF BUDGET AND MANAGEMENT

TITLE CODE   JOB TITLE

    1124        Assistant Budget Director (3)
    9656        Deputy Budget Director (2)
    0323        Manager of Community Development Administration
    1107        Principal Budget Analyst (6)
    1147        Data Services Administrator
    0301        Administrative Assistant I (2)
    0302        Administrative Assistant II
    0303        Administrative Assistant III
    0810        Executive Secretary II (2)
    1103        Budget Analyst (2)
    1105        Senior Budget Analyst (5)
    1127        Management Systems Specialist
    1232        Management Specialist
    1302        Administrative Services Officer II
    1311        Employee Compensation Technician I (2)
    1312        Employee Compensation Technician II

BUILDING BD APPEALS

TITLE CODE   JOB TITLE

    0301        Administrative Asst. I
    0308        Staff Assistant

CABLE COMMUNICATIONS

TITLE CODE   JOB TITLE

    3894        Director of Planning
    0345        Contract Coordinator (3)
    0706        Assistant Cable Administrator
    0302        Administrative Asst. II
    0380        Dir. of Administration I
    0729        Information Coordinator
    0809        Executive Secretary I
    0810        Executive Secretary II
    1751        Coord. of Prog. Services & Evaluation

CHICAGO PUBLIC LIBRARY

TITLE CODE   JOB TITLE

    0517        District Chief (4)
    0595        Chief of Public Information
    1343        Director of Library Personnel
    4550        Director of Library Maintenance and Security
    9861        Commissioner of Chicago Public Library
    0508        Assistant Commissioner of the Chicago Public Library
    0510        Assistant Commissioner for Extension Services
    0513        Director, Cultural Center
    0586        Director of Library Financial Development
    0587        Director of Library Planning & Building Programs
    9862        Deputy Commissioner of Chicago Public Library (2)
    9863        Deputy Commissioner for the Chicago Library System
    0199        Director of Library Finance
    0387        Director of Staff Services
    0514        Regional Library Director (2)
    0595        Chief of Public Information
    1343        Director of Library Personnel
    0303        Administrative Assistant III (2)
    0308        Staff Assistant (4)
    0524        Asst. to the Commissioner (2)
    0809        Executive Secretary I (2)
    0810        Executive Secretary II

CITY CLERK

TITLE CODE   JOB TITLE

    0315        Deputy City Clerk
    1453        Director of System Planning
    0809        Executive Secretary I

CITY TREASURER

TITLE CODE   JOB TITLE

    9673        Deputy City Treasurer
    0303        Administrative Assistant III (2)
    0308        Staff Assistant

CONSUMER SERVICES

TITLE CODE   JOB TITLE

    2069        Director of Analytical Services
    3057        Director of Program Services
    2459        Deputy Commissioner — Enforcement
    9803        First Deputy Commissioner Consumer Services
    0342        Director of Administrative and Fiscal Services
    2068        Director of Energy and Environmental Programs
    2385        Assistant Director of Consumer Protection
    2012        Director of Engineering and Enforcement Services
    2480        Assistant Director of Consumer Services
    2458        Deputy Commissioner — Public Vehicle Operations
    9806        Deputy Commissioner Consumer Services
    9855        Special Assistant — Administration
    2384        Director of Consumer Protection

    0303        Administrative Assistant III
    0308        Staff Assistant (4)
    0810        Executive Secretary II

DATA CENTER

TITLE CODE   JOB TITLE

    1102        Assistant Director of Data Processing
    1161        Manager of Data Center Systems
    1162        Manager of Data Center Operations
    1134        Assistant Manager of Data Center Systems (2)
    1152        Assistant Manager of Operations (3)
    0303        Administrative Assistant III
    1106        Data Base Analyst II
    1108        Data Base Analyst III (2)
    1146        Data Base Administrator
    1191        Contract Administrator
    9765        Director of Data Processing

ECONOMIC DEVELOPMENT COMMISSION

TITLE CODE   JOB TITLE

    9662        Deputy Commissioner of Economic Development (5)
    9679        Deputy Commissioner
    0313        Assistant Commissioner (3)
    1752        Economic Development Coordinator (3)
    0302        Administrative Assistant II (2)
    0306        Asst. to the Director
    0308        Staff Assistant (2)
    0318        Asst. to the Commissioner
    0809        Executive Secretary I
    1603        Director of Land Acquisition and Disposition
    9658        Commissioner of Economic Development

