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Little v. Civil Service Com.

OPINION FILED MARCH 25, 1985.

ALEXANDRE LITTLE, PLAINTIFF-APPELLANT,

v.

THE CIVIL SERVICE COMMISSION ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Sangamon County; the Hon. Jerry S. Rhodes, Judge, presiding.

JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

This male employee is charged with atrocious and odious acts of sexual harassment of female employees.

Yet — he was denied a hearing!

That is simply not fair.

We reverse and remand.

Alexandre Little was discharged without a hearing from his employment with the Governor's Office of Manpower and Human Development. The discharge was based on allegations that plaintiff sexually harassed several female employees.

The Civil Service Commission dismissed Little's appeal from the discharge and the circuit court of Sangamon County affirmed the dismissal. Little has brought the present appeal from the order of the circuit court affirming the dismissal of his appeal to the Civil Service Commission.

FACTS

Little became employed as a manpower planning specialist with the Governor's Office of Manpower and Human Development on April 17, 1978. He received a six-month probationary appointment on May 1, 1978.

On October 1, 1978, five months after Little's probationary appointment as manpower planning specialist, he was appointed to an executive V position. This position was within the State Economic Opportunity Office (SEOO), a division of the Governor's Office of Manpower and Human Development. At the time of Little's appointment to the executive V position, both the Department of Personnel and the Civil Service Commission treated all positions within the SEOO as exempt from the Personnel Code (Ill. Rev. Stat. 1979, ch. 127, par. 63b101 et seq.). Because the executive V position was exempt, Little was required by the personnel rules to take a leave of absence from his position as manpower planning specialist.

On November 1, 1978, six months after Little had received his probationary appointment as manpower planning specialist, he was notified by the Department of Personnel of his certification in that position. His employment file with the Department reflects that he received certification as a manpower planning specialist on November 1, 1978.

On January 1, 1979, the Civil Service Commission, pursuant to section 4b of the Personnel Code (Ill. Rev. Stat. 1979, ch. 127, par. 63b104b), extended jurisdiction A, B, and C of the Personnel Code to all employees within the SEOO. After jurisdiction was extended to this office, Little was told by an employee of the Department of Personnel that he could not simultaneously hold two positions which were both subject to the Personnel Code. Acting on this information, Little resigned from his job as manpower planning specialist.

Also on January 1, 1979, Little received a provisional appointment as an executive V. He took a qualifying examination for this position on March 28, 1979, and thereafter received notice stating that a six-month probationary period would begin April 1, 1979.

Little was discharged on September 27, 1979, four days before the end of his six-month probationary period as an executive V. The Civil Service Commission dismissed Little's appeal from the discharge after finding that he was not properly certified and, therefore, the Commission had no jurisdiction to hear the appeal. Little filed a complaint for administrative review in the court below. That court found that the Commission's decision was ...


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