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SHANAHAN v. CITY OF CHICAGO

February 13, 1995

MICHAEL SHANAHAN, Plaintiff,
v.
CITY OF CHICAGO, RICHARD M. DALEY, Mayor, both individually and in his official capacity as Mayor, RAYMOND OROZCO, both individually and in his official capacity as Fire Commissioner, and WILLIAM ALLETTO, Defendants.



The opinion of the court was delivered by: CHARLES RONALD NORGLE, SR.

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is Defendants' motion for summary judgment. For the following reasons, the motion is granted.

 FACTS1

 Plaintiff Michael Shanahan brought this action pursuant to 42 U.S.C. § 1983 and the consent decree entered in Shakman v. Democratic Org. of Cook County, 481 F. Supp. 1315, 1356-59 (N.D. Ill. 1979) ("Shakman decree") alleging that he was demoted in violation of the First and Fourteenth Amendments and the Shakman decree. Shanahan contends that he was demoted because he refused to hire machinists who were allegedly political supporters of Mayor Richard M. Daley. The court has jurisdiction under 28 U.S.C. §§ 1331 and 1343.

 Defendant City of Chicago (the "City") is a municipal corporation and Defendant Richard M. Daley ("Daley") is its Mayor. Defendant Raymond Orozco ("Orozco") is the Fire Commissioner of the Chicago Fire Department ("CFD"). Defendant William Alletto ("Alletto") is the Deputy Fire Commissioner of the CFD. Alletto overseas the Bureau of Support Services, which includes the Division of Apparatus Maintenance, Repair, and Supply.

 The City hired Plaintiff Michael Shanahan ("Shanahan") as a Fire Fighter in December 1965. He was promoted to Lieutenant in 1980 and appointed Director of Apparatus Maintenance, Repair, and Supply ("Director") in March 1983. To accept this position, Shanahan took a leave of absence from his career service position as a Lieutenant. As Director, Shanahan was head of the Fire Department's central equipment repair facility (the "Shops"). He supervised over one hundred employees, both uniformed and civilian. The civilian employees included workers of various trades such as machinists, carpenters, blacksmiths, electricians, and clerical staff. However, he did not have the final authority to hire employees, but merely recommended to the Commissioner applicants he thought should be hired. Shanahan Aff. P 15. It is clear that Shanahan did not have decision making authority on hiring. The fact that his recommendations had been routinely accepted in the past is meaningless. Thus, the demands of his superiors to hire the applicants were in actuality demands to perform the ministerial tasks required to do so. While he was Director, Shanahan reported to the Alletto, and Alletto reported to Orozco.

 In 1990, there were job openings for machinists at the Shops. Kenneth Estrella ("Estrella"), Joseph DeLira ("DeLira"), and Stanislaw Slodyczka ("Slodyczka") saw union bid announcements for the positions posted and applied for the positions. All three men were employed by the City Department of General Services as automotive machinists and were members of Local 126 Machinists Union ("Local 126" or the "Union"). After filling out and submitting bid applications describing their training and experience, the City's Department of Personnel determined that the three men were eligible for the vacancies.

 Shanahan did not recommend that Estrella, DeLira, and Slodyczka be hired because he thought that they were not qualified. In May 1990, they filed grievances with Local 126. Tom Faul ("Faul"), a Union official, brought the grievances to the attention of the Director of Labor Relations for the City Department of Personnel, Joan Cole. She investigated the grievances and determined that they were meritorious. *fn2" In addition, the Union also brought them to the attention of Michael Broderick ("Broderick"), who was then the Assistant Director of Intergovernmental Affairs.

 In June 1990, Shanahan met with Broderick and John Doerrer, the Director of Employment Relations with the Department of Personnel. Defendants contend that at that meeting Broderick informed Shanahan that under the collective bargaining agreement, the three grievants should be hired. Shanahan contends that he was not informed of the grievances at the meeting. The parties agree that at the meeting Broderick told Shanahan that he should inform Broderick of openings at the Shops and that Broderick would give him the names of persons who should be placed in the open positions.

 After the meeting, Shanahan told Orozco what Broderick had said to him. Orozco told Shanahan that he should continue running the Shops as he had in the past and let Orozco take care of any problems with Broderick. In September 1990, Broderick called Shanahan and instructed him to hire Estrella, DeLira, and Slodyczka for the positions that were still open. Shanahan refused.

 Early in January 1991, the Union posted notices of vacancies for mechanics at the Shops. Estrella, DeLira, and Slodyczka were hired. Twelve other bids were posted for the positions, all were members of Local 126.

 The only persons Shanahan claims were referred to him for hire based on their political loyalty to Daley are Estrella, DeLira, and Slodyczka. Neither Estrella nor Slodyczka was involved in any way with Daley's election campaigns. Neither has ever been involved in any political campaigns nor ever engaged in any political activities other than voting. In addition, DeLira was not involved Daley's election campaign and has not engaged in any political activity since 1983. Neither ...


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