Four firefighters from the Riverside Fire Department filed a complaint for administrative review against the Village of Riverside and Fire Chief Spencer Kimura. The firefighters - Thomas Bensfield, A.J. Ruska, William Ruska, and Ray Williamson - were disciplined for conduct while off-duty. They are seeking to have their suspensions rescinded and compensation for lost wages. Additionally, they argue that sections of the fire department's code of conduct are unconstitutionally vague and should be invalidated. The firefighters maintain that the disciplinary decisions were arbitrary and capricious, and not supported by the evidence. They are requesting that the court reverse the disciplinary decisions and order the Village to file the complete record of the administrative proceedings.
Four firefighters from the Riverside Fire Department filed a complaint for administrative review against the Village of Riverside and Fire Chief Spencer Kimura. The firefighters - Thomas Bensfield, A.J. Ruska, William Ruska, and Ray Williamson - were disciplined for conduct while off-duty. They are seeking to have their suspensions rescinded and compensation for lost wages. Additionally, they argue that sections of the fire department's code of conduct are unconstitutionally vague and should be invalidated. The firefighters maintain that the disciplinary decisions were arbitrary and capricious, and not supported by the evidence. They are requesting that the court reverse the disciplinary decisions and order the Village to file the complete record of the administrative proceedings.
Four firefighters from the Riverside Fire Department filed a complaint for administrative review against the Village of Riverside and Fire Chief Spencer Kimura. The firefighters - Thomas Bensfield, A.J. Ruska, William Ruska, and Ray Williamson - were disciplined for conduct while off-duty. They are seeking to have their suspensions rescinded and compensation for lost wages. Additionally, they argue that sections of the fire department's code of conduct are unconstitutionally vague and should be invalidated. The firefighters maintain that the disciplinary decisions were arbitrary and capricious, and not supported by the evidence. They are requesting that the court reverse the disciplinary decisions and order the Village to file the complete record of the administrative proceedings.
Four firefighters from the Riverside Fire Department filed a complaint for administrative review against the Village of Riverside and Fire Chief Spencer Kimura. The firefighters - Thomas Bensfield, A.J. Ruska, William Ruska, and Ray Williamson - were disciplined for conduct while off-duty. They are seeking to have their suspensions rescinded and compensation for lost wages. Additionally, they argue that sections of the fire department's code of conduct are unconstitutionally vague and should be invalidated. The firefighters maintain that the disciplinary decisions were arbitrary and capricious, and not supported by the evidence. They are requesting that the court reverse the disciplinary decisions and order the Village to file the complete record of the administrative proceedings.
THOMAS BENSFIELD, WILLIAM RUSKA, ) A.J. RUSKA and RAY WILLIAMSON, ) ) Plaintiffs, ) ) v. ) Case No. ) VILLAGE OF RIVERSIDE and ) Fire Chief SPENCER KIMURA ) ) Defendants. ) __________________________________________)
COMPLAI NT FOR ADMI NI STRATI VE REVI EW NOW COME the Plaintiffs, THOMAS BENSFIELD, A.J. RUSKA, WILLIAM RUSKA and RAY WILLIAMSON, by and through their attorneys, ELLIOT R. ZINGER ASSOCIATES, and pursuant to the Illinois Administrative Review Act, 735 ILCS 5/3 -- 101 et seq. complain of the Defendants, the VILLAGE OF RIVERSIDE and its Fire Chief, SPENCER KIMURA as follows: 1. This is a complaint for Administrative Review to review four decisions of the Village of Riverside arising from the same set of operative facts. 2. Plaintiff Thomas Bensfield (Lt. Bensfield) is a resident of the Village of North Riverside, Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the rank of Lieutenant. 3. Plaintiff A.J. Ruska (Firefighter Ruska) is a resident of the Village of Riverside, Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the rank of Firefighter. 4. Plaintiff William Ruska (Lt. Ruska) is a resident of the Village of Riverside, 2 Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the rank of Lieutenant. 5. Plaintiff Lieutenant Ray Williamson (Lt. Williamson) is a resident of the Village of Brookfield, Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the rank of Lieutenant. 6. Defendants Village of Riverside (the Village) and its Fire Chief Spencer Kimura (Chief Kimura) are located within the Village of Riverside, County of Cook. The Village and Chief Kimura are legally charged with the responsibility of hearing and deciding charges filed by the Fire Chief seeking the discipline of firefighters, such as the Plaintiffs. 7. The Village is named herein to confer jurisdiction over them by this Court pursuant to the Administrative Review Act. Decisions resulting from a hearing held by the fire chief are reviewable under the Administrative Review Act. 8. Chief Kimura is located in Cook County, Village of Riverside, Illinois, and is named herein to confer jurisdiction over him by this Court pursuant to the Administrative Review Act. 9. Lt. Bensfield, Lt. Ruska and Lt. Williamson were served with a copy of Chief Kimuras decision ordering their respective three-day suspensions on March 26, 2014. 10. Firefighter Ruska was served with a copy of the Chiefs decision ordering his suspension for three days on April 17, 2014. 11. Lt. Bensfield, Lt. Ruska and Lt. Williamson were charged alleging they, individually and collectively, failed to discipline a fellow firefighter on December 14, 2013 at 11:45 p.m., while all of them were off duty and at a local bar, following the Riverside Firemen Associations annual Christmas party. In other words, Plaintiffs were charged and later 3 disciplined for not engaging in official business while consuming alcohol off duty in a bar. 12. In fact, Lt. Ruska had not yet arrived at the subject premises at the time of the alleged incident that led to the discipline. 13. Firefighter Ruska received a 21-day suspension and a last chance agreement for, inter alia, allegedly fail[ing] to disclose his involvement in the bar incident of December 14, 2013 and violating the Riverside Fire Departments new Code of Conduct. 14. Firefighter Ruskas discipline was enhanced for a February 2013 incident wherein he allegedly tried to avoid disclosure of a license suspension taking of a leave of absence. This was despite another firefighter, Kevin Kuratko, having failed to disclose a conviction for D.U.I. and license suspension without receiving similar punishment. 15. On or about March 26, 2014, hearing on the original charges commenced with all Plaintiffs present. One other firefighter was afforded the right to counsel at the hearing. Plaintiffs were not afforded the same right. 16. Thereafter, by decisions delivered March 26, 2014 and April 14, 2014, Plaintiffs were notified in writing that the Village and Chief Kimura ordered their suspensions. (A copy of those decisions are attached as Exhibit A and incorporated by reference herein). 17. The Code of Conduct (the Code) under which Firefighter Ruska was disciplined was adopted by Chief Kimura on August 15, 2012, when he forced all firefighters to sign an acknowledgement of the code or face termination. 18. The subsections of the Code under which Plaintiff A.J. Ruska was disciplined are unconstitutionally vague and should be invalidated: 500.22 Always conduct myself, on and off duty, in a manner that reflects positively on myself, my department and the fire service in general. Accept responsibility for my actions and for the consequences of my actions.
