Rodriguez v. Sheriff's Merit Com'n

• Decision Date: 20 January 2006
• Docket Number: No. 100165.,100165.
• Citation: 218 Ill.2d 342,843 N.E.2d 379
• Parties: Erma RODRIGUEZ, Appellee, v. The SHERIFF'S MERIT COMMISSION OF KANE COUNTY et al., Appellants.
• Court: Illinois Supreme Court

Page 379

843 N.E.2d 379

218 Ill.2d 342

Erma RODRIGUEZ, Appellee, v. The SHERIFF'S MERIT COMMISSION OF KANE COUNTY et al., Appellants.

No. 100165.

Supreme Court of Illinois.

January 20, 2006.

Timothy P. Dwyer, St. Charles, and Timothy O'Neil, of Foote, Meyers, Mielke & Flowers, Geneva, for appellants.

Herbert Hill, Aurora, for appellee.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion:

Plaintiff, Erma Rodriguez, sought administrative review of a decision of the sheriff's merit commission of Kane County (commission). The circuit court of Kane County dismissed plaintiff's complaint for administrative review. The appellate court reversed. 355 Ill.App.3d 676, 291 Ill.Dec. 233, 823 N.E.2d 243. We allowed the commission's petition for leave to appeal. 177 Ill.2d R. 315(a). We now reverse the judgment of the appellate court, and affirm the order of the circuit court dismissing plaintiff's complaint, albeit for a different reason than that upon which the circuit court relied.

I. BACKGROUND

The commission filed a motion to dismiss plaintiff's complaint for administrative review pursuant to section 2-619(a) of the Code of Civil Procedure (735 ILCS 5/2-619(a) (West 2002)). The motion admits all well-pled allegations in the complaint and reasonable inferences to be drawn from the facts. Fireman's Fund Insurance Co. v. SEC Donohue, Inc., 176 Ill.2d 160, 161, 223 Ill.Dec. 424, 679 N.E.2d 1197 (1997). We recite only those facts that are necessary for our disposition of the issues presented in this appeal.

Plaintiff was employed by the Kane County sheriff's department as a corrections officer. Following a hearing, the commission terminated plaintiff's employment effective May 23, 2003. Mary Gray, secretary for the commission, swore in an affidavit that, on May 23, 2003, she mailed a copy of the commission's decision via certified mail to plaintiff. A postal receipt bearing plaintiff's name and address shows mailing via certified mail on May 23, 2003.¹

Plaintiff filed her complaint for administrative review on June 30, 2003. In its motion to dismiss, the commission contended that section 3-103 of the Administrative Review Law (735 ILCS 5/3-103 (West 2002)) required plaintiff to file her complaint within 35 days from the mailing of the commission decision to confer subject matter jurisdiction on the circuit court. The commission asserted that plaintiff was required to have filed her complaint by June 27, 2003. Therefore, according to the commission, the jurisdictional time period for plaintiff to file her action lapsed, the circuit court was without jurisdiction to hear the case, and the circuit court must dismiss plaintiff's complaint.

In her response to the commission's motion to dismiss, plaintiff asserted three alternative contentions. Plaintiff first asserted that the 35-day period of section 3-103 of the Administrative Review Law began to run when she received the commission decision on May 24, 2003; the thirty-fifth day thereafter was Saturday, June 28, 2003; and, consequently, her complaint was timely filed on Monday, June 30, 2003. Second, plaintiff contended that, even if the 35-day filing period began to run on May 23, 2003, the first day is excluded and the last day is included, thereby rendering her complaint timely. Third, plaintiff contended that the 35-day time period was tolled because the commission did not mail a copy of its decision to her attorney of record.

In its reply, the commission agreed with plaintiff that, in computing the 35-day filing period, the first day is excluded and the last day is included. However, the commission maintained that the crucial date, which began plaintiff's filing period, was May 23, 2003. The commission argued that 35 days thereafter, beginning on May 24, 2003, was Friday, June 27, 2003. Since plaintiff filed her complaint on Monday, June 30, 2003, it was untimely. Also, the commission did not dispute that it mailed a copy of its decision to plaintiff and not to her attorney. However, the commission responded that plaintiff's attorney was aware of the commission's service on plaintiff. The commission contended that the dispositive issue was not who received the commission's decision, but rather when plaintiff filed her complaint for administrative review.