MAYOR'S OFFICE OF EMPLOYMENT AND TRAINING

TITLE CODE   JOB TITLE

    0126        Financial Officer
    0324        Director of Grants Administration
    0333        Director of Management Services
    1416        Director of Manpower Planning & Program Management
    1434        Director of Program Information
    1484        Director of Monitoring Services
    2960        Deputy Director — MET (2)
    0341        Supervisor of Grants Administration
    0305        Assistant to the Director (2)
    0306        Assistant to the Director
    0308        Staff Assistant
    0809        Executive Secretary I (2)
    2963        Assistant to the Mayor for Employment and Training

FINANCE

TITLE CODE   JOB TITLE

    0108        First Managing Deputy Comptroller
    0111        Deputy Comptroller — Operations

    0134        Asst. Comptroller — Debt Mgmt.
    0137        Asst. Comptroller — Pension Management
    0166        Asst. Comptroller — Special Accounting
    0170        Asst. Comptroller — Auditing
    0184        Asst. Comptroller — Real Estate
    0210        Managing Deputy Comptroller — Administration
    0211        Managing Deputy Comptroller — Accting.
    0212        Managing Deputy Comptroller — Revenue
    0249        Asst. Comptroller — Insurance
    0250        Asst. Comptroller — Gen. Funds
    0251        Asst. Comptroller — Enterprise Funds
    0253        Asst. Comptroller — Payroll
    0254        Deputy Comptroller — Revenue
    0256        Deputy Asst. Comptroller — Revenue
    0258        Asst. Comptroller — Collections
    0259        Asst. Comptroller — License Tax
    1101        Asst. Compt. — Systems & Procedures
    0113        Deputy Assistant Comptroller — Operations
    0141        Deputy Assistant Comptroller — Financial Policy
    1111        Director of Information Services
    1112        Chief Supervisor of Operations
    0302        Administrative Assistant II
    0303        Administrative Assistant III (2)
    0306        Asst. to the Director
    0308        Staff Assistant (8)
    0809        Executive Secretary I
    0810        Executive Secretary II
    0109        Deputy Comptroller — Accounting
    0112        Deputy Assistant Comptroller — Accounting
    0131        Assistant Comptroller — Receivable
    0135        Assistant Comptroller — Cash Management
    0136        Assistant Comptroller — Contract Management
    0140        Deputy Comptroller — Financial Policy
    0165        Assistant Comptroller — Financial Operations
    0171        Assistant to City Comptroller
    0172        Assistant Comptroller for Financial Systems
    0182        Assistant to the Comptroller — Special Accounting
    0183        Assistant to the Comptroller — Financial Auditing
    0252        Assistant Comptroller — Disbursements
    0255        Deputy Comptroller — Assets
    0257        Deputy Assistant Comptroller — Assets

COUNCIL ON FINE ARTS

TITLE CODE   JOB TITLE

    0305        Assistant to the Director
    0358        Director of Arts Development
    0729        Information Coordinator
    3057        Director of Program Operations
    9650        Executive Director (Council on Fine Arts)

FIRE

TITLE CODE   JOB TITLE

    9703        First Deputy Fire Commissioner — Operations
    9702        Deputy Fire Commissioner (4)

    0308        Staff Assistant (4)
    0809        Executive Secretary I (4)
    0810        Executive Secretary II (3)
    3367        Medical Director C.F.D.

GRAPHICS & REPRODUCTION

TITLE CODE   JOB TITLE

    0698        Asst. Dir. of Graphics and Reproduction Center
    0308        Staff Assistant
    0699        Director of Graphic Service

HEALTH

TITLE CODE   JOB TITLE

    0306        Assistant to the Director
    0309        Coordinator of Special Projects (2)
    0340        Director of Management and Operations
    0361        Director of Personnel Policies and Utilization
    0366        Director — Community Education
    0729        Information Coordinator
    1304        Supervisor of Personnel Services
    1855        Director of Procurement and Inventory Control
    3092        Program Director
    3422        Director of Health Education
    3425        Chief of Environmental Health
    3440        Director of Quality Assurance and Professional standards
    3461        Administrative Director of Mental Health Division
    3483        Administrative Director — Bureau of Health Services
    9687        Commissioner of Health
    1140        Chief Operations Research Analyst
    1179        Manager of Finance
    2904        Director of Research — Health
    0305        Assistant to the Director
    0308        Staff Assistant (4)
    0384        Special Assistant to the Commissioner of Health
    0809        Executive Secretary I (2)
    0810        Executive Secretary II (6)
    3568        Administrative Dir. — Bureau Health Regulations
    3646        Director of Health Education Programs
    3757        Director of Institutional Care
    3758        Director of Public Health Nursing
    9645        Deputy Commissioner of Health — Mental Health
    9686        Deputy Commissioner of Health (3)
    3440        Director of Quality Assurance and Professional
                Standards
    3543        Deputy Director of Alcoholic Assistance Services
                  (Facility Administrator)
    3562        Director — Psychological Services
    3566        Assistant Director of Mental Health Division
    0126        Financial Officer
    0311        Assistant Coordinator of Special Projects
    0341        Supervisor of Grants Administration
    1117        Director of Health Information Services
    3363        Physician (City Physician)

