Allen v. Martin

• Decision Date: 22 August 2006
• Docket Number: No. 05-2026.,05-2026.
• Citation: 460 F.3d 939
• Parties: James T. ALLEN, Plaintiff-Appellant, v. Timothy W. MARTIN, Brian Piersma and Robert Millette, Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

460 F.3d 939

James T. ALLEN, Plaintiff-Appellant, v. Timothy W. MARTIN, Brian Piersma and Robert Millette, Defendants-Appellees.

No. 05-2026.

United States Court of Appeals, Seventh Circuit.

Argued February 21, 2006.

Decided August 22, 2006.

John Edward Kerley (argued), Kerley & Associates, Springfield, IL, for Plaintiff-Appellant.

Erik G. Light (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellees.

Before BAUER, KANNE, and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

James T. Allen was fired from his position as the Bureau Chief of Accounting and Auditing for the Illinois Department of Transportation (IDOT) in April 2003; less than three months after Rod Blagojevich, a Democrat, replaced George Ryan, a Republican, as Governor of the State of Illinois. Allen brought suit against the defendants, employees of the IDOT, under 42 U.S.C. § 1983, alleging violations of his First Amendment right to political affiliation and his Fourteenth Amendment right to due process. The defendants filed a motion for judgment on the pleadings, FED. R. CIV. P. 12(c). Treating the motion as one for summary judgment, FED. R. CIV P. 56(c), the district court first granted the parties time to file additional materials, and then granted judgment for the defendants after finding that political affiliation was an appropriate hiring criterion for the position. We affirm.

I. Background

The IDOT is responsible for the state's vast transportation system. In tending to this responsibility, the Department expends both state and federal funds on roads, airports, railways, and mass transportation. The proposed budget for fiscal year 2006 was $7.8 billion.¹ To manage these funds, the IDOT has an Office of Finance and Administration that is responsible for "developing and administering the Department's . . . budget, . . . [and] providing accounting and auditing functions to ensure sound fiscal management. . . ." 2 Ill. Adm.Code 1225.230.

The Office is divided into seven Bureaus, one of which is Accounting and Auditing. 1225.230(a). Accounting and Auditing is responsible for providing general accounting and audit services, including "general cost accounting; recommendations on internal financial policies, procedures and control; management of Federal billing; and internal/external auditing." Id. It was this Bureau over which Allen served as Chief.

According to the official IDOT position description, the Bureau Chief of Accounting and Auditing, titled Technical Manager VIII, is accountable for "planning, organizing and directing accounting activities department-wide, establishing fiscal control procedures, administering all business services and keeping management informed of potential problems in expenditures or fiscal agreements." Defendants' Br. at A2. The Bureau Chief reports to the Director of Finance and Administration and supervises five employees directly and ninety-five employees indirectly. The five employees reporting directly to the position are the "Section Chiefs of Accounts and Finance, Project Control, Audits, Business Services and a Secretary." Id.

The job description explains that "[i]n light of the magnitude and complexities of transportation programs, this position is accountable for developing and maintaining all records, procedures, and systems to support the Department's fiscal accounting activities." Id. The major challenges for the job include the need to "reconcile financial record problems between the Department and the State Comptroller; . . . review proposed third party agreements and recommend changes as necessary in agreement content; and . . . [respond] to inquiries from legislators on funds expended in their legislative districts through coordination with the Bureau of Legislation." Id.

To accomplish these goals, the Bureau Chief manages four primary subordinates. The Chief of Accounts and Finance, with 40 full-time employees, is responsible for maintaining the ledgers, accounts receivable and payable, and preparing financial statements. Id. at 3. The Chief of Audits, with 23 full-time employees, is responsible for formulating overall audit policies and procedures, evaluating IDOT internal controls and procedures, determining the reliability of accounting and other IDOT data, conducting special examinations, and coordinating "reciprocal or courtesy audit arrangements with other states and Federal Highway Administration officials." Id. The Chief of Project Control, with 12 full-time employees, tracks the status of all federally aided programs. Id. The Chief of Business Services, with 16 full-time employees, oversees central purchasing, equipment inventory, real estate leases, capital improvements, and budget and accounting for the Bureau. Id.

