Joun C. Byrnes, Tuomas J. Frrzceratp, Roman HasreLewicz, JosrrH Onesto, Grorce PrsrKa, JOHN SrecEL, Harotp Tuomp- son, Tony Jonson, Cuartes Marys, and RosreMary Racing, Administrator of the Estate of Watrer Racine, Deceased, Claimants, v. State oF Ixtrnois, Respondent.
Headnotes
- Crvit Service Act-payment for period of illegal discharge. Where evidence showed that claimants were Civil Service employees of the Department of Agriculture, and were illegally discharged, Court held they were entitled to the payment of salaries during the period of their illegal removal less any sums earned during said period, or a reasonable amount deducted for mitigation of damages where claimants failed to seck with due diligence other employment.
John ©. Byrnes, Thomas J. Fitzgerald, Roman Habrelewicz, Joseph Onesto, George Pestka, John Siegel, Harold Thompson, Tony Johnson, Charles Maeys, and Rosemary Racine, Administrator of the Estate of Walter Racine, deceased, were all Civil Service employees of the Department of Agriculture of the State of Illinois on and before June 30, 1953. They are now suing for back salaries for the period of their removal, which was between June 30, 1953 and July 1, 1955.
Claimants, during their period of service, were Foods and Dairies Inspectors in the Department of Agriculture of the State of Illinois, and were removed from their positions on June 30, 1953. Subsequent to their removal on September 21, 1953, John C. Byrnes, Thomas J. Fitzgerald, Roman Habrelewicz, Joseph Onesto, George Pestka, Walter Racine, John Siegel and Harold Thompson filed a complaint for mandamus in the Circuit Court of Cook County, Illinois against Stillman J. Stanard, Director of the Department of Agriculture of the State of Illinois, Maude Myers, Saul A. Epton and Warren D. Moyer, members of the Illinois State Civil Service Commission, Orville E. Hodge, Auditor of Public Accounts of the State of Illinois, and Elmer J. Hoffman, Treasurer of the State of Illinois, in which complaint claimants requested reinstatement to their Civil Service positions with the Department of Agriculture of the State of Illinois, from which they asserted they had been illegally removed on June 30, 1953, together with payment of back Salary from the date of their removal. Thereafter, on November 4, 1953, claimants, Tony Johnson and Charles -17 [*514] Maeys, were given leave to file their intervening complaint in the mandamus proceeding seeking the same relief as the original parties.
On March 15, 1954, the trial court entered judgment for the plaintiffs, and ordered the defendants to reinstate and recompense the plaintiffs the salary appropriated for their respective positions during the period of their removal.
Thereafter, the defendants appealed, and, on June 13, 1955, the Appellate Court of Illinois for the First District; affirmed the trial court’s decision, and denied the defendant’s petition for rehearing in the case of People ex rel John C. Byrnes, Et Al, vs. Stillman J. Stanard, Et Al, 6 Ill. App. (2d) 441.
Thereafter, defendants petitioned the Supreme Court of Illinois for leave to appeal, which was allowed, and, on September 25, 1956, the Supreme Court affirmed the findings in favor of the plaintiffs, and denied a petition for rehearing as reported in People ex rel John C. Byrnes, Et Al, vs. Stillman J. Stanard, Et Al, 9 Il. (2d) 372.
Consequently all the claimants were reinstated, and are before this Court personally, or by legal representatives, seeking back salaries for the period from June 30, 1953 to July 1, 1955.
Summarily disposing of respondent’s contention that claimants are barred from receiving an award, the law is well settled that illegally removed Civil Service employees may recover back salaries during the period of their separation after subsequent reinstatement subject to mitigation based on salaries from supplemental employment, Schneider vs. State of Illinois, 22 C.C.R. 453, as well as conscientious efforts to obtain employment and credibility of their testimony evidencing their efforts.
[*515] In order to arrive at the award to which claimants are entitled, we must consider each case individually.
