Kloss v. Board of Fire & Police Comm'Rs

Plaintiff, Gerard Kloss, was discharged by the defendant board of fire and police commissioners from his position as a Mundelein police officer on the basis of charges filed by defendant Arthur Glitz, chief of police for the village of Mundelein. On administrative review, the circuit court of Lake County reversed the board's findings and ordered plaintiff reinstated with back pay. Defendants appealed, and our appellate court, in a divided opinion, remanded the cause for imposition of a sanction less severe than discharge. (108 Ill. App.3d 8.) We granted defendants' petition for leave to appeal. 87 Ill.2d R. 315. Plaintiff's discharge stemmed from an incident which occurred at his apartment building on the evening of October 9, 1978. Although the record does not permit a detailed reconstruction of the events, the following facts were presented in testimony before the board. Officer Raymond Newman, a neighbor and co-worker of plaintiff, heard a disturbance in the corridor of the apartment building and found plaintiff's fiancee, Debbie Guthrie, in a hysterical state. She told Officer Newman that plaintiff, who was still within his apartment, was threatening to commit suicide. After she had partially regained her composure, Miss Guthrie and Officer Newman went to plaintiff's apartment, but when they tried to enter, plaintiff slammed the door shut, shouting that he wanted to be left alone. Miss Guthrie returned to Officer Newman's apartment while Officer Newman continued to attempt to speak with plaintiff. Plaintiff entered the corridor and Officer Newman observed that he was not acting himself. Although he was shouting when he entered the hallway, plaintiff became relatively calm after Officer Newman held him against a wall. After a moment, however, he again became agitated and, after breaking free, ran back into his apartment. Officer Newman returned to his own apartment, where he discovered that his wife had called either the police or the fire department rescue squad.