People ex rel. Casey v. Health and Hospitals Governing Commission

• Decision Date: 14 April 1976
• Docket Number: 61961,Nos. 61960,s. 61960
• Citation: 347 N.E.2d 261,37 Ill.App.3d 1056
• Parties: The PEOPLE of the State of Illinois on the relation of John P. CASEY and John McIntyre, Plaintiffs-Appellees, v. HEALTH & HOSPITALS GOVERNING COMMISSION of Illinois and James Bailey, Director of Personnel, Cook County Hospitals, Defendants-Appellants. The PEOPLE of the State of Illinois on the relation of William J. BAMRICK, Plaintiff-Appellee, v. The MERIT SYSTEM ADVISORY COMMITTEE et al., Defendants-Appellants.
• Court: United States Appellate Court of Illinois

Page 261

347 N.E.2d 261

37 Ill.App.3d 1056

The PEOPLE of the State of Illinois on the relation of John

P. CASEY and John McIntyre, Plaintiffs-Appellees, v. HEALTH & HOSPITALS GOVERNING COMMISSION of Illinois and James Bailey, Director of Personnel, Cook County

Hospitals, Defendants-Appellants.

The PEOPLE of the State of Illinois on the relation of

William J. BAMRICK, Plaintiff-Appellee, v. The MERIT SYSTEM ADVISORY COMMITTEE et al., Defendants-Appellants.

Nos. 61960, 61961.

Appellate Court of Illinois, First District, Fourth Division.

April 14, 1976.

Rehearing Denied May 12, 1976.

Health & Hospitals Governing Commission of Cook County, Dept. of Legal Affairs, for defendants-appellants. William P. Tuggle, Joan M. Pucillo, Gail D. Hasbrouck, Robert C. Samko, Chicago, of counsel.

Richard F. McPartlin, Chicago, for John P. Casey and John McIntyre, plaintiffs-appellees.

John J. Muldoon, Chicago, for William J. Bamrick, plaintiff-appellee.

ADESKO, Justice:

This is a consolidated appeal from the entry of two orders each of which directed a writ of Mandamus to issue. They commanded defendants to restore relators to their former, respective positions with two hospitals which are under the jurisdiction of the Health & Hospitals Governing Commission of Cook County.

The only issue presented Sub judice is whether the complaints for Mandamus were barred by Laches.

We affirm.

Relators, John P. Casey and John McIntyre, in their complaint for Mandamus, alleged the following:

They were employed as firemen-oilers at Oak Forest Hospital in 1968. Oak Forest Hospital is under the jurisdiction of the Health & Hospitals Governing Commission of Cook County (the Commission). Both relators had acquired career status within the Commission's merit system. As career employees, neither could be discharged, demoted, or suspended for a period of more than 30 days except for cause and upon written charges pursuant to section 16 of the County Hospitals Governing Commission Act (Ill.Rev.Stat.1971, ch. 34, par. 5026). On February 15, 1972, the Commission adopted a resolution establishing a compulsory retirement program for all of its employees. On December 29, 1972, John P. Casey was summarily separated and retired from his employment by defendants. John McIntyre was summarily separated and retired on December 31, 1972. Both were terminated without cause and without a hearing or the filing of written charges pursuant to the resolution. On August 15, 1974, the opinion in Sibley v. Health & Hosp. Governing Com. (1974), 22 Ill.App.3d 632, 317 N.E.2d 642, was filed by this court. In Sibley we held that 'since the Act in question neither fixed a compulsory retirement because of age nor expressly delegated such authority to the Commission, the trial judges correctly determined that the Commission was without authority to adopt a valid resolution with reference to compulsory retirement by reasons of age.' (22 Ill.App.3d at 637, 317 N.E.2d at 645.) On November 6, 1974, Casey and McIntyre served notice and demand for reinstatement upon defendants. Shortly thereafter, Casey and McIntyre filed their complaint on November 26, 1974, for a writ of Mandamus to issue directing defendants to reinstate them with full seniority and back pay. Defendants responded by filing a motion to strike and dismiss the complaint for Mandamus on the grounds that the action was not timely brought.

Relator, William Bamrick, was certified and appointed in the classified service of Cook County Hospital as a fireman's helper. On December 31, 1972, he was separated from his employment by defendants pursuant to the Commission's mandatory retirement rule. On August 15, 1974, the Illinois Appellate court, in Sibley v. Health & Hosp. Governing Com. (1974), 22 Ill.App.3d 632, 317 N.E.2d 642, declared the resolution adopting the mandatory retirement rule to be invalid and of no effect. On November 26, 1974, Bamrick filed his complaint for a writ of Mandamus to issue directing defendants to reinstate him to his former position with full back pay. Defendants responded to relator's complaint with a motion to strike and dismiss on the grounds that the suit was not timely brought.

On February 27, 1975, after hearing arguments of counsel, the trial judge denied both motions to strike and dismiss. Defendants elected to stand on their motions. The trial judge then ordered two writs of Mandamus to issue: one on behalf of John P. Casey and John McIntyre, and the other on behalf of William Bamrick.

Defendants contend that relator's right to reinstatement by way of Mandamus was lost by the delay of 23 months in bringing their actions. Relators counter that they acted reasonably in delaying the filing of their suits until the determination of a similar suit, namely Sibley.

In People ex rel. Fleming v. Conlisk (1973), 11 Ill.App.3d 520, 299 N.E.2d 537, the following concise but thorough statement concerning the doctrine of Laches appears, 11 Ill.App.3d at page 523, 299 N.E.2d at page 539:

'Laches is neglect for an unreasonable and unexplained length of time when the circumstances permit the doing of that which in law should have been done. See Selsor v. Shelby (Mo.App.1966), 401 S.W.2d 169; Hanns v. Hanns (1967), 246 Or. 282, 423 P.2d 499; 30 A C.J.S. Equity § 112. It is said that Laches is inexcusable delay in asserting a right. See Cory v. City of Hillsboro, 205 Ill.App. 49; Lulay v. Lylay (1967), 247 Or. 497, 429 P.2d 802. The doctrine of Laches applies to Mandamus proceedings. (People ex rel. Ballinger v. O'Connor, 13 Ill.App.2d 317, 142 N.E.2d 144.) The period of six months has been established as the time within which a complaint for...