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DEPT. OF JUVENILE JUSTICE v. CIVIL SERVICE

No. 4-09-0971.

939 N.E.2d 54 (2010)

The ILLINOIS DEPARTMENT OF JUVENILE JUSTICE, Plaintiff-Appellant, v. The ILLINOIS CIVIL SERVICE COMMISSION; Chris Kolker, in His Official Capacity as Chairman of the Illinois Civil Service Commission; Raymond W. Ewell, Barbara J. Peterson, Ares G. Dalianis, and Betty Bukraba, in their Official Capacities as Commissioners of the Illinois Civil Service Commission; and Josie Day, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

November 1, 2010.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Paul Racette (argued), Assistant Attorney General, Chicago, for IL Department of Juvenile Justice.

Christopher M.R. Turner , Assistant Attorney General, Chicago, for Illinois Civil Service Commission.

James P. Baker (argued), Baker, Baker & Krajewski, LLC, Springfield, for Josie Day.

Justice STEIGMANN delivered the opinion of the court:

In May 2009, an administrative law judge (ALJ) recommended that codefendant, Josie Day, be discharged from her employment based on Day's admission that she tape-recorded her coworkers' conversations without their knowledge. Two weeks later, codefendants, the Illinois Civil Service Commission, Chris Kolker, Raymond W. Ewell, Barbara J. Peterson, Ares G. Dalianis, and Betty Bukraba (collectively, the Commission)...

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