Board Of Trustees Of The Police Pension Fund Have Exclusive Authority Over Issues Of Eligibility To Participate In The Police Pension Fund
In Village of Stickney v. Board of Trustees of the Police Pension Fund, 347 Ill. App. 3d 845, 851, 807 N.E.2d 1078, 283 Ill. Dec. 237 (2004), the court concluded that the board had the authority to hold pension fund hearings and to establish proceedings for those hearings because the legislature intended to provide the board with " 'exclusive authority over issues of eligibility to participate in the police pension fund.' " Village of Stickney, 347 Ill. App. 3d at 852, quoting City of Benton Police Department v. Human Rights Comm'n, 160 Ill. App. 3d 55, 57, 513 N.E.2d 29, 111 Ill. Dec. 783 (1987).
The court held that the board's exclusive authority included "the authority to decide who may participate in the hearings and to what extent." Village of Stickney, 347 Ill. App. 3d at 852.
In Village of Stickney the court determined that the board did not abuse its discretion when it denied a village's request to participate in the hearing.
The court noted that the board "must have believed it had some authority to allow Village participation" because it sent the village a letter informing the village that if it wanted to file a petition to intervene, it had to do so before a certain date. Village of Stickney, 347 Ill. App. 3d at 852.
The village did not file a petition by the deadline, but attorneys for the village appeared at the hearing requesting to be allowed to cross-examine the applicant and review the evidence "to make sure it was presented properly and was admissible." Village of Stickney, 347 Ill. App. 3d at 847.
The board unanimously denied the village's request to participate in the hearing. Village of Stickney, 347 Ill. App. 3d at 847.
On appeal, the court found that the board's refusal of the village's request to question the applicant was not arbitrary or capricious because an "administrative body may impose limitations on cross-examination, such as requiring notice prior to the hearing or an explanation of the party's interest in the proceedings, beyond that of the general public." Village of Stickney, 347 Ill. App. 3d at 852-53.