HEALTH SYSTEMS AGENCY

TITLE CODE  JOB TITLE

    1492        Director of Project Review and Implementation
    3044        Director — Community Resources
    9650        Executive Director (Health Systems Agency)
    0705        Dir. — Public Affairs
    1431        Dir. of Health Systems Planning
    1470        Deputy Dir. — HSA
    3044        Director — Community Resources
    3048        Assistant Director — Community Resources

HOUSING

TITLE CODE  JOB TITLE

    0152        Director of Financial Controls
    0201        Deputy for Finance and Administration
    0313        Assistant Commissioner (3)
    3942        Director of Field Operations
    9679        Deputy Commissioner (3)
    9802        First Deputy Commissioner of Housing
    1432        Director — Planning
    2961        Director of Housing Services
    3875        Director of Finance
    3883        Assistant Director of Finance
    0303        Administrative Assistant III (2)
    0308        Staff Assistant (2)
    0318        Asst. to the Commissioner
    0809        Executive Secretary I (7)
    0810        Executive Secretary II
    1937        Asst. to Commissioner
    0309        Coordinator of Special Projects
    0791        Director of Neighborhood Housing Support
    1440        Coordinating Planner II
    1749        Director of Program Services
    1905        Director of Relocation
    1906        Director of Program Management and Site
    Clearance
    1949        Director of Rehabilitation Construction
    1989        Director of Loan Processing
    3096        Director of Fair Housing

HUMAN RELATIONS

TITLE CODE  JOB TITLE

    0809        Executive Secretary I
    9741        Director of Human Relations

HUMAN SERVICES

TITLE CODE  JOB TITLE

    0309        Coordinator of Special Projects
    2986        Assistant Director — Family Services
    3026        Director of Youth Services
    3950        Director of Administrative Service
    2901        Dir. — Research

    2903        Dir. — Community Services
    2976        Exec. Asst. to Commissioner
    3829        Director of Agency Liaison Service
    3859        Director of Finance HS
    3874        Director of Children Services
    3881        Director of Manpower
    3942        Director of Field Operations
    9707        First Deputy Commissioner of Human Services
    9860        Deputy Commissioner — HS (2)
    3949        Assistant Executive Director —
    Administration
    3817        Director of Urban Progress Center (7)
    3068        Deputy Director of Community Services
    0308        Staff Assistant (2)
    0809        Executive Secretary I
    0810        Executive Secretary II (2)
    3556        Assistant to Director — HS
    3803        Assistant to the Commissioner — HS

INSPECTIONAL SERVICES

TITLE CODE  JOB TITLE

    0316        Coordinator of Special Projects
    0729        Information Coordinator
    2121        District Director (5)
    2123        Assistant Director of Conservation Inspections
    (2)
    0313        Assistant Commissioner
    0379        Director of Administration
    1280        Director of Licensing Registration and Permits
    2122        Director of Conservation Inspections
    2144        Director of Technical Inspections
    2146        Director of Home Owners Assistance Program
    9625        Deputy Commissioner — Inspectional
    Services (2)
    2145        Assistant Director of Technical Services
    1775        Records Administrator (2)
    0305        Assistant to the Director
    0308        Staff Assistant (2)
    0809        Executive Secretary I (3)
    0810        Executive Secretary II
    2120        Asst. to the Commissioner of Inspectional
    Services

LAW

TITLE CODE  JOB TITLE

    1639        First Deputy Corporation Counsel (2)
    1650        Deputy Corporation Counsel (2)
    1652        Chief Assistant Corporation Counsel (6)
    9020        Chief Legal Warrant Officer
    1679        Assistant Director of Legal Investigation (2)
    1680        Director of Legal Investigation
    1641        Senior Attorney — Supervisor (4)
    1644        Administrative Asst. — Corp. Counsel
    0862        Legal Stenographer (5)
    0863        Legal Secretary (2)
    0864        Senior Legal Stenographer (9)

LICENSE APPEAL COMM.

