Opinion
Gen. No. 43,540. (Abstract of Decision.)
Opinion filed June 26, 1946 Rehearing denied September 6, 1946 Released for publication September 9, 1946
OFFICERS AND PUBLIC EMPLOYEES, § 66 — findings of Civil Service Commission to be written up before certification. On certiorari to review Civil Service Commission's order discharging plaintiff from position as patrolman, where it appeared that findings of fact set up in return of defendants were not in existence until after writ of certiorari issued, held that under section 12 of Civil Service Act and section 4 of Rule 6 of Civil Service Rules, it was incumbent upon Commission to make and file its finding and decision and certify such finding and decision to appointing officer, and trial court should have quashed return because of defendants' failure to write up their findings to support plaintiff's discharge (Ill. Rev. Stat. 1945, ch. 24 1/2, par. 91; Jones Ill. Stats. Ann. 23.094).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ROBERT E. CROWE, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the October term, 1945.
Henry C. Ferguson, for appellant;
Barnet Hodes, Corporation Counsel, for appellees;
J. Herzl Segal, Head of Appeals and Review Division, Fred V. Maguire, Carl H. Lundquist and L. Louis Karton, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed June 26, 1946; rehearing denied September 6, 1946; released for publication September 9, 1946.