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CESARIO v. BOARD

No. 1-04-3882.

856 N.E.2d 500 (2006)

368 Ill. App.3d 70

305 Ill.Dec. 695

David CESARIO, Petitioner-Appellee, v. BOARD OF FIRE, POLICE AND PUBLIC SAFETY COMMISSIONERS OF the TOWN OF CICERO, Wayne Johnson as Chief of Police, and the Town of Cicero, Illinois, Respondents-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

September 22, 2006.

Attorney(s) appearing for the Case

Paul M. Levy, Brian D. Saucier, Deutsch, Levy & Engel, Chartered, Chicago, for Appellant Board of Fire, Police and Public Safety Commissioners of the Town of Cicero.

Louis F. Cainkar, Ltd., Chicago, for Appellant Town of Cicero.

homas J. Pleines, Law Offices of Thomas J. Pleines, Chicago, for Appellee.

Justice McNULTY delivered the opinion of the court:

The Town of Cicero (Town) charged officer David Cesario with misconduct. The Town voluntarily dismissed the charges and later refiled the dismissed charges. The Board of Fire, Police and Public Safety Commissioners (Board) began the evidentiary hearing about nine months after the Town moved for leave to refile the charges. Following the evidentiary hearing the Board terminated Cesario's employment. On administrative...

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