TITLE CODE  JOB TITLE

0308        Staff Assistant

LOCAL LIQUOR CONTROL

TITLE CODE  JOB TITLE

    0303        Administrative Assistant III
    0805        Secretary (2)

OFFICE OF MUNICIPAL INVESTIGATION

TITLE CODE  JOB TITLE

    1253        Assistant Director (3)
    0810        Executive Secretary II
    9650        Executive Director (Office of Municipal
    Investigation)

MUNICIPAL REFERENCE LIBRARY

TITLE CODE  JOB TITLE

    0580        Deputy Municipal Reference Librarian
    0303        Administrative Assistant III
    9640        Municipal Reference Librarian

DEPT. OF NEIGHBORHOODS

TITLE CODE  JOB TITLE

    1432        Dir. — Planning
    3057        Dir. of Program Operations
    9770        First Deputy Commiss. of Neighborhoods
    9860        Deputy Commiss. — HS
    9710        Deputy Commissioner of Neighborhoods (2)
    0342        Director of Administrative & Fiscal Services
    0308        Staff Assistant (5)
    0809        Executive Secretary I (2)
    0810        Executive Secretary II
    1731        Coordinator of Program Services

DEPARTMENT OF PERSONNEL

TITLE CODE  JOB TITLE

    1328        Manager of Records and Information Mangmt.
    Srvrs.
    1331        Employee Relations Supervisor
    3083        Affirmative Action Coordinator
    1375        Deputy Commissioner of Personnel (3)
    9696        First Deputy Commissioner of Personnel
    1317        Manager of Recruitment and Career Counseling
    Service
    1337        Director of Systems and Administration
    0302        Administrative Asst. II
    0386        Asst. to Commissioner of Personnel
    0810        Executive Secretary II (3)
    1333        Employee Relations Coordinator
    1337        Director of Systems and Administration

PLANNING

TITLE CODE  JOB TITLE

    0309        Coordinator of Special Projects (2)
    1304        Supervisor of Personnel Services
    1440        Coordinating Planner II (9)
    1943        Director of Development
    5740        Director of Graphic Arts
    0313        Asst. Commissioner (2)
    9679        Deputy Commissioner (5)
    0809        Executive Secretary I (4)
    0810        Executive Secretary II (2)

POLICE

TITLE CODE  JOB TITLE

    0342        Director of Administrative and Fiscal Service
    0757        Deputy Director of News Affairs
    1108        Data Base Analyst III — Police
    1129        Manager of Police Data Systems
    1130        Manager of Police Operations
    1154        Assistant Director of Data Processing —
    Police
    1731        Coordinator of Program Services (3)
    9756        Executive Assistant
    9781        First Deputy Superintendent
    9782        Deputy Superintendent (5)
    0308        Staff Assistant (5)
    0810        Executive Secretary II (7)
    3370        Medical Director C.P.D.

PUBLIC SAFETY

TITLE CODE  JOB TITLE

    9769        Deputy Director of Public Safety
    9315        Assistant Director of Public Safety
    0810        Executive Secretary II

PURCHASING

TITLE CODE  JOB TITLE

    1554        Assistant Purchasing Agent
    3098        Coordinator of Contract Compliance
    1556        Deputy Purchasing Agent (2)
    0809        Executive Secretary I (2)
    0810        Executive Secretary II

PUBLIC WORKS

TITLE CODE  JOB TITLE

    0388        Manager of Navy Pier
    2928        Supervisor of Project Development
    4549        Assistant Director of Buildings Management
    5904        Administrative Engineer of PW
    5934        Assistant Commissioner of Public Works
    5937        Engineer of Public Works
    5990        Manager of Skyway

