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Government LawyersThe newsletter of the ISBA’s Standing Committee on Government Lawyers

June 2010, vol. 11, no. 4

Summary of recent decisions

Labor Law

Department of Central Management Services v. Ndoca, No. 1-09-1052 (1st Dist., March 23, 2010). Affirmed.

Teamsters Union member was terminated by the Illinois Department of Transportation after a random drug test showed marijuana in his system. Arbitrator conditionally reinstated him, requiring that he complete treatment and rehab, and pass a drug and alcohol test. Arbitrator was within her authority to construe meaning of collective bargaining agreement for lesser penalty, emphasizing just cause required for termination, even though collective bargaining agreement mandates 30-day suspension pending discharge of employee who tests positive for marijuana.

Chicago Transit Authority v. Amalgamated Transit Union, Local 241, No. 1-08-3285 (1st Dist., March 24, 2010). Reversed.

CTA discharged bus driver after learning that he had been convicted of aggravated criminal sexual abuse of his 12-year-old stepdaughter and was a registered sex offender. Arbitrator reinstated driver after union filed grievance on his behalf. Arbitration award violated public policy for safe and secure transportation of public, including children. The driver failed to complete sex-offender treatment program; failed several polygraphs about his sexual behavior; did not pass final polygraph until five years after he left program; and told his therapist his sexual acts with stepdaughter were too numerous to count. Several high schools, elementary schools, and parks were located along this bus route, and unaccompanied school children often ride CTA buses. Award thus exposed public to danger and exposed CTA to liability.

Municipal Law

In re Petition to Disconnect Certain Territory Located in Kane County, Illinois, from the Village of Compton Hills, No. 2-09-0418 (2nd Dist., March 30, 2010). Affirmed.

Court granted summary judgment in favor of village upon petitioners’ petition to disconnect a subdivision from village. Under section 7-3-1 of the Municipal Code, within one year of organization of any municipality, disconnection is allowed of any territory that is “upon the border, but within the boundary of the municipality” and which meets other statutory criteria. A division between subdivision territory and a forest preserve district property is not “the border” under Code, as that would mean a municipality may have more than one border. No isolation of territory occurs only if a continuing and connected boundary line exists. Such line can exist only on the periphery, not as an internal border.

P&S Grain, LLC v. County of Williamson, Illinois, No. 5-09-0079 (5th Distr., April 2, 2010). Reversed and remanded.

Grain company and oil company filed declaratory judgment action challenging constitutionality of County School Facility Occupation Tax Law in Counties Code, which allows county governments to impose 1% sales tax for school facility use, and validity of two county ordinances that authorized imposition of the 1% sales tax in Williamson County. Plaintiff corporations met common law requirements for standing, as claim of injury is distinct and palpable, is fairly traceable to Defendants’ actions, and is substantially likely to be prevented or redressed by grant of relief requested. Corporations do not lack standing by fact that they may pass school facility tax on to their customers, as it does not negate effect of tax upon them. Section 11-301 of Code of Civil Procedure does not preclude corporations, which are corporate citizens, from filing actions under that Section.

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These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases and which are available to ISBA members soon after the decision is released, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site. These summaries have been downloaded and reorganized according to topic by Ed Schoenbaum for Government Lawyers, with permission.


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