John C. Byrnes may seek back pay for 24 months at $300.00 per month, or $7,200.00, less credit to the State for supplemental earnings during said period of time in the amount of $4,588.71, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $2,611.29.
The record shows that claimant was approximately 26 years of age, in apparent good health, and did not become gainfully employed until December 22, 1953. Therefore, his claim will be mitigated further for the period of time he was unemployed, i.e. from July 1, 1953 to December 22, 1953, in the amount of $576.00, which figure Tepresents a fair standard set by this Court for credit to the State during the time when we feel that claimant should have been gainfully employed, leaving a net amount of $2,035.29.
Thomas J. Fitzgerald May seek back pay for 24 months at $300.00 per month, or $7,200.00, less credit to the State for supplemental earnings during said period of time in the amount of $5,889.98, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $1,310.02.
Roman Habrelewiez earned more during the period of separation than his salary as a Civil Service employee.
Therefore, he is not entitled to an award.
Tony Johnson may seek back pay for 24 months at $310.00 per month, or $7,440.00.
The record shows that claimant only sought employment in a very small community, and that other part-time employment was available. Claimant was approximately 64 years of age, in apparent good health at the time of Separation. Therefore, his claim will be mitigated [*516] further for the period of time he was unemployed, ie., from July 1, 1953 to August 1, 1954, in the amount of $1,344.00, which figure represents a fair standard set by this Court for credit to the State during the time when we feel that claimant should have been gainfully employed. However, his claim will not be further mitigated from July 1, 1954 to July 1, 1955, since claimant will have by that time achieved the age of retirement, leaving a net amount of $6,096.00.
Joseph Onesto may seek back pay for 24 months at $300.00 per month, or $7,200.00, less credit to the State for supplemental earnings during said period of time in the amount of $5,361.16, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $1,838.84.
The record shows that claimant was approximately 39 years of age, and in apparent good health at the time of the separation. He did not become gainfully employed until October 15, 1953. Therefore, his claim will be mitigated further for the period of time he was unemployed, i.e., from July 1, 1953 to October 15, 1953, in the amount of $308.00, which figure represents a fair standard set by this Court for credit to the State during the time when we feel that claimant should have been gainfully employed, leaving a net amount of $1,530.84.
George Pestka may seek back pay for 24 months at $340.00 per month, or $8,160.00, less credit to the State for supplemental earnings during said period of time in the amount of $1,410.03, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $6,749.97.
John Siegel, now deceased, may seek back pay for 24 months at $300.00 per month, or $7,200.00, less credit to the State for supplemental earnings during said period of time in the amount of $4,588.71, which figure has been [*517] stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $2,611.29.
The record shows that claimant was approximately 56 years of age, in apparent good health at the time of separation, and did not become gainfully employed until January 16, 1954. Therefore, his claim will be mitigated further for the period of time he was unemployed, i.e., from July 1, 1953 to January 16, 1954, in the amount of $672.00, which figure represents a fair standard set by this Court for credit to the State during the time when we feel that claimant should have been gainfully employed, leaving a net amount of $1,939.29.
Harold Thompson may seek back pay for 24 months at $370.00 per month, or $8,880.00, less credit to the State for supplemental earnings during said period of time in the amount of $294.23, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $8,585.77.
The record shows that claimant was approximately 55 years of age at the time of his separation, and in apparent good health. Based upon the Commissioner’s Report, it appears that claimant was highly uncooperative, and his credibility as a witness was questionable.
Therefore, his claim will be mitigated further in the amount of $200.00 per month from July 1, 1953 to July 1, 1955, or $4,800.00, leaving a net amount of $3,785.77.
Charles Maeys may seek back pay for 24 months at $330.00 per month, or $7,920.00, less credit to the State for supplemental earnings during said period of time in the amount of $662.66, which figure has been stipulated between the attorney for claimant and the Attorney General, leaving a net amount of $7,257.34.