The circuit court denied the commission's section 2-619 motion to dismiss. However, the Kane County sheriff separately filed a motion to dismiss plaintiff's complaint based on section 3-109 of the Administrative Review Law (735 ILCS 5/3-109 (West 2002)), contending that plaintiff had not paid the cost of preparing and certifying the record of the administrative proceedings.² The circuit court granted the sheriff's motion to dismiss on this basis.

The appellate court reversed the circuit court's dismissal of plaintiff's complaint. 355 Ill.App.3d 676, 291 Ill.Dec. 233, 823 N.E.2d 243. Initially, the appellate court upheld the circuit court's dismissal of the commission's section 2-619 motion to dismiss. It was undisputed that plaintiff was represented by her attorney, but the commission mailed its decision to plaintiff personally and not to her attorney of record. The appellate court concluded that the commission's service of its decision on plaintiff and not her attorney violated Supreme Court Rule 11(a), which requires that service be made upon the party's attorney of record, and if the party is not represented by an attorney of record, service shall be made upon the party. 145 Ill.2d R. 11(a). The appellate court held that the commission "failed to show that the trial court erred in denying its motion to dismiss for lack of subject matter jurisdiction." 355 Ill.App.3d at 683, 291 Ill.Dec. 233, 823 N.E.2d 243.

However, the appellate court concluded that dismissal of plaintiff's complaint based on section 3-109 of the Administrative Review Law was erroneous. The appellate court reversed the circuit court's dismissal of plaintiff's complaint for administrative review on this basis and remanded the cause to the circuit court for further proceedings. 355 Ill.App.3d at 683-85, 291 Ill.Dec. 233, 823 N.E.2d 243. The commission appealed to this court. 177 Ill.2d R. 315(a).

II. ANALYSIS

Before this court, the commission's sole contention is that the circuit court should have granted its section 2-619 motion to dismiss plaintiff's complaint for administrative review based on lack of subject matter jurisdiction. The commission argues that the appellate court should have upheld the dismissal of plaintiff's complaint on this basis. Plaintiff, urging affirmance of the appellate court, raises two contentions. First, plaintiff contends that the appellate court properly upheld the circuit court's refusal to dismiss plaintiff's complaint based on lack of subject matter jurisdiction. Alternatively, plaintiff contends that the appellate court correctly reversed the circuit court's dismissal of plaintiff's complaint based on section 3-109 of the Administrative Review Law. We find the commission's contention to be meritorious.

Section 2-619(a) of the Code of Civil Procedure permits dismissal where, inter alia, "the action was not commenced within the time limited by law" (735 ILCS 5/2-619(a)(5) (West 2002)) and where "the claim asserted * * * is barred by other affirmative matter avoiding the legal effect of or defeating the claim" (735 ILCS 5/2-619(a)(9) (West 2002)). When ruling on a motion to dismiss, the trial court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party. The court should grant the motion if the plaintiff can prove no set of facts that would support a cause of action. On appeal, review is de novo. In re Chicago Flood Litigation, 176 Ill.2d 179, 189, 223 Ill.Dec. 532, 680 N.E.2d 265 (1997).

Enacted in 1945, the Administrative Review Law is now 60 years old, and its basic framework has remained unchanged. See 1945 Ill. Laws 1144; Comment, The Illinois Administrative Review Act, 42 Ill. L.Rev. 636 (1947); G. Mills, The Illinois Administrative Review Act, 28 Chi. B. Rec. 7 (1946). The Administrative Review Law was an innovation and a departure from the common law, and the procedures established therein must be followed. Fredman Brothers Furniture Co. v. Department of Revenue, 109 Ill.2d 202, 210, 93 Ill.Dec. 360, 486 N.E.2d 893 (1985), quoting Winston v. Zoning Board of Appeals, 407 Ill. 588, 595, 95 N.E.2d 864 (1950). Section 3-102 of the Administrative Review Law mandates that parties to a proceeding before an administrative agency shall be barred from obtaining judicial review of the agency's administrative decision unless review is sought "within the time and in the manner" provided by the statute. 735 ILCS 5/3-102 (West 2002). Indeed, the circuit court exercises special statutory jurisdiction pursuant to the Administrative Review Law. If the statutorily prescribed procedures are not strictly followed, "no jurisdiction is conferred on the circuit court." Fredman Brothers, 109 Ill.2d at 210, 93 Ill.Dec. 360, 486 N.E.2d 893.

Regarding the time for filing a complaint for administrative review, section 3-103 provides in pertinent part:

"§ 3-103. Commencement of action. Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision * * *[.]

* * *

The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business." 735...