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11/16/87 Carol Spinelli v. Lutheran Evangelical

November 16, 1987

CAROL SPINELLI

v.

IMMANUEL LUTHERAN EVANGELICAL CONGREGATION, INC., APPELLEE (NEIL F. HARTIGAN, ATTORNEY GENERAL, STATE OF

KAMRATH, APPELLEE

v.

THE BOARD OF EDUCATION OF SCHOOL DISTRICT 150, PEORIA COUNTY, APPELLEE (NEIL



SUPREME COURT OF ILLINOIS

Illinois, Intervenor-Appellant). -- LAWRENCE E.

F. Hartigan, Attorney

General, State of

Illinois,

Intervenor-Appellant)

Nos. 63802, 64443, 64452

515 N.E.2d 1222, 118 Ill. 2d 389, 113 Ill. Dec. 915

No. 63802. -- Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of McHenry County, the Hon. Michael J. Sullivan, Judge, presiding. Nos. 64443, 64452. -- Appeals from the Circuit Court of Peoria County, the Hon. Richard Eagleton, Judge, presiding. 1987.IL.1695

APPELLATE Judges:

JUSTICE MORAN delivered the opinion of the court. JUSTICE CUNNINGHAM took no part in the consideration or decision of this case.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MORAN

In cause No. 63802, the plaintiff, Carol Spinelli, brought an action in the circuit court of McHenry County to compel the defendant, Immanuel Lutheran Evangelical Congregation, Inc., to disclose certain documents in her personnel file. (Ill. Rev. Stat., 1984 Supp., ch. 48, par. 2012 (since amended, see Ill. Rev. Stat. 1985, ch. 48, pars. 2012(b), (c), effective January 1, 1986).) The circuit court granted plaintiff's motion for summary judgment and ordered defendant to produce the documents for inspection. The appellate court reversed, holding that "An Act to permit employees to review personnel records . . ." (Ill. Rev. Stat., 1984 Supp., ch. 48, pars. 2001 through 2012) (the Act) was unconstitutionally vague. (144 Ill. App. 3d 325, 331-32.) This court allowed the Attorney General leave to intervene and to appeal as a matter of right because a constitutional question arose for the first time in and as a result of the action of the appellate court. (Ill. Const. 1970, art. VI, sec. 4(c); 107 Ill. 2d R. 317.) Spinelli did not file an appellee's brief in this court.

In cause No. 64443 and cause No. 64452, plaintiff, Lawrence E. Kamrath, a tenured public high school teacher, was suspended without pay for five days. He filed an action in the circuit court of Peoria County seeking to invalidate his suspension and to expunge this suspension from his record. Count I of plaintiff's amended complaint alleged that the board of education (the Board) violated the Act by denying his request for certain documents the Board considered in imposing his suspension. Count II alleged that the Board's suspension procedures violated sections

In cause No. 64443, the Attorney General appealed the circuit court's order granting the Board summary judgment on count I directly to this court pursuant to Rule 302(a) (107 Ill. 2d R. 302(a)). In cause No. 64452, we allowed the Board leave to appeal directly to this court from the order granting plaintiff's motion for summary judgment on count II pursuant to ...


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