    0313        Assistant Commissioner
    0387        Dir. of Staff Services
    5444        Asst. City Architect
    4547        Dir. of Buildings Management
    5657        Chief Construction Engineer
    5921        Asst. Chief Engineer
    5926        City Engineer
    5936        First Deputy Comm. of Public Works
    5938        Deputy Commissioner of Public Works (4)
    6274        Engineer of Traffic Planning
    6275        Engineer of Traffic Operations
    9695        City Architect
    1327        Supervisor of Personnel Administration
    1454        Director of Project Development
    1455        Director of Programming
    4516        General Superintendent of Building Repair
    5635        Right-of-Way Engineer
    5654        Engineer of Construction
    5660        Chief Airport Design Engineer
    5661        Chief Water Design Engineer
    5662        Chief Sewer Design Engineer
    5664        Chief Environ. Design Engineer
    5682        Chief Transportation Engineer
    5683        Chief Transit Engineer
    5961        Supervisor of Project Control
    6277        City Traffic Engineer Planning
    6278        City Traffic Engineer Operations
    0318        Asst. to the Commissioner (3)
    0809        Executive Secretary I (8)
    0810        Executive Secretary II
    0303        Administrative Asst. III

SENIOR CITIZENS

TITLE CODE  JOB TITLE

    3010        Director of Grants Management
    3027        Director — Senior Citizens
    0343        Dir. — Finance and Administration
    2913        Deputy Director — Senior Citizens
    3004        Dir. of Planning — Senior Citizens
    3057        Dir. of Programs Operations
    0305        Asst. to the Director

SEWERS

TITLE CODE  JOB TITLE

    1580        Supervisor of Contracts
    0313        Assistant Commissioner
    5675        Assistant Chief Engineer of Sewers (3)
    5676        Chief Engineer of Sewers
    5978        Assistant to the Commissioner of Sewers
    0303        Administrative Assistant III
    0302        Administrative Assistant II (2)

DEPARTMENT OF STREETS AND SANITATION

TITLE CODE  JOB TITLE

    9680        Deputy Commissioner
    8277        Deputy Commissioner of Streets and Sanitation
    (9)
    8177        Assistant General Superintendent of Sanitation
    (6)
    0313        Assistant Commissioner (4)
    0379        Director of Administration
    5046        Superintendent of Electrical Wiring and
    Communications
    5617        Engineer Bd. of Local Improvements
    7932        General Superintendent of Forestry and
    Parkways
    8179        General Superintendent of Sanitation
    8182        Deputy General Superintendent of Sanitation
    8275        First Deputy Commissioner of Streets and
    Sanitation
    8276        Superintendent of Streets
    8278        First Assistant Commissioner of Streets and
    Sanitation
    8280        Deputy Commissioner of Administration
    Services, SR
    0152        Dir. of Financial Controls
    5047        Supt. of Police/Fire Elec. Communications (3)
    5670        Engineer of Sidewalk Programs
    5678        Engineer of Streets
    5818        Engineer of Electricity
    6073        Engineer of Sanitation
    8289        Dir. of Construction Compliance —
    Streets
    0307        Assistant Commissioner of Streets and
    Sanitation
    1749        Director of Program Services
    5848        Superintendent of Construction
    7924        Assistant General Superintendent of Forestry
    and Parkways
                  (3)
    7932        General Superintendent of Forestry and
    Parkways
    8290        Director of Environmental Services
    0854        Secretary Bd. of Underground Utils.
    8279        Deputy Commissioner For Community Services
    8173        Ward Superintendent (57) to be reduced to 50
    8175        Division Superintendent (5)
    0308        Staff Assistant (3)
    0385        Asst. to the Commissioner of Streets and
    Sanitation (2)
    0809        Executive Secretary I (7)
    0810        Executive Secretary II (2)
    7926        Superintendent of Forestry

DEPT OF WATER

TITLE CODE  JOB TITLE

    5976        Assistant Commissioner of Water (2)
    8375        Assistant Gen. Supt. of Water Distrib. (4)
    1144        Director of Operational and Inform. Services
    5647        Director of Water Quality Surveillance
    0302        Administrative Assistant II (2)
    0303        Administrative Assistant III (2)
    0308        Staff Assistant (2)
    0809        Executive Secretary I (2)
    0810        Executive Secretary II
    5566        Engineer of Water Purification (Mgr. of
    Filtration
                  Plants)
    6087        Engineer of Water Pumping
    0245        Deputy Supt. of Water Collection

    0246        Supt. of Water Collection
    0343        Dir. — Finance and Administration
    5556        Deputy Commiss. of Water Operations
    5688        Engineer of Water Distribution
    5691        Asst. Chief Water Engineer (2)
    5693        Chief Water Engineer
    6556        Superintendent of Water Meters
    9697        First Deputy Commiss. of Water
    9772        Deputy Commissioner of Water Services
    3875        Director of Finance
    5690        Water Engineer (3)

