E-Notice

To: Patrick Joseph Walsh

pw.ezingerlaw@yahoo.com

2014-CH-07348

CALENDAR: 04

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

The transmission was received on 04/29/2014 at 3:36 PM and was ACCEPTED withthe Clerk of the Circuit Court of Cook County on 04/29/2014 at 4:04 PM.

THOMAS BENSFIELD vs. VILLAGE OF RIVERSIDE

2014-CH-07348

DOROTHY BROWN

CLERK OF THE CIRCUIT COURT

COOK COUNTY

RICHARD J. DALEY CENTER, ROOM 1001

CHICAGO, IL 60602

(312) 603-5031

courtclerk@cookcountycourt.com

Filer's Email: pw.ezingerlaw@yahoo.com

Filer's Fax: (312) 782-7676

Notice Date: 4/29/2014 4:04:19 PM

Total Pages: 13

CHANCERY_ACTION_COVER_SHEETRichTextBox1

SUMMONSRichTextBox1

SUMMONSRichTextBox1

COMPLAINTRichTextBox1

FINAL DECISION/DETERMINATION FILEDRichTextBox1

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IN THE CIRCUIT CIVIL COURT OF COOK COUNTY, ILLINOIS

} No.

THOMAS BENSFIELD

v.

VILLAGE OF RIVERSIDE

Plantiff

Defendant

CHANCERY DIVISION CIVIL COVER SHEET

COUNTY DEPARTMENT, COUNTY DIVISION

GENERAL CHANCERY SECTION

A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint

in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for

administrative purposes only. Please check the line in front of the appropriate category which best characterizes

your action being filed.

By: /s PATRICK JOSEPH WALSHPro SeAttorney

0005 Administrative Review

0001 Class ActionDeclaratory Judgment0002Injunction0004

General Chancery0007Accounting0010Arbitration0011Certiorari0012Dissolution of Corporation0013Dissolution of Partnership0014Equitable Lien0015Interpleader0016Mandamus0017Ne Exeat0018

Partition0019Quiet Title0020Quo Warranto0021Redemption Rights0022Reformation of a Contract0023Rescission of a Contract0024Specific Performance0025Trust Construction0026

Other (specify)

THOMAS BENSFIELD

Atty. No.:Name:

Address:Atty. for:

Telephone:City/State/Zip:

42483Patrick Joseph Walsh

Chicago, IL 6060310 South LaSalle Street, Suite 1420

(312) 782-9464

0027 Foreign Transcript

0085 Petition to Register Foreign Judgment

Chancery Division Civil Cover Sheet - General Chancery Section (Rev. 6/15/09) CCCH 0623

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

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CIRCUIT COURT OFCIRCUIT COURT OFCIRCUIT COURT OFCIRCUIT COURT OFCOOK COUNTY, ILLINOISCOOK COUNTY, ILLINOISCOOK COUNTY, ILLINOISCOOK COUNTY, ILLINOIS

CHANCERY DIVISIONCHANCERY DIVISIONCHANCERY DIVISIONCHANCERY DIVISIONCLERK DOROTHY BROWNCLERK DOROTHY BROWNCLERK DOROTHY BROWNCLERK DOROTHY BROWN

IN THE NAME OF THE PEOPLE OF THE STATE OF ILLINOISCOUNTY DEPARTMENT/ DISTRICT/DIVISIONCHANCERY

} Court Case No.: 2014-CH-07348THOMAS BENSFIELD

v.

SPENCER KIMURA

Court Date: 8/27/2014

Court Time: 0930 Room No.:

SUMMONS IN ADMINISTRATIVE REVIEW

To each defendant:

YOU ARE SUMMONED and required to file an answer in this case or otherwise file your appearance in theoffice of the Clerk of this Court located atRichard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602, within 35 days after the date of this

This summons is served upon you by registered or certified mail pursuant to the provisions of

Chancery Division, Room 802 County Division, Room 1202,

summons.

735 ILCS 5/3-101, et seq.

THOMAS BENSFIELD

Atty. No.:Name:

Address:Atty. for:

Telephone:City/State/Zip:

42483PATRICK JOSEPH WALSH

CHICAGO, IL 6060310 SOUTH LASALLE STREET, SUITE

(312) 782-9464

WITNESS Tuesday, 29 April 2014,

/s DOROTHY BROWNClerk of Court

CERTIFICATE OF MAILING

On Tuesday, 29 April 2014, , I sent by registered mail a copy of this summons toeach defendant addressed as follows:

SPENCER KIMURA

Defendant27 RIVERSIDE ROAD

RIVERSIDE, IL 60546

Address

Dated: Tuesday, 29 April 2014,

/s DOROTHY BROWNClerk of Court

2129 - Served

(Rev. 8/23/01) CCG 06002229 - Not Served2329 - Served by (This form replaces CCCH 0060)

/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

IN THE NAME OF THE PEOPLE OF THE STATE OF ILLINOISCOUNