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KELLEY v. SHERIFF'S MERIT COM'N

No. 2-06-0624.

866 N.E.2d 702 (2007)

Michelle F. KELLEY, Plaintiff-Appellant, v. The SHERIFF'S MERIT COMMISSION OF KANE COUNTY, James R. Klinkhamer, Chairman, Elmer J. Weber, Vice Chairman, Stephen W. Wennmacher, Secretary, and Kenneth R. Ramsey, as Sheriff of Kane County, Defendants-Appellees.

Appellate Court of Illinois, Second District.

April 12, 2007.

Attorney(s) appearing for the Case

Scott D. Miller, AFSCME Council 31, Chicago, for Michelle Kelley.

John S. Noble, John S. Noble, P.C., Batavia, for James R. Klinkhamer, The Sheriff's Merit Commission of Kane County, Elmer J. Weber and Stephen W. Wennmacher.

Timothy D. O'Neil, Foote, Meyers, Mielke & Flowers, LLC, Geneva, for Kenneth R. Ramsey, Sheriff.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, Michelle F. Kelley, is a corrections officer in the employ of the sheriff of Kane County. Following a disciplinary hearing before the Kane County Sheriff's Merit Commission (Commission), she was suspended without pay for 120 days for insubordination because she refused to comply with a superior officer's order that she submit to a polygraph examination. Plaintiff filed a timely complaint for administrative...

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