Decatur Police Benevolent and Protective Association Labor Committee v. The City of Decatur

Illinois Appellate Court
Civil Court
Labor Law
Citation
Case Number: 
2012 IL App (4th) 110764
Decision Date: 
Friday, April 20, 2012
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
KNECHT
Arbitrator found no just cause existed to discharge police officer after allegations of domestic battery and untruthfulness. Circuit court vacated arbitration award, finding it violated public policy. Circuit court did not ignore or violate predominant statutory law. Court was not required to specifically discuss Section 15 of Labor Act, and court was aware of public policy underlying Section 15 and the Labor Act. Allegation of misconduct, in context of termination proceedings, are not required to be proved by clear and convincing evidence because misconduct may also be criminal. It is a violation of public policy to require continued employment of police officer who has been found, by preponderance of the evidence, to be abusive and untruthful. (STEIGMANN and COOK, concurring.)