Goral v. DartAnnotate this Case
Cook County Sheriff Dart instituted disciplinary proceedings against several Sheriff’s officers (plaintiffs) by filing charges with the Cook County Sheriff’s Merit Board under Counties Code, 55 ILCS 5/3-7011. The plaintiffs filed motions with the Board to dismiss the charges. While the administrative proceedings were pending, the plaintiffs filed suit, seeking declaratory, injunctive, and monetary relief against the Sheriff, Cook County, the Board, and the Cook County Board of Commissioners, asserting that the Board was not legally constituted because several of its members were appointed to or served terms that did not comply with the Code section 3-7002 requirements.
The Illinois Supreme Court reversed the dismissal of the suit for failure to exhaust administrative remedies. Because the plaintiffs challenged the authority of the Board to address the charges, the “authority” exception to the exhaustion requirement applied. The circuit court can adjudicate the requests for back pay and other claims, which do not fall within the particular expertise of the Board. The plaintiffs raised the issue before the Board, which refused to hear them until after the disciplinary proceedings were complete. Given that the Board had not taken any substantive action regarding the disciplinary charges before the filing of the lawsuit, the “de facto officer doctrine” does not apply.