[DOWNLOAD] "Benton Police Dep't v. Human Rights Com." by Illinois Appellate Court ? Fifth District Motion Denied # eBook PDF Kindle ePub Free
eBook details
- Title: Benton Police Dep't v. Human Rights Com.
- Author : Illinois Appellate Court ? Fifth District Motion Denied
- Release Date : January 08, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The Human Rights Commission moves to dismiss the petitions for review of the city of Benton police department and the city of Benton pension board (collectively referred to as the city of Benton) and Paul Lampley on the basis that the petitions are untimely under Supreme Court Rules 335(h) and 303(a) (103 Ill.2d Rules 335(h), 303(a)). The city of Benton responds by asserting that its petition for direct appellate review was timely filed pursuant to amended section 8-111(A)(1) of the Illinois Human Rights Act (Ill. Rev. Stat. 1985, ch. 68, par. 8-111(A)(1) (amended by Public Act 84-717, eff. Jan. 1, 1986)). Lampley responds by adopting the rationale of the Commission and asserts that the city of Benton's petition is untimely; however, he does not expressly concede the untimeliness of his own petition filed one day after that of the city of Benton. The facts pertinent to the jurisdictional issue presented to this court are as follow. Lampley brought an action before the Commission alleging that the city of Benton discriminated against him on the basis of physical and mental handicaps. Pursuant to a final administrative decision entered on February 13, 1986, the Commission found in favor of Lampley and directed that the city of Benton reinstate him on its police force with back pay and with such benefits and seniority as would have accrued to him had he remained on the force. Moreover, the city of Benton was directed to cease and desist from discriminating against Lampley on the basis of his physical and mental handicaps and was directed to pay his reasonable attorney fees in the amount of $13,864. In addition, the Commission ruled against Lampley with respect to money he would have received as a uniform allowance during the time he was absent from the police force. The Commission also ruled that it was appropriate to set off the amount of money received by Lampley as disability payments during the relevant period in question from the overall award for back pay. Finally, the Commission rejected Lampley's contention that the amount of attorney fees awarded was inadequate.