ZONING

TITLE CODE  JOB TITLE

    0810        Executive Secretary II
    1298        Assistant Zoning Administrator

ZONING BOARD OF APPEALS

TITLE CODE  JOB TITLE

    0306        Assistant to the Director
    1297        Chief Zoning Examiner

IMPORTANT NOTICE

TO: ALL EMPLOYEES AND JOB APPLICANTS — CITY OF CHICAGO

On __________, 1983, a Judgment was entered in the United States District Court for the Northern District of Illinois in the case of Michael L. Shakman et al. v. The Democratic Organization of Cook County, etc., No. 69 C 2145. The Judgment was entered upon the consent of the City of Chicago and its Mayor and the plaintiffs, and upon the Court's approval. Copies of the Judgment are available at __________.

Prohibited Activity

The Judgment contains a permanent injunction against the City of Chicago from conditioning, basing or affecting the hiring of any employee (except for certain Exempt Positions) upon any political reason or factor. HIRING MUST NOT BE BASED UPON OR AFFECTED BY THE PROSPECTIVE EMPLOYEE'S POLITICAL AFFILIATION, POLITICAL SUPPORT OR ACTIVITY, POLITICAL FINANCIAL CONTRIBUTION, PROMISES OF SUCH POLITICAL SUPPORT, ACTIVITY OR FINANCIAL CONTRIBUTION. Nor may hiring be based upon or affected by the prospective employee's political sponsorship or recommendation.

Plan

The Judgment also requires the City to adopt, to file with the Court and to implement a Plan of Compliance to ensure that the provisions of the injunction are met.

Applicability

The Judgment applies to the City of Chicago and its Mayor. It also applies to the successors in office to the present Mayor, to all of the agents and employees of the City of Chicago and to all others who receive notice of the Judgment and who are in active concert or participation with any of the other persons to whom it applies.

Violations

VIOLATIONS OF THE JUDGMENT MAY CONSTITUTE CONTEMPT OF COURT AND MAY BE PUNISHABLE BY FINE OR IMPRISONMENT.

Any registered voter is entitled to bring complaints concerning any violations of the Judgment before the United States District Court.

Exempt Positions

The Judgment provides for certain jobs to be exempt from the Judgment. Persons holding an Exempt Position are to be notified of that fact by the City. A list of Exempt Positions may be obtained from __________.

Notice of Job Openings

The Judgment also requires that public notice of the availability of City jobs (other than for Exempt Positions and for certain emergency situations) be given. The method of giving notice is set forth in the Judgment.

No person may be hired for a non-exempt City job, except in the specified emergency situations, unless notice of the job has been given as specified in the Judgment.

Prior Judgment

A previous Consent Judgment in the case, entered in 1972, remains in effect. It prohibits discharging or otherwise affecting or basing any term or aspect of governmental employment with regard to a person once hired upon any political reason or factor. The positions which are exempted from the hiring Judgment as described above are also exempted from the provisions of the Consent Judgment entered in 1972.

Dated __________, 1983.

        ________________________
        Judge of the
        United States District Court

ORDER

Defendants City of Chicago and Harold Washington, individually and as Mayor of the City of Chicago, have moved the Court to enter a Judgment in this case to supplant the Judgment of April 4, 1983 as to them. Plaintiffs have consented to that Motion. The Motion seeks that this Court schedule a hearing on whether to enter the proposed Judgment, and that the Court establish procedures for that hearing, all pursuant to the Federal Rules of Civil Procedure.

IT IS ORDERED THAT:

1. A hearing shall be held at _____ a.m. on __________, 1983, before this Court, for the purpose of determining whether the Court should grant the Motion and enter the proposed Judgment, all as set forth in the Notice of Hearing which is attached to this Order. That form of Notice and the manner of giving the Notice, as provided in this Order, fully comply with the requirements of Rule 23 of the Federal Rules of Civil Procedure as applied to the circumstances in this case.

2. The Notice of Hearing shall be published at least once, prior to __________, 1983, in the Chicago Tribune or the Chicago Sun-Times.

3. The Court finds that extensive and substantial newspaper, television and radio publicity has been given this case, and a prior notice was given as to the entry of the Consent Judgment in 1972.

