pretermination hearing in Illinois

2014The arbitrator found it "difficult to believe that the sophisticated parties who negotiated this contract *** did not foresee the likelihood that any experienced arbitrator would probably require more than a mere preponderance of the evidence in a case involving allegations of criminal activity." The arbitrator further stated that because a finding that an employee is a thief has particularly severe consequences, "a discharge for theft is distinguishable from other types of cases where a simple preponderance of the evidence will suffice." ¶ 22 Citing Cleveland Board of Education v. Loudermill,

2014The arbitrator found it “difficult to believe that the sophisticated parties who negotiated this contract *** did not foresee the likelihood that any experienced arbitrator would probably require more than a mere preponderance of the evidence in a case involving allegations of criminal activity.” The arbitrator further stated that because a finding that an employee is a thief has particularly severe consequences, “a discharge for theft is distinguishable from other types of cases where a simple preponderance of the evidence will suffice.” ¶ 22 Citing Cleveland Board of Education v. Loudermill,

2017In Goldberg v. Kelly, 397 U.S. 254, 266-71 (1970), the United States Supreme Court outlined procedural due process requirements of a pretermination hearing involving welfare benefits: (1) timely and adequate notice detailing the reasons for termination; (2) an opportunity to appear at the hearing, present evidence and oral argument, and confront and cross-examine adverse witnesses; (3) the right to be represented by counsel; (4) a right to a decision rendered by an impartial decisionmaker; (5) a right to have that decision based solely on rules of law and evidence presented at the hearing; and

2017In Goldberg v. Kelly, 397 U.S. 254, 266-71 (1970), the United States Supreme Court outlined procedural due process requirements of a pretermination hearing involving welfare benefits: (1) timely and adequate notice detailing the reasons for termination; (2) an opportunity to appear at the hearing, present evidence and oral argument and confront and cross- examine adverse witnesses; (3) the right to be represented by counsel; (4) a right to a decision rendered by an impartial decisionmaker; (5) a right to have that decision based solely on rules of law and evidence presented at the hearing; and

2018Louis , 178 Ill. 2d at 418 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ) and they did not receive prior notice and a pretermination hearing as due process required ( East St.

2018Louis , 178 Ill. 2d at 418 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ) and they did not receive prior notice and a pretermination hearing as due process required ( East St.

1992(Romanik v. Board of Fire & Police Commissioners (1975), 61 Ill. 2d 422 , 338 N.E.2d 397 ; Levitt v. Gorris (1988), 167 Ill.

1992(Romanik v. Board of Fire & Police Commissioners (1975), 61 Ill. 2d 422 , 338 N.E.2d 397 ; Levitt v. Gorris (1988), 167 Ill.

2014However, based on American Federation of State, County & Municipal Employees v. Department of Central Management Services, 173 Ill. 2d 299 (1996) (AFSCME II), the arbitrator stated that it -9- No. 1-13-3329 would be improper to reinstate Hammond for this violation without considering the merits.

2014(West 2012))—to provide finality for labor disputes submitted to arbitration (AFSCME II, 173 Ill. 2d at 304 ).

2014Because the Village agreed to the arbitrator's authority to hear the dispute and failed to justify its delay in objecting, the issue is waived and the circuit court properly struck the relevant portions of the Village's complaint. ¶ 34 Next, the Village seeks to vacate the arbitration award on three grounds: (1) the arbitrator required an incorrect quantum of proof; (2) the award violates public policy; and (3) the arbitrator improperly required the Village to hold a pretermination hearing. ¶ 35 A court's review of an arbitrator's award is extremely limited (Griggsville-Perry Community Unit Sc

2014Because the Village agreed to the arbitrator’s authority to hear the dispute and failed to justify its delay in objecting, the issue is waived and the circuit court properly struck the relevant portions of the Village’s complaint. ¶ 34 Next, the Village seeks to vacate the arbitration award on three grounds: (1) the arbitrator required an incorrect quantum of proof; (2) the award violates public policy; and (3) the arbitrator improperly required the Village to hold a pretermination hearing. ¶ 35 A court’s review of an arbitrator’s award is extremely limited (Griggsville-Perry Community Unit Sc

1995Levitt, 167 Ill.

1992(Romanik v. Board of Fire & Police Commissioners (1975), 61 Ill. 2d 422 , 338 N.E.2d 397 ; Levitt v. Gorris (1988), 167 Ill.

1977Ed. 2d 548, 561 , 92 S. Ct. 2701 .) If plaintiffs’ reasoning were to be followed to its logical result, every noncertified public employee terminated for any reason would have to be afforded a pretermination hearing.

1977Also see Board of Regents v. Roth (1972), 408 U.S. 564 , 33 L.

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

2018Louis , 178 Ill. 2d at 421 -22 , 227 Ill.Dec. 568 , 687 N.E.2d 1050 ). 16 Fumarolo , 142 Ill. 2d at 71 , 153 Ill.Dec. 177 , 566 N.E.2d 1283 (the protections offered by the free and equal clause and the equal protection clause of our state constitution "are in effect those of the equal protection clause of the fourteenth amendment"). 17 See also Tully , 171 Ill. 2d at 312 , 215 Ill.Dec. 646 , 664 N.E.2d 43 ("The legislature could certainly provide that, upon the expiration of the terms of office of the currently elected trustees, successor trustees will be appointed rather than elected."). 18 Q

1994(See Dixon v. Love (1977), 431 U.S. 105 , 52 L.

1994(See Dixon v. Love (1977), 431 U.S. 105 , 52 L.

1991Sellard v. Board of Trustees, 478 N.E.2d 1123 [.] *** Mathews indicates that in this type of case a pretermination hearing is not constitutionally necessary.

1988Stat. 1985, ch. 24, par. 10 — 2.1—15.) “[Probationary employees can be fired for any reason and are not entitled to a pretermination hearing or prior written notice of charges.” (Kapsalis v. Board of Fire & Police Commissioners (1986), 143 Ill.

1988App. 3d 465, 468 , 493 N.E.2d 56, 58 , citing Romanik v. Board of Fire & Police Commissioners (1975), 61 Ill. 2d 422, 425 , 338 N.E.2d 397, 399 .) The rationale for the rule is that written and physical examinations lack realistic working conditions, are inadequate measures of a candidate’s ability, and also give inadequate warnings of undesirable characteristics.