Appeal from the Circuit Court of McHenry County. No. 98-CH-435
The opinion of the court was delivered by: Justice Thomas
Honorable Terrence J. Brady, Judge, Presiding.
JUSTICE THOMAS delivered the opinion of the court:
The plaintiff, Brenda Goodwin, filed this complaint for declaratory and injunctive relief against the defendants, the McHenry County Sheriff's Office Merit Commission (the Commission) and Keith Nygren, as Sheriff of McHenry County (the Sheriff), seeking to enjoin the Commission from hearing disciplinary charges brought against Goodwin by the Sheriff. The plaintiff also filed a motion for a preliminary injunction seeking the same relief. Without conducting an evidentiary hearing, the trial court entered an order prohibiting the Merit Commission from conducting proceedings on the Sheriff's disciplinary charges against Goodwin until further order of the court. Thereafter, the trial court denied the defendants' motion for reconsideration and ordered that its stay over the Merit Commission proceeding would remain in effect until the Disposition of the criminal case pending against Goodwin. The Sheriff appeals from that ruling.
The record reveals that on August 20, 1998, the Sheriff filed disciplinary charges with the Merit Commission against Goodwin seeking her removal from merited employment for engaging in misconduct. Specifically, it was alleged that she falsified Sheriff's office vacation records for the pecuniary benefit of a co-employee. The Sheriff also represented that Goodwin was indicted in a criminal case for felony theft charges in connection with the incident.
On October 2, 1998, Goodwin filed a complaint for declaratory and injunctive relief in the circuit court of McHenry County seeking to temporarily and permanently enjoin the Merit Commission from addressing the disciplinary charges filed against her by the Sheriff. The complaint alleged that proceedings before the Merit Commission would violate her due process rights to a fair and impartial tribunal. Specifically, Goodwin stated that in 1996 she filed a lawsuit against McHenry County, the Sheriff, and the Merit Commission in connection with their denying her a promotional opportunity. According to Goodwin, attorney James Harrison represented McHenry County in the 1996 case and now represents the Sheriff in the present case; attorney Bruce Beal represented the Sheriff in the 1996 case and now represents the Sheriff and the Merit Commission in the present case. Goodwin further stated in her complaint seeking to enjoin the disciplinary charges that the Merit Commission had an interest in her termination because it stood to reduce her damages for lost future wages in the 1996 case. Goodwin also alleged that the Merit Commission would profit from her termination because it could then question her standing to enforce her rights under the Sheriff's Merit System Law (55 ILCS 5/3--8001 et seq. (West 1996)).
On October 26, 1998, Goodwin filed a motion before the Merit Commission asking the Merit Commission not to take any action on the disciplinary charges. She alleged that attorney William Caldwell, a special assistant State's Attorney, was retained by the Merit Commission to advise the Commission in the disciplinary proceeding and that he represented the Merit Commission in the 1996 case. She also reiterated her claim that the Merit Commission could not conduct a hearing without violating her due process rights because the 1996 case was still pending and the Merit Commission's interests were adverse to Goodwin's interests. The Merit Commission subsequently denied Goodwin's motion and set the case for hearing for December 2, 1998.
On November 20, 1998, Goodwin filed a motion in the circuit court of McHenry County for a preliminary injunction. The motion did not contain a specific prayer for relief, but, in essence, it sought an order enjoining the Merit Commission from proceeding with the disciplinary hearing scheduled for December 2, 1998. On November 23, 1998, the trial court entered an order prohibiting the Merit Commission from conducting any further proceedings on the charges filed against Goodwin until further order of the court. The trial court also gave the defendants 21 days to file a response to Goodwin's motion.
Thereafter, the Sheriff filed a motion requesting the trial court to reconsider its November 23, 1998, ruling. On December 10, 1998, the trial court entered an order denying the Sheriff's motion to reconsider. The trial court further ruled that its stay of the Merit Commission proceeding would remain in effect until the Disposition of the criminal case pending against Goodwin. The trial court clarified that its November 23, 1998, order was not based on Goodwin's procedural due process argument. Rather, the court noted that it was staying the proceedings because a stay of all pending civil and administrative matters was appropriate until the criminal case was resolved. The trial court further noted that its ruling was being entered "without prejudice" to allow either party to address, following the Conclusion of the criminal case, the issues raised in Goodwin's complaint to enjoin the administrative proceeding.
On appeal, the Sheriff argues that the circuit court abused its discretion when it enjoined the evidentiary hearings before the Merit Commission until the Disposition of the criminal case. The Sheriff contends that Goodwin failed to exhaust her administrative remedies and that she cannot seek judicial review until the Merit Commission renders a final decision. The Sheriff also contends that Goodwin failed to demonstrate that the requirements for a preliminary injunction existed.
In response, Goodwin argues that this appeal is moot because only the Sheriff and not the Merit Commission appealed from the circuit court's ruling. Goodwin further argues that the circuit court properly stayed the case until after the Disposition of the criminal case, citing People ex rel. Hartigan v. Kafka & Sons Building & Supply Co., 252 Ill. App. 3d 115 (1993), and 10-Dix Building Corp. v. McDannel, 134 Ill. App. 3d 664 (1985). Additionally, Goodwin contends that, although the trial court did not reach the merits of her due process claim, the trial court's decision granting a stay in this case was proper because her due process rights in fact would be violated if the disciplinary charges were allowed to proceed before the Merit Commission, which she claims is not an impartial tribunal.
We first address Goodwin's contention that this appeal is moot because the Merit Commission did not appeal. Initially, we note that Goodwin has failed to cite any authority in support of her claim, and we find her argument to be without merit. We find that the Sheriff was named as a defendant in the circuit court, was properly made a party of record, and has standing to appeal. See Cuny v. Annunzio, 411 Ill. 613, 617 (1952); Wm. Aupperle & Sons, Inc. v. American National Bank & Trust Co., 62 Ill. App. 3d 842, 846 (1978). The trial court's ruling granting the stay was clearly adverse to the Sheriff's interests. During the pendency of this proceeding, Goodwin has been suspended with pay. Under the circumstances, the Sheriff has a strong governmental interest in timely resolving the disciplinary charges. On the other hand, the Merit Commission's role in this case is simply that of an administrative tribunal, and thus it does not have a stake in the outcome similar to that of the Sheriff. Under these circumstances, we find no merit to Goodwin's mootness argument.
We next address the issue of whether Goodwin's complaint for injunctive relief in the circuit court was barred by the exhaustion of administrative remedies doctrine.
Generally, where administrative remedies are available, they must be exhausted before the resort to judicial review in the circuit court. Ellison v. Kane County Sheriff's Office Merit Comm'n, 108 Ill. App. 3d 1065, 1067 (1982). The purposes of requiring the exhaustion of remedies are to allow the administrative agency to fully develop and consider the facts of the cause before it; to allow the agency to utilize its expertise; to allow the aggrieved party to ultimately succeed before the agency, making judicial review unnecessary; to help protect agency processes from impairment and avoidable interruptions; to allow the agency to correct its own errors; and to conserve valuable judicial time by avoiding piecemeal appeals. Casteneda v. Illinois Human Rights Comm'n, 132 Ill. 2d 304, 308 (1989). While strict compliance with the doctrine is generally required, several exceptions are recognized. Castaneda, 132 Ill. 2d at 308. An aggrieved party may seek judicial review of an administrative decision without complying with the exhaustion of remedies doctrine where a statute or ordinance or rule is attacked as unconstitutional on its face, where multiple administrative remedies exist and at least one is exhausted, where the ...