4. The City of Chicago shall bear the costs of giving the Notice of Hearing.

       NOTICE OF HEARING OF PROPOSED ENTRY OF JUDGMENT IN
                          CLASS ACTION

TO: ALL INDEPENDENT CANDIDATES, VOTERS AND TAXPAYERS OF COOK
  COUNTY, ILLINOIS

Defendants City of Chicago and Harold Washington, individually and as Mayor of the City of Chicago, have filed a Motion with the Court to enter a Judgment as to those defendants to supplant and modify the Judgment entered on April 4, 1983. Plaintiffs Michael L. Shakman and Paul M. Lurie, individually and on behalf of the classes of independent candidates, voters and taxpayers whom they represent in this case, have consented to that Motion and entry of the proposed Judgment. The proposed Judgment would resolve remaining issues in the case between plaintiffs and the City of Chicago and its Mayor. A hearing will be held, as described below, on __________, 1983, at ___ __.m., by the Court to consider whether to grant the Motion and to enter the proposed Judgment. This Notice of Hearing is given pursuant to the Federal Rules of Civil Procedure, including Rule 23, and an Order of this Court.

In this case the plaintiffs have filed their First Amended Complaint, alleging that various defendants, including the City of Chicago and its Mayor, violated plaintiffs' rights by illegally conditioning, basing and affecting the obtaining and maintaining of governmental employment upon political sponsorship, affiliation and support.

The case has been brought by the named plaintiffs in the case on behalf of themselves and the classes of independent candidates, voters and taxpayers in Cook County, Illinois. The Court has approved the maintaining of this case as a class action on behalf of those plaintiff classes.

On May 5, 1972, this Court entered a Consent Judgment with respect to, among others, the City of Chicago and its Mayor, prohibiting the conditioning, basing or affecting any term or aspect of governmental employment (with respect to persons once hired) upon or because of any political reason or factor. That Consent Judgment retained jurisdiction for the parties to continue to litigate the question of whether political sponsorship or other political considerations may be taken into account in hiring employees. It also retained jurisdiction to enable the parties to apply to the Court for further orders and directions for the carrying out of the provisions of the Consent Judgment and to enforce compliance with its provisions, as well as to determine which governmental employment positions should be exempt from its provisions.

On September 24, 1979, this Court granted plaintiffs' Motion for Partial Summary Judgment and entered extensive findings of fact and conclusions of law, finding basically that in hiring persons for governmental employment, various defendants, including the City of Chicago, illegally conditioned, based and affected the hiring of persons for governmental employment upon and because of their political sponsorship, affiliation and support. This Court held an evidentiary hearing and received extensive memoranda with respect to the form of relief to be provided for the violations of plaintiffs' rights as determined by that decision.

On April 4, 1983, the Court entered its judgment providing for relief with respect to the hiring violations. That judgment allows the City to apply for exemptions to the decree and made provision for certain Interim Exemptions. The City of Chicago and its mayor have filed a Notice of Appeal from the Order of April 4, 1983.

If the proposed Judgment is approved by the Court, it would be entered and become effective immediately. The proposed Judgment would supplant the Judgment of April 4, 1983, as regards the City of Chicago and its Mayor. The Appeal of the City of Chicago would then be dismissed by the City of Chicago.

The Proposed Judgment

The proposed Judgment closely follows the provisions of the Judgment of April 4, 1983. It also makes provision for exemptions from its provisions and the provisions of the 1972 Consent Judgment for a number of Exempt Positions.

Prohibited Activity

The proposed Judgment would contain a permanent injunction against the City of Chicago from conditioning, basing or affecting the hiring of any employee (except for Exempt Positions) upon any political reason or factor. Hiring could not be based upon or affected by the prospective employee's political affiliation, political support or activity, political financial contribution, promises of such political support, activity or financial contribution. Nor could hiring be based upon or affected by the prospective employee's political sponsorship or recommendation.

Plan

The proposed Judgment would require the City of Chicago to adopt, to file with the Court and to implement a Plan of Compliance to ensure that the provisions of the Judgment are met.

Applicability

The proposed Judgment would apply to the City of Chicago and its Mayor. It would also apply to the successors in office to the present Mayor, to all of the agents and employees of the City of Chicago and to all others who receive notice of the Judgment and who are in active concert or participation with any of the other persons to whom it applies.

Violations

Any registered voter would be entitled to bring complaints concerning any violations of the proposed Judgment before the United States District Court.

Notices of Job Openings

The proposed Judgment would require that public notice of the availability of City jobs (other than for Exempt Positions and for certain emergency situations) be given.

No person could be hired for a non-exempt City job, except in the specified emergency situations, unless notice of the job has been given as specified in the proposed Judgment.

