The City of Aurora v. The Association of Professional Police Officers

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2019 IL App (2d) 180375
Decision Date: 
Thursday, February 21, 2019
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
JORGENSEN

Police officer was accused of installing and monitoring hidden surveillance cameras in his former marital home without permission of his ex-wife. Police chief terminated his employment. Parties then proceeded through grievance process to arbitration. Arbitrator found that City had just cause to discipline officer, but reduced discipline to a 1-year suspension without creditable service for seniority or pension purposes. Circuit court reversed arbitrator's award.There is a well-defined and dominant public policy in favor of holding police officers accountable for their off-duty conduct, and against invasions of privacy. The arbitrator's award did not violate public policy. No contractual provision mandated termination of officers for off-duty misconduct, and arbitrator made a rational finding that officer was amenable to discipline. Arbitrator implicitly found that offeicer was unlikely to reoffend. Thus a remand is not warranted. (McLAREN and SPENCE, concurring.)