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04/19/95 WILLIAM JAGIELNIK v. BOARD TRUSTEES POLICE

April 19, 1995

WILLIAM JAGIELNIK, PLAINTIFF-APPELLEE,
v.
BOARD OF TRUSTEES OF THE POLICE PENSION FUND OF THE VILLAGE OF MUNDELEIN; THE VILLAGE OF MUNDELEIN, WALLACE E. FRASIER, FORMER CHIEF OF POLICE OF THE VILLAGE OF MUNDELEIN; AND RAYMOND J. ROSE, CURRENT CHIEF OF POLICE OF THE VILLAGE OF MUNDELEIN, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Lake County. No. 93-MR-153. Honorable Jack Hoogasian, Judge, Presiding.

Released for Publication May 23, 1995.

The Honorable Justice Thomas delivered the opinion of the court: Inglis and Rathje, JJ., concur.

The opinion of the court was delivered by: Thomas

JUSTICE THOMAS delivered the opinion of the court:

The defendants, Board of Trustees of the Police Pension Fund of the Village of Mundelein (Pension Board), the Village of Mundelein, Wallace Frasier, and Raymond Rose, appeal from an administrative review order of the circuit court of Lake County reversing a ruling of the Pension Board which denied the petition of the plaintiff, William Jagielnik, for a not-on-duty disability pension. We reverse.

The record reveals the relevant facts to be as follows. On May 30, 1989, the plaintiff filed with the Pension Board a petition for a 50% not-on-duty disability pension as provided for in section 3-114.2 of the Illinois Pension Code (Code) (40 ILCS 5/3-114.2 (West 1992)). At the time he filed the petition, the plaintiff was a police officer with the Mundelein police department and had charges of misconduct pending against him before the Mundelein board of fire and police commissioners, and criminal charges pending against him in the circuit court of Lake County, Illinois.

The charges before the board of fire and police commissioners alleged that the plaintiff, while in uniform and on duty, committed various offenses against a young woman, J.M., in February, March, and April 1989. Allegedly, the plaintiff grabbed J.M.'s breasts on one occasion and made lewd and suggestive remarks to her on several occasions. Also, allegedly, the plaintiff ordered J.M. to meet him at a specific time and place and be friendly with him or he would cause her problems with the Village of Mundelein and cause traffic citations to be issued against her. The board of fire and police commissioners did not hear the matter because the plaintiff resigned as a police officer on June 2, 1989.

The criminal charges pending before the circuit court of Lake County, Illinois, involved the same conduct as the charges before the board of fire and police commissioners. Pursuant to a negotiated plea agreement, the State's Attorney nol-prossed two felony counts against the plaintiff, and the court found the plaintiff guilty only of the remaining count, a misdemeanor battery.

Along with his petition to the Pension Board for a disability pension, the plaintiff submitted a written report dated May 27, 1989, from Dr. Marlene E. Casiano, a psychiatrist. Dr. Casiano stated that the plaintiff was suffering from severe symptoms of depression and that "the precipitant for his severe depressive reaction was his being accused of making sexual advances to a woman at a grocery store."

At the request of the Pension Board, three other psychiatrists examined the plaintiff. All three were of the opinion that the plaintiff was mentally disabled for service as a police officer and that his disability was the consequence of being accused of making sexual advances to a woman at a grocery store and the events which followed. The three psychiatrists also stated that the plaintiff had no history of a prior mental illness nor was there any evidence that he might have had a prior mental illness.

The Pension Board set the matter for a public hearing on September 14, 1989. Following a continuance, the Pension Board convened on October 17, 1989, and the plaintiff moved for a further continuance and to bar the hearing altogether. The Pension Board granted the request for a further continuance, but denied the plaintiff's motion to bar the hearing in its interim ruling dated December 12, 1989, and prepared to proceed with a hearing. On January 16, 1990, the plaintiff filed a complaint for administrative review of the Pension Board's December 12, 1989, interim ruling. The trial court dismissed the complaint, having concluded that the Pension Board's interim ruling was not a final order which terminated the proceedings before the Board. The plaintiff appealed the dismissal of the complaint to this court, which affirmed the dismissal. See Jagielnik v. Board of Trustees of Police Pension Fund (1991), 211 Ill. App. 3d 26, 155 Ill. Dec. 682, 569 N.E.2d 1293.

The hearing on the petition occurred on October 20, 1992. The parties jointly requested that the Pension Board receive into evidence the medical reports of Dr. Alan N. Miller, dated June 29, 1989; Dr. R. de la Torre, dated July 17, 1989; and Dr. John R. Curns, dated July 20, 1989. The parties stipulated that, if called as witnesses, the doctors would testify to the matters contained in the reports. The reports were received into evidence.

The plaintiff's attorney advised the Pension Board that the plaintiff was not present at the hearing because of stress and informed the Board that the plaintiff would not be offering any evidence. Defendant Raymond Rose, the Mundelein police chief, produced three witnesses: J.M.; Keith Kalodimos, a Mundelein police officer; and defendant Wallace Frasier, the former Mundelein police chief.

J.M. testified that, in February 1989, she was 19 years of age and was employed at the White Hen Pantry, in Mundelein. One evening toward the end of February 1989, the plaintiff came into the White Hen Pantry. J.M. was alone in the store and permitted the plaintiff to use the telephone at his request. When he passed her on the way to the telephone, he grabbed her breasts. J.M. was shocked, upset, and scared. As time went on, the plaintiff came into the White Hen Pantry more frequently. J.M. did not feel comfortable ...


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