Exempt Positions

The proposed Judgment provides for certain jobs to be exempt from the Judgment. The Exempt Positions are listed in a Schedule of Exempt Positions and include, among others, the executive heads of City departments, certain employees of the Mayor's Office, employees of the City Council and approximately 800 additional positions. The proposed Judgment also would allow the City of Chicago from time to time, and within certain limits, to change the Schedule of Exempt Positions without increasing the number of Exempt Positions.

Prior Judgment

The previous Consent Judgment in the case, entered in 1972, would remain in effect. The positions which are exempted from the proposed Judgment as described above would also be exempt from the provisions of the Consent Judgment entered in 1972.

Plaintiffs' claims for costs and attorneys' fees have neither been settled nor dismissed but jurisdiction would be retained for further determination by the Court.

Pursuant to an order of the Court, a hearing will be held in Room 2119 of the United States Courthouse, 219 South Dearborn Street, Chicago, Illinois at ___ a.m. on __________, 1983, for the purpose of determining whether the proposed Judgment should be entered by the Court. Any member of any of the plaintiff classes may appear at the hearing with respect to that issue. No such person shall be heard, except by special permission by the Court, unless such person files a statement in writing with the Court prior to 3:00 p.m. on __________, 1983, and showing receipt of copies of the statement by Michael Shakman, 208 South LaSalle Street, Suite 1200, Chicago, Illinois 60604, and James Montgomery, Corporation Counsel, City of Chicago, Room 510, City Hall, Chicago, Illinois 60602. The written statement shall contain, in addition to an explanation of the substance of the statement, the name, address and telephone number of each person filing the statement and of the person's attorney (if any) and also the nature of the person's interest in the case. Any person who does not file the statement in this manner shall be deemed to have waived, and shall be forever foreclosed from making, any objection to the fairness, reasonableness or adequacy of this outcome in the case.

This Notice necessarily contains only a summary of the facts, issues and status of the case. This Notice is not intended as a substitute for an examination of the court record. The court record, including the judgments and all pleadings, orders and other papers filed in the case, may be examined and copies made at the Office of the Clerk of the United States District Court for the Northern District of Illinois, 20th Floor of the United States Courthouse, 219 South Dearborn Street, Chicago, Illinois. Reference is also made to the opinion of the United States Court of Appeals for the Seventh Circuit rendered in this case, Shakman v. Democratic Organization of Cook County, 435 F.2d 267 (1971), and the September 24, 1979 opinion of the District Court in this case at 481 F. Supp. 1315 (1979).

Copies of the proposed Judgment are available from Mr. Shakman or Mr. Montgomery at the addresses listed above.

ORDER RETAINING JURISDICTION AS TO CITY EXEMPTIONS

By its entry of a Judgment on June 20, 1983, in this case, as to the City of Chicago and its Mayor, a number of City jobs have been listed in Part G of a Schedule of Exempt Positions. The Judgment provides, among other things, that discharge of persons holding the jobs so listed is exempt from inquiry under the 1972 consent Judgment in this case.

The Judgment of June 20, 1983, was entered upon the Motion of the City. The plaintiffs consented to that Motion. Notice was given and after a hearing was held, the Court concluded that this resolution of the case was fair, reasonable and adequate with respect to the rights of the plaintiff class.

By this Order, the Court retains jurisdiction to consider petitions requesting, for good cause, that particular positions listed in Part G should be deleted from the Schedule and to give such other relief as may be appropriate. Such petitions may be filed only by persons currently holding a position on the exempt list who shall have been discharged or demoted from, or are notified seven days in advance of the City's intention to discharge or demote them from, the jobs. Any such petition must be filed within ninety days of the City's action.

No action taken with respect to any position while it remains on the Schedule shall be considered contempt of this Court under the 1972 Consent Judgment.

Except in cases of emergency, prior to discharging or demoting any current employee listed on the Part G of the Schedule of exempt positions, the City of Chicago shall give seven days notice to such employee of its intention so to act unless the employee voluntarily waives such notice.

Nothing herein contained shall prevent any city employee listed on Part G from bringing an independent cause of action, either during the three-year period or thereafter, litigating his or her First Amendment rights with respect to discharge, or whether their position shall be exempt from constitutional protections.

A copy of this Order shall be delivered by the City to each employee holding a position listed in Part G.

Jurisdiction retained under this Order shall apply only to petitions filed within three years of this date.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.