The record shows that claimant was approximately 64 years of age, in apparent good health, admittedly had [*518] not retired after his discharge, and could have obtained at least additional part-time employment. Therefore, this claim will be mitigated further for the period of time he was unemployed in the amount of $1,344.00, which figure represents a fair standard set by this Court for credit to the State during the time when we feel that infully employed, leaving claimant should have been g¢ a net amount of $5,913.34.
Rosemary Racine, Administrator of the Estate of Walter Racine, may seek back pay for 24 months at 0, less credit to the State 1 period of time in which figure has been stipulated $345.00 per month, or for supplemental earni the amount of $4,828.03. between the attorney for claimant and the Attorney General, leaving a net amount of $3,451.97.
The record shows that claimant, Walter Racine, did not become gainfully employed until November 9, 1953. m will be mitigated further for the Therefore, his ¢ period of time he was unemployed, i.e., from July 1, 1953 to November 9, 1953, in the amount of $292.00, which figure represents a fair standard set by this Court for credit to the State during the time when we feel that claimant should have been gainfully employed, leaving a net amount of $3,159.97.
It is, therefore, the order of this Court that the following awards be granted: John C. Byrnes, $2,035.29; Thomas J. Fitzgerald, $1,310.02; Roman Habrelewicz, no award; Tony Johnson, $6,096.00; Joseph Onesto, 530.84; George Pestka, $6,749.97; John Siegel, $1,939.29; Harold Thompson, $3,785.77; Charles Maeys, $5,913.34; and, Rosemary Racine, Administrator of the Estate of Walter Racine, $3,159.97.
[*519] JASES IN WHICH ORDERS OF DISMISSAL WERE
ENTERED WITHOUT OPINION
4534 Verlie Brown, Et Al
4740 Geraldine M. Ashley
4741 George P. Omott
4790 Mary V. Dougherty and James T. Dougherty 4842 Victor G. Johnson, Admr., Et Al
4859 Ola Mae Pendleton
4861 Elmo Dines
4873 Loretta F. Coffey and James J. Boyd
4874 Virgil Baker
Raymond J. Willmann
Richard Vander Brink
Koren Company, A Corporation
Charles Tanthorey
Clarence Hoppe
Mildred R. Mette
4896 John Sayad
4906 Albert G. Dax, Et Al
4910 Mumer C. Swanson, d/b/a Lake Forest Cleaners and Post Tailor and Cleaners
4916 188 Randolph Building Corporation
4922 Charley Williams, Admr., Etc.
4925 Ed Gates
4932 Joseph H. Pritchett
4933 Ada Mae Mullin
4935 James Manos
4940 Alex Savas
4941 Robert L. Fields, Admr., Etc.
4944 Don Meyer Memorial Temple Association
4946 Chicago State Hospital Employees Credit Union
4948 Juliana Johanna Whitehill
4952 Midland Bakeries Company, A Delaware Corporation
4954 Matilda V. Jones
4956 Frank J. Krahulik, Et Al
4958 William B. Robertson
4963 City of Chicago, A Municipal Corporation 4964 Contracting and Material Company 4965 Malco Sales, Inc.
4973 Lillian Stokes
4981 Mary S. Crump
4984 Robert M. Crowe
4985 Imogene Farris
4999 Theodore V. Witczak, Jr., A Minor, Etc.
[*5039] Sarah Cox
Stella Petrila
Eli J. Soldo
Eugene Miller
Arthur Elkins, d/b/a La Mode Novelty Company
Marie Skrynski
Earl M. Shaw
Maurice A. Carr and Della M. Carr, His Wife
Dallas Bowen
Ben G. Corn
Robert Shroyer
Joseph J. Polivka, individually, and as Administrator of the Estate of Eleanor A. Polivka, deceased
John H. Wilson, Et Al
Jack G. Stein, Et Al
Charles A. Rannin and Emilie C. Rannin
Ammie Good
L. C. Williams
Thomas L. Wood
Chicago, Milwaukee, St. Paul and Pacific Railroad Company, A