4 510103.001 Members of the Fire Department shall be held strictly accountable for disorderly, disgraceful, or unlawful conduct or for the commission of any act tending to bring discredit or reflection upon the department while on or off duty. Additionally, no member shall engage in any conduct, on or off duty, which might adversely affect the morale or efficiency of the Fire Department.
19. Plaintiffs seek judicial review of the decisions found in Exhibit A as well as invalidation of the sections of the Code found supra, Paragraph 18. 20. Plaintiffs submit by Chief Kimuras decision he and the Village violated their procedural rights, exceeded their jurisdiction, did not proceed legally in reaching their findings and decision and prosecuted Firefighter Ruska under a constitutionally vague law. 21. Plaintiffs contend that the decisions of Chief Kimura and the Village were arbitrary and capricious and against the manifest weight of the evidence, clearly erroneous, and contrary to the governing law and regulations based on the totality of the record in this cause, including, but not limited to: a. Disregarding the procedural rules and regulations governing the rights of firefighters in such proceedings applicable to these Plaintiffs; b. Disregarding its own disciplinary scheme in regard to firefighters conduct; c. Failing to afford Plaintiffs with the right to counsel; d. Disciplining Plaintiffs for conduct committed while off duty; e. Prosecuting Firefighter. Ruska under clearly unconstitutionally vague laws; f. Failing to take into account the denial of due process to the Plaintiffs, failing to recognize the failure to follow Fire Department and village procedures, ordinances, and failing to follow its own governing rules, orders and ordinances in a timely manner seeking discipline; g. Rendering its decision in this case which is inconsistent and incompatible with 5 treatment of similarly situated employees, and failing to consider all relevant evidence and law; 22. Plaintiffs rely upon all the errors contained within the record of proceedings made at the hearing on these suspensions in support of this complaint. 23. Plaintiffs demand that the Defendants file here a complete copy of the record of proceedings held in this matter, including but not limited to all documents and pleadings and reports contained therein, the transcript of all proceedings, all exhibits, the report of the decision, and serve a copy of the record on the Plaintiff as well. WHEREFORE, Plaintiffs THOMAS BENSFIELD, A.J. RUSKA, WILLIAM RUSKA and RAY WILLIAMSON respectfully pray this Honorable Court enter an order reversing the decisions of SPENCER KIMURA and the VILLAGE OF RIVERSIDE, ordering Plaintiffs respective discipline be rescinded, compensation to Plaintiffs for lost wages, invalidation of the Code of Conduct, Sections 500.22 and 50101, and for attorneys fees pursuant to 735 ILCS 5/2, or remand for further proceedings or for any further relief the Court deems just. Respectfully submitted, ELLIOT R. ZINGER & ASSOCIATES
By: /s/ Thomas Bensfield Thomas Bensfield
By: /s/ A.J. Ruska A.J. Ruska
By: /s/ William Ruska William Ruska 6
By: /s/ Ray Williamson Ray Williamson
By: /s/ Patrick J. Walsh Patrick J. Walsh, Esq.
Patrick J. Walsh, Esq. ELLIOT R. ZINGER & ASSOCIATES Attorneys for Plaintiffs 10 South LaSalle Street, Suite 1420 Chicago, Illinois 60603 (312) 782-9464 Attorney No. 42483
In Re William B. Carey v. Roger T. Smith Elizabeth S. Smith, and Ohio Farmers Insurance Company Crawford & Company, A Corporation, 67 F.3d 293, 4th Cir. (1995)
Blanche J. Simmons, Administratrix of The Estate of Croner G. Simmons, Deceased v. Evva Gertrude King, Administratrix of The Estate of Anderson J. King, Deceased, 333 F.2d 178, 4th Cir. (1964)
Charles A. Meeker v. Carl A. Rizley, R. L. Minton, Lee H. Bullard, J. M. Burden v. P. McClain C. v. Drennan, Guy S. Hardin, and A. C. Leblanc, 346 F.2d 521, 10th Cir. (1965)
Mary Quinn v. Monroe County, James L. Roberts, County Administrator, Monroe County, Individually and in His Official Capacity, 330 F.3d 1320, 11th Cir. (2003)
Brown, Graham K. - Langer, Arnim - Building Sustainable Peace - Timing and Sequencing of Post-Conflict Reconstruction and Peacebuilding-Oxford University Press (2016)