Schwarze v. Board of Fire and Police Com'rs of Village of Franklin Park, Cook County
Decision Date | 31 January 1964 |
Docket Number | Gen. No. 49121 |
Citation | 196 N.E.2d 724,46 Ill.App.2d 64 |
Parties | Raymond B. SCHWARZE, Plaintiff-Appellee, v. BOARD OF FIRE AND POLICE COMMISSIONERS OF the VILLAGE OF FRANKLIN PARK, COOK COUNTY, Illinois, and William F. Koerber, Chief of Police of the Village of Franklin Park, Illinois, Defendants-Appellants. |
Court | United States Appellate Court of Illinois |
Nicholas T. Kitsos, Chicago, for appellants.
Norman E. Jacobson, Franklin Park, for appellee.
Defendants appeal from an order which on administrative review reversed the findings and order of discharge of the Board of Fire and Police Commissioners of the Village of Franklin Park. The proceedings before the Board were begun on May 10, 1962, by the filing of charges against Raymond B. Schwarze, a policeman, by William F. Koerber, Chief of Police of the Village. The charges, addressed to the Board, read:
'I have this day May 8, 1962, found it necessary to relieve Officer Ray Schwarze of his police duty at 8:00 P.M. for the following charges, and also with this report file official charges
'That on the 8th day of May 1962, at the approximate hour of 8:00 P.M. at Police Headquarters, situated at 9545 W. Belmont Ave., Franklin Park, Illinois, Officer Raymond B. Schwarze, Star #9 was, then and there, while on duty in uniform, and having his service revolver on his person, drunk and intoxicated, in violation of Rule 45 and Rule 46 of the Rules and Regulations of the Police Department of the Village of Franklin Park, State of Illinois.
Violation of Rule 6:
'That on the 9th day of May 1962, at the approximate hour of 4:00 P.M. at Police Headquarters, situated at 9545 W. Belmont Ave., Franklin Park, Illinois, Officer Raymond B. Schwarze, Star #9 did then and there absent himself from duty without lawful authority in violation of Rule 6 of the Rules and Regulations of the Police Department of the Village of Franklin Park, State of Illinois.'
A detailed report accompanied the charges.
The hearing before the Board was conducted on May 29, 1962, in the Municipal Building at Franklin Park. Present were the Chairman of the Board and the two Commissioners. Nicholas T. Kitsos, Village Attorney and Hermes C. Kitsos appeared as attorneys for the defendants and the Village and Norman E. Jacobson, for the plaintiff. Chief Koerber and Patrolman Schwarze were present.
Plaintiff was not prejudiced by the additional detailed report attached to the charges. The members of the Board knew that this report was not to be considered as evidence. Chief Koerber, Patrolman Schwarze, several police officers and two other persons testified about the facts which formed the basis for the charges.
The Board after considering the evidence returned written findings on June 20, 1962. These findings stated in part that
Patrolman Schwarze was exonerated of violation of Rule 6, which regulated the manner in which absences from duty are to be reported. The Board concluded that the charges of being drunk on duty and of drinking on duty are amply supported by the evidence and plaintiff was discharged from his position as a patrolman.
The scope of review of the findings of administrative tribunals in the federal system is determined by 5 U.S.C. § 1009(e). The primary function of the courts with respect to review of administrative decisions is chiefly to insure compliance by the agency with applicable statutory and regulatory requirements and the courts will not review the wisdom of agency action. Hofflund v. Seaton (CA 1959) 105 U.S.App. D.C. 171, 265 F.2d 363, cert. denied 361 U.S. 837, 80 S.Ct. 55, 4 L.Ed.2d 77.
The general rule in the federal courts is that administrative decisions will not be upset where there is substantial evidence in the record. Where a rational basis exists for the decision and the discretion of the agency is involved the decision will not be upset. The judicial function is exhausted when there is found to be a rational basis for the conclusion reached by the administrative body....
To continue reading
Request your trial-
Hazelton v. Zoning Bd. of Appeals of City of Hickory Hills, Cook County, 76--484
... ... Hazelton, Plaintiffs-Appellees, ... ZONING BOARD OF APPEALS OF the CITY OF HICKORY HILLS, COOK ... ), 126 Ill.App.2d 374, 261 N.E.2d 791; Schwarze v. Board of Fire & Police Comm'rs (1964), 46 ... (Village of Park Forest v. Wojciechowski (1963), 29 Ill.2d ... ...
-
Wells v. Health and Hospital Governing Commission of Cook County
... ... of the Evanston Fair Housing Review Board because the complaint filed by the Evanston [52 ... See also Kelly v. Police Board of Chicago (1975), 25 Ill.App.3d 559, 323 ... (See, e. g., Flynn v. Board of Fire & Police Commissioners (1975), 33 Ill.App.3d 394, ... (Schwarze v. Board of Fire & Police Commissioners (1964), ... ...
-
Ceja v. State Police Merit Bd.
... ... STATE POLICE MERIT BOARD of the State of Illinois, et al., ... appeals from order of the circuit court of Cook County upholding the decision of the State Police ... Illinois Central Railroad Co. v. Franklin County, 387 Ill. 301, 56 N.E.2d 775; Liberty ... Sundquist v. Hardware Mutual Fire Ins. Co., 371 Ill. 360, 21 N.E.2d 297 ... 'It ... In Schwarze v. Board of Fire and Police Com'rs. (1964), 46 ... ...
-
Linwood v. Board of Ed., City of Peoria, Sch. Dist. No. 150, Ill.
... ... 150, PEORIA COUNTY, ILLINOIS, Defendant-Appellee ... No. 71-1541 ... 219, 75 N.E.2d 303; Schwarze v. Board of Fire & Police Com'rs., 46 Ill.App.2d ... ...