Legal Opinion · Dissent

Romanik v. Board of Fire & Police Commissioners

Illinois Supreme Court

Decided September 26, 1975No. 46768Published

1DissentJustice Goldenhersh

I dissent. In my opinion the provisions of section 10 — 2.1—17 of the Municipal Code require that the judgments of the appellate and circuit courts be affirmed.

The rationale of the majority opinion appears to be that the power to make rules concerning probationary appointments authorizes the promulgation of a rule which provides for summary discharge. An examination of the authorities demonstrates this to be clearly erroneous.

The majority seeks support for its position in People ex rel. Betts v. Village of Maywood, 298 Ill. App. 160, but its analysis of that case will not withstand scrutiny.…

2Cases cited9 opinions

  1. Donahoo v. Board of EducationIllinois Supreme Court · 1952
  2. Powell v. JonesIllinois Supreme Court · 1973
  3. Smith v. Board of Education of Oswego Community High School DistrictIllinois Supreme Court · 1950
  4. Bovinette v. City of MascoutahIllinois Supreme Court · 1973
  5. Kropel v. ConliskIllinois Supreme Court · 1975

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