Publications

Acevedo v. Cook County Sheriff’s Merit Board

Illinois Appellate Court
Civil Court
Employment
Citation
Case Number: 
2019 IL App (1st) 181128
Decision Date: 
Tuesday, May 7, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
PUCINSKI

Plaintiff filed putative class action, alleging that employment termination decisions issued by Sheriff's Merit Board were void because Board was illegally constituted at the time it issued those decisions. Plaintiff's claim that Board's decision terminating his employment was null and void due to one Board member's improper appointment is barred by the de facto officer doctrine, and thus he was unable to state a cause of action against Defendants. Plaintiff raises the same issue as to Board member's appointment (an appointment to a term of less than 6 years) as was raised in 3 prior cases. The public interest in exposing such appointment irregularities has been served, and the public interest in preserving validity of the vast number of the Board's decisions must be upheld.  (MASON and LAVIN, concurring.)