Gross v. Town of Cicero, Ill.

Dist. Ct. did not err in granting defendants' motion for summary judgment in action alleging that plaintiff-City employee was terminated from his position on Bd. of Fire and Police Commission in retaliation for speaking to mayor about sexual harassment concerns raised by his daughter who was member of police force and/or for encouraging his daughter to file EEOC charge. Plaintiff's speech concerned only private matter, and plaintiff otherwise failed to inform mayor that daughter's concerns pertained to sexual harassment or that he had encouraged daughter to file EEOC charge. Dist. Ct. erred, though, in granting defendants' motion for summary judgment on their counterclaim, alleging that plaintiff breached fiduciary duty under Bd. of Fire and Police Commissioners' statutes (BFPC) by hiring police officers recommended by mayor where plaintiff knew that said officers were not qualified. BFPC statutes do not provide for liability for BFPC commissioners such as plaintiff, and Dist. Ct. improperly inferred existence of fiduciary duty under BFPC statutes. Moreover, record failed to contain evidence of any quid pro quo arrangement between plaintiff and mayor to constitute conflict of interest..