The opinion of the court was delivered by: Bua, District Judge.
The above-captioned matter came before the Court for trial on
the merits of plaintiff Peter J. Vrdolyak's Verified Complaint
for violation of the provisions of this Court's consent decree
entered on May 5, 1972, the terms of which, inter alia,
permanently enjoin the City of Chicago and its Mayor from:
conditioning, basing, or knowingly prejudicing or
affecting any term or aspect of governmental
employment, with respect to one who is at the time
already a governmental employee upon or because of
any political reason or factor.
Shakman v. Democratic Organization of Cook County, No. 69 C 2145,
reprinted at, 481 F. Supp. 1315, 1356 app. (N.D.Ill. 1979) ("1972
Consent Decree"). The Court, having heard testimony on November
14, 1983, June 12, 1984, and June 14, 1984, and having reviewed
exhibits and memoranda filed by the parties, does hereby enter
findings of fact and conclusions of law pursuant to Rule 52(a) of
the Federal Rules of Civil Procedure.
1. Peter J. Vrdolyak ("Vrdolyak") is a resident, registered
voter and taxpayer in Chicago, Illinois. Vrdolyak has been
employed by the City of Chicago for over eight years and has
served as Assistant Director of Technical Inspections in the
Department of Inspectional Services from January 1, 1981, to
November 9, 1983. After this Court entered and continued a
temporary restraining order and preliminary injunction on
November 14, 1983, to enjoin defendants from terminating
Vrdolyak, Vrdolyak has remained employed in his job title with
the City of Chicago until the present time.
2. Defendant City of Chicago ("the City") is an Illinois
3. Defendant Harold Washington ("Washington") is the Mayor of
the City of Chicago.
4. Defendant Charles A. Pounian ("Pounian") is the Commissioner
of the Department of Personnel for the City of Chicago.
5. Defendant Harry L. Manley ("Manley") is the Acting
Commissioner of the Department of Inspectional Services for the
City of Chicago.
B. Applicable Provisions of the Shakman Consent Decree
6. On May 5, 1972, a Consent Decree was entered in the case
entitled Shakman v. Democratic Organization of Cook County, No.
69 C 2145 (N.D.Ill. 1972). Pursuant to Paragraph E(1) of 1972
E. Each and all of the defendants and others are
permanently enjoined from directly or indirectly in
whole or in part:
(1) Conditioning, basing or knowingly prejudicing
or affecting any term or aspect of governmental
employment with respect to one who is at the time
already a government employee upon or because of
any political reason or factor.
7. On June 20, 1983, a Consent Decree entitled "Judgment as to
the City of Chicago and its Mayor" was entered in Shakman under
which there were listed at Schedule G certain positions with the
City of Chicago which were to be exempt from the requirements of
Paragraph E(1) of the 1972 Consent Decree. Vrdolyak's position is
listed as exempt on Schedule G.
8. Also on June 20, 1983, a Consent Decree entitled, "Order
Retaining Jurisdiction as to City Exemptions," was entered under
which this Court retained jurisdiction to allow City employees
holding exempt positions under Schedule G to file petitions to
contest the scheduling of their positions as exempt:
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.
9. The injunctive provisions of the Shakman Consent Decrees are
applicable to and binding upon defendants Washington, Pounian and
Manley who, in their respective positions as Mayor, Commissioner
of the Department of Personnel and Acting Commissioner of the
Department of Inspectional Services of the City of Chicago, hold
responsibility for formulating and implementing employment
policies and practices for the City of Chicago.
C. Organization of the Department of Inspectional Services
(1) Boiler Inspection Section;
(2) Construction Inspection Section;
(3) Electrical Inspection Section;
(4) Elevator Inspection Section;
(5) Iron Inspection Section;
(6) Mechanical Equipment Inspection Section; and
(7) Plumbing Inspection Section.
11. The chain of command relevant to Vrdolyak's position begins
with the Mayor of the City of Chicago. Below the Mayor is the
Commissioner of the Department of Inspectional Services, a
cabinet level position.*fn1 Below the Commissioner are two
Deputy Commissioners.*fn2 Also reporting to the Commissioner and
subordinate to the Deputy Commissioners is an Assistant
12. Reporting directly to the Deputy Commissioners are the
Directors of the four Bureaus. Since January, 1980, James Brick
has been employed as director of the Bureau of Technical
Inspections. Vrdolyak, as Assistant Director, reports to James
Brick. Below Vrdolyak are the chiefs of the seven inspection
sections. In addition to the chiefs, there are assistant chiefs
and superintendents, depending on the section. ...