Burton v. Civil Service Commission

• Decision Date: 19 September 1979
• Docket Number: No. 50660,50660
• Citation: 31 Ill.Dec. 791,394 N.E.2d 1168,76 Ill.2d 522
• Parties: , 31 Ill.Dec. 791 Donald BURTON, Appellee, v. The CIVIL SERVICE COMMISSION et al., Appellants.
• Court: Illinois Supreme Court

Page 1168

394 N.E.2d 1168

76 Ill.2d 522, 31 Ill.Dec. 791

Donald BURTON, Appellee, v. The CIVIL SERVICE COMMISSION et al., Appellants.

No. 50660.

Supreme Court of Illinois.

Sept. 19, 1979.

William J. Scott, Atty. Gen., Chicago (Rick Allan White, Asst. Atty. Gen., Chicago, of counsel), for appellants.

Edward M. Burke, Chicago (John B. Wheeler, Chicago, of counsel), for appellee.

THOMAS J. MORAN, Justice:

Plaintiff, Donald Burton, a security fraud investigator with the Department of Revenue (Department), was discharged from his employment for unethical conduct arising out of the acceptance of a $20 gratuity from a taxpayer. Pursuant to section 11 of the Personnel Code (Ill.Rev.Stat.1975, ch. 127, par. 63b111), a discharge hearing was conducted before a hearing officer appointed by the Civil Service Commission (Commission). The hearing officer recommended that the charges, which would normally warrant discharge, be dismissed because Burton had already received a 10-day suspension for the same charges. The Commission reversed the decision. It concluded that Burton's suspension was levied only for the offense of taking a gratuity and that Burton could be discharged for the separate, subsequent acts of attempting to cause a fellow employee to accept a gratuity and of wilfully providing false information to officials who were investigating the charges.

On administrative review, the circuit court of Cook County reversed, reasoning that the Department's disciplinary actions were akin to a violation of double jeopardy and that the Department should be estopped from enhancing the severity of the original suspension. The appellate court affirmed and held that the Commission's findings were against the manifest weight of the evidence. It also held that the Department lacked the authority to augment a punishment previously imposed upon an employee. (57 Ill.App.3d 835, 15 Ill.Dec. 419, 373 N.E.2d 765.) We affirm.

The appellate court opinion extensively details the misconduct which precipitated disciplinary action. It suffices here to observe that a full investigation into Burton's misconduct was concluded by February 13, 1976. The complete investigative report was submitted to the manager of the Department's Investigation Division (manager) and copies relayed to the Department's personnel officer and to the Director of Revenue. The report documented that on January 22, 1976, Burton had received a $20 gratuity from a taxpayer, that he had passed the gratuity on to a fellow employee, and that, during the course of the investigation, he had wilfully provided false information about the incident. On February 11 or 12, the manager and the personnel officer discussed by telephone what disciplinary action might be taken against Burton. They specifically discussed suspension, suspension pending decision on discharge, and discharge. In an internal memorandum dated February 13, which accompanied the investigative report, the manager recommended to the Director of Revenue that Burton be discharged. The memo characterized Burton's misconduct as the acceptance of a gratuity. The memo made no reference to any separate incidents of misconduct subsequent to the acceptance of the gratuity.

The record includes four personnel forms which chronicle the disciplinary action taken against Burton. The first reveals that, on February 13, the manager served Burton in person with a 10-day suspension effective February 18. The disciplinary action was characterized as a "suspension for less than 30 days (for) accepting a gratuity from a taxpayer." The second indicates that, on February 26, the personnel officer notified Burton by mail of a "Suspension-Pending Discharge." The reason given for this action was:

"During the course of the suspension immediately prior to this Suspension Pending Discharge, investigation revealed that Mr. Burton violated Department of Revenue policy in that he accepted a gratuity from a taxpayer and attempted to cause another employee to accept same and provided false information to agency staff in an attempt to cover up his wrongdoing."

The third is identical to the second except that it indicates that Burton was notified on March 3 that the suspension pending decision on discharge was modified to run from March 1 through March 18. The final notice states that Burton was...