Can an Administrative Complaint Be Dismissed by a Police Board for Not Being Filed Within the 35-Day Period ?
In Johnson v. Machetti, 228 Ill. App. 3d 420, 592 N.E.2d 1149, 170 Ill. Dec. 469 (1992)a police board moved to dismiss an officer's administrative complaint alleging that the board improperly awarded him a disability pension equal to 50% of his salary rather than 65% of his salary. Machetti, 228 Ill. App. 3d at 422.
The board based its motion on the plaintiff's failure to file his complaint within the 35-day period. Machetti, 228 Ill. App. 3d at 422.
The trial court granted the board's motion, and plaintiff appealed, contending the notification letter, which stated he would receive $ 1,549.10 per month, did not inform him the board had granted a 50% disability pension rather than a 65% disability pension. Machetti, 228 Ill. App. 3d at 422.
The reviewing court rejected the plaintiff's argument, noting that the plaintiff was present at the board meeting and hearing where his pension was discussed and admitted on appeal that upon receiving the letter from the board, he made a calculation and discovered that he had been awarded only a 50% pension. Machetti, 228 Ill. App. 3d at 422-23.
In Machetti, the plaintiff was not only present at the board meeting and hearing where his disability pension was discussed, but he also presented the board with letters from doctors and other information. Machetti, 228 Ill. App. 3d at 423.