The job description further details that the Bureau Chief is responsible for developing and controlling the Bureau's operating budget and recommending the budget to the Director for final approval. These decisions are constrained by "[s]tate and [f]ederal regulations, Departmental rules and regulations, and the general goals and objectives established by the Secretary." Id. But not all of the Bureau Chief's responsibilities are internal. The Chief interacts with other Bureaus and agencies within the IDOT and has contacts outside of the Department. Id. at A4. Included in the latter group are the "Auditor General and Legislative Audit Commission on Departmental audits [and] other State Highway or Transportation Departments on transportation related matters, particularly the fiscal or financial aspects." Id.

Lastly, the job description reemphasizes the position's ten principal accountabilities. The three most relevant points for our review today being the need to: "[d]evelop and maintain a financial management reporting system;" "[d]evelop and maintain fiscal accounting and reporting procedures;" and "[p]erform procedural audits and surveys on both an internal and external basis." Id.

Allen was hired into this position on December 13, 2002. On January 13, 2003, Rod Blagojevich, a Democrat, replaced the outgoing Republican governor, George Ryan. Allen was then fired on April 2, 2003.

On April 13, 2004, Allen filed his initial complaint alleging the violation of his First and Fourteenth Amendment rights by Martin and the IDOT. His amended complaint, naming the current defendants, was filed on August 20. On September 3, the defendants filed their Motion for Judgment on the Pleadings, FED. R. CIV. P. 12(c). This filing, however, relied on evidence not contained in the pleadings, and on October 26, the district court converted it into one for summary judgment.

The court initially gave the parties until November 16, 2004, to file any additional materials made necessary by the conversion of the motion to summary judgment. On November 10, Allen filed a Motion for Extension of Time to File, praying for a new deadline of November 30. The district court granted this motion. On November 30, however, Allen filed another motion for additional time. Attached to this filing was his affidavit describing his responsibilities as Bureau Chief of Accounting and Auditing.

Allen's affidavit describing his duties as actually performed primarily tracks his job description. He claims not to have directly reported to the Director of the Office of Finance and Administration; but instead to the two Deputy Directors. Otherwise, he acknowledged responsibility over the areas of accounts and finance, audits, business services, and project control. In accounts and finance, he stated that he "basically paid bills and then input information." Plaintiff's Br. at App. 64. For audits, Allen noted that he was responsible for the internal and external audit of employees and contractors, but maintained that he did not set guidelines or accepted procedures. Business services primarily dealt with purchases, and his actions were governed by state and federal regulations. Regarding project control, Allen noted that his primary job was to monitor both work flow and payments for Federal highway projects. Id. at 64. Allen concluded by noting that there were three former IDOT employees, whose affidavits he did not have, who would support the matters set forth in his affidavit.

The district court denied Allen's second motion for additional time. On March 15, 2005, Judge Scott entered summary judgment in favor of the defendants on all issues. Allen now appeals pursuant to 28 U.S.C. § 1291. He claims that the district court erred in granting summary judgment (1) without allowing him greater time to collect evidence, (2) on the basis of his job description and submitted affidavits, and (3) on his due process claim. We address these claims in sequence.

II. Analysis

A. Additional Time for Discovery

Allen's first point is that the district court erred in granting defendants' motion for summary judgment without allowing him additional time for discovery. The district court's decision on this matter was governed by FED. R. CIV. P. 56(f), which states:

Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

We review the district court's decision in applying Rule 56(f) for abuse of discretion. Kalis v. Colgate-Palmolive Co., 231 F.3d 1049, 1056 (7th Cir.2000); see also Davis v. G.N. Mortgage Corp., 396 F.3d 869, 884-85 (7th Cir.2005).

Allen argues now, on appeal, that had he been given additional time to collect the affidavits of three of his former coworkers, they would have yielded facts essential to his claim. Additionally, he makes much of the fact that he consistently tried to obtain the affidavits, and was unable to contact them through no fault of his own....