TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 19, 2008
COMMITTEE ON JUDICIARY
Mr. Richard Lanyon, General Superintendent
Title
Authority to settle Robert Wysocki vs. MWRDGC, Case No. 04 CH 7534, Circuit Court of Cook County, in the sum of $17,243.46. Account 101-69000-601010
Body
Dear Sir:
Robert Wysocki retired from District employment as an Engineer of Treatment Plant Operations 1 (ETPO 1) on April 27, 2005. Since late 2002, the District and Mr. Wysocki have been involved in litigation concerning an ETPO 1 position that became vacant on July 15, 2002. In his original lawsuit, Mr. Wysocki alleged the District should have appointed him or the other remaining candidate on the June 14, 2000 ETPO 1 eligible list to the July 15, 2002 ETPO 1 vacancy instead of another candidate from a subsequent ETPO 1 eligible list that the District posted in 2003.
Wysocki’s original lawsuit started with the Civil Service Board, then the Circuit Court of Cook County, and ultimately, the Illinois Appellate Court. In a March 1, 2005 opinion, the Illinois Appellate Court agreed with Wysocki’s contentions, determining that the District should have appointed one of the remaining candidates on the June 14, 2000 ETPO 1 eligible list instead of a candidate from the subsequent eligible list.
On May 6, 2004, Wysocki filed a second lawsuit against the District in the Circuit Court of Cook County, Case No. 04 CH 7534, which sought his appointment to the ETPO 1 position and additional damages including back pay, based upon his claim that he should have been appointed to the disputed ETPO 1 position around the time it became vacant on July 15, 2002. The District did appoint Wysocki to the ETPO 1 position on October 1, 2004, after the Appellate Court denied its request for a stay of judgment.
The District argued that Wysocki’s complaint in his second lawsuit should be dismissed because there was another action pending between the same parties for the same cause, namely, the original lawsuit. Although the Circuit Court agreed with the District’s argument, on December 26, 2007, the Illinois Appellate Court reversed the Circuit Court’s judgment and remanded the case back to the Circuit Court.
Mr. Wysocki’s litigation against the District can be settled by providing him back pay in the amount of $17,243.46, representing the difference in salary between Wysocki’s former Supervising Electrical Engineer position and the ETPO 1 position from May 1, 2003 through September 30, 2004. This additional back pay will also entitle Wysocki to an increased pension annuity.
The Attorney requests payment of that sum be approved and he be authorized to execute such documents as may be necessary to effect the settlement.
Requested, Frederick M. Feldman, Attorney, FMF:LAG:JBM:ldl
Respectfully Submitted, Terrence J. O’Brien, Chairman Committee on Judiciary
ORDERED passed by affirmative roll call vote of a majority of the Commissioners present this June 19, 2008. Approved, President Terrence J. O’Brien