Marconi v. Chicago Heights Police

• Citation: 836 N.E.2d 705
• Decision Date: 19 September 2005
• Docket Number: No. 1-04-1725.,No. 1-04-2390.,1-04-1725.,1-04-2390.
• Parties: Anthony MARCONI, Plaintiff-Appellant, v. CHICAGO HEIGHTS POLICE PENSION BOARD, Defendant-Appellee.
• Court: Supreme Court of Illinois

836 N.E.2d 705

Anthony MARCONI, Plaintiff-Appellant, v. CHICAGO HEIGHTS POLICE PENSION BOARD, Defendant-Appellee.

No. 1-04-1725.

No. 1-04-2390.

Appellate Court of Illinois, First District, First Division.

September 19, 2005.

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Jerome F. Marconi, Jerome F. Marconi & Associates, Chicago, for Appellant.

Mathias W. Delort, Aaron G. Allen, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for Appellee.

Justice GORDON delivered the opinion of the court:

This consolidated appeal stems from an application for a disability pension that plaintiff Anthony Marconi, a police officer, filed with defendant Chicago Heights Police Pension Board (the Pension Board). During the pendency of the Pension Board's review of his application, Marconi brought an action for declaratory judgment, mandamus and other relief (the declaratory action), alleging that the Pension Board did not complete its review of his application in a timely manner. While the declaratory action was pending before the circuit court, the Pension Board rendered its final decision denying Marconi a disability pension. Marconi sought administrative review. The circuit court affirmed the Pension Board's decision to deny Marconi a disability pension. Shortly thereafter, the circuit court granted summary judgment in the declaratory action in favor of the Pension Board.

The administrative review portion of this appeal is chiefly concerned with whether the Pension Board erred in denying Marconi's application for a disability pension, given the evidence presented. However, as shall be discussed more fully below, a decision to reverse the Pension Board's determination on that ground would further implicate the constitutionality of section 3-115 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/3-115 (West 2002)), which on its face would support the denial of a disability pension on a "precertification" ground—namely, that the three doctors chosen by the Pension Board did not unanimously certify Marconi as disabled.

For the reasons that follow, we reverse the affirmance of the Pension Board's decision to deny Marconi a disability pension and remand the matter to the Pension Board for further proceedings consistent with this opinion; however, we affirm the grant of summary judgment in the declaratory action.

BACKGROUND

I. PROCEDURAL HISTORY

On April 22, 1997, Marconi¹ wrote to the Pension Board, notifying it of his formal request for a duty-related disability pension. Marconi also asked the Pension Board to inform him if a formal application needed to be submitted.

In a letter dated April 30, 1997, the Pension Board acknowledged the receipt of Marconi's letter and treated it as an application for disability pension benefits. The Pension Board requested that Marconi submit a written statement detailing his illness or injury, together with supporting documentation. The Pension Board also informed Marconi that he was required to be examined by three physicians selected by it, and he would be notified of the date, time and location of those examinations. The Pension Board would schedule the matter for a hearing after the completion of all examinations and the receipt of the medical reports.

In a letter dated September 24, 1997, Marconi stated that he was involved in multiple shootings while on the job, and those incidents greatly contributed to his disability. Marconi further stated that it was the police department's own psychiatrist, Dr. Carl Wahlstrom, who recommended that he not return to work as a police officer, and that he was still receiving psychiatric care from Dr. Wahlstrom. Lastly, Marconi requested a prompt hearing because his temporary disability benefits had run out and he was no longer receiving a paycheck. Subsequently, in a letter dated November 12, 1997, Marconi provided the Pension Board with the information that would help it locate the police reports of the shooting incidents he referred to in his earlier correspondence.

Marconi's psychiatric and psychological evaluations scheduled by the Pension Board were conducted on June 30, 1998; July 6, 1998; July 7, 1998; November 20, 1998; and December 10, 1998.

The Pension Board did not hold its first hearing on Marconi's application until September 2, 1999. The Pension Board admitted certain exhibits into evidence so that they could be reviewed by its members prior to the next hearing and adjourned. These exhibits included pertinent personnel records and the reports of the two psychiatrists and one psychologist selected by the Pension Board who evaluated Marconi's condition. The next hearing was scheduled for October 4, 1999.

The next time the Pension Board reconvened was on June 11, 2001. It heard Marconi's testimony and admitted into evidence Dr. Wahlstrom's deposition. The Pension Board then adjourned. As is noted below, it did not reconvene for another year.

On March 1, 2002, Marconi filed the declaratory action. Marconi asserted that he had waited almost five years for the decision on his application for pension benefits. In count I of his complaint, captioned "Due Process—Section 1983 [(42 U.S.C. § 1983 (2000))]," Marconi sought: a declaratory judgment that the Pension Board had "violated [his] due process rights * * * by not affording him disability benefits and/or a hearing on his application for benefits"; "a [w]rit of [m]andamus requiring [the Pension Board] to begin paying [him] line of duty disability benefits with back benefits to his last day of pay and statutory interest as required by law"; an award of "any actual damages he has suffered as a result [of the Pension Board's] refusal to provide disability benefits and/or hearing on his application"; and attorney fees and costs. In a mostly duplicative count II of his complaint, captioned "Declaratory Judgment and Mandamus," Marconi again sought a declaratory judgment that the Pension Board had "violated [his] due process rights * * * by not affording him disability benefits and/or a hearing on his application for benefits"; and "a [w]rit of [m]andamus requiring [the Pension Board] to begin paying [him] line of duty disability benefits with back benefits to his last day of pay and statutory interest as required by law." It appears that the only difference between count I and count II was that count I was based on the federal due process violations and count II was based on Illinois law.

While the declaratory action was pending, finally, after extended delays totaling some three years from the date of the first hearing, the Pension Board reconvened and held further hearings on August 26, 2002, September 16, 2002, and October 23, 2002. The Pension Board admitted additional exhibits into evidence and heard the testimony of several witnesses. On October 23, 2002, the Pension Board issued its decision denying Marconi's application for pension benefits. On November 25, 2002, Marconi filed a petition for administrative review of the Pension Board's decision. Marconi's declaratory action, however, remained pending in the circuit court.

On June 10, 2003, the Pension Board moved for summary judgment in the declaratory action on the grounds that count I was filed after the applicable statute of limitations; count II was moot because the hearings on the matter had concluded; and, in the alternative, the Pension Board was immune from the suit because the it acted in an adjudicative capacity.

On January 22, 2004, in the administrative review action, the circuit court affirmed the Pension Board's decision on the grounds that although Marconi was evaluated by more than three mental health professionals, he failed to submit three certificates of disability required under section 3-115 of the Pension Code (40 ILCS 5/3-115 (West 2002)). On February 5, 2004, upon Marconi's motion, the circuit court reconsidered its order and remanded the matter to allow Marconi to submit additional certificates of disability and for the Pension Board to reconsider its decision based upon that additional evidence.

Subsequently, Marconi submitted to the Pension Board two additional certificates of disability. On April 2, 2004, the Pension Board issued its amended decision, again denying Marconi's application for pension benefits.

On May 20, 2004, the circuit court affirmed the Pension Board's decision as not against the manifest weight of the evidence. On July 26, 2004, in the declaratory action, the circuit court granted the Pension Board's motion for summary judgment. Both circuit court's orders were timely appealed, and the appeals were consolidated in this court.

II. EVIDENCE CONSIDERED BY THE PENSION BOARD

Nonexpert Testimony

Marconi testified before the Pension Board as follows. He was hired as a patrol officer by the City of Chicago Heights in 1988. When Marconi was still new on the job, he was involved in a "shots fired" situation. One of the burglary suspects whom Marconi and his partner tried to apprehend struck Marconi's partner with a tree branch; at that point, Marconi's partner shot the suspect. When the suspect was shot, he was standing between Marconi and his partner. After the incident, Marconi felt that the shot meant for the suspect could have hit him in the chest and killed him.

At the end of 1994 or beginning of 1995, Marconi was reassigned to the canine unit. In the spring of 1995, Marconi was involved in another "shots fired" situation. He was chasing a speeding car. After the car ran into a ditch, two individuals got out and started shooting. Marconi ran for cover. Although was not hit by the shots, he injured his shoulder when he bumped it against his squad car. Afterwards, the police department conducted an investigation. Marconi later learned that spent casings were found at the scene. The shooters were never apprehended.

About three to five months later, Marconi was involved in a third "shots fired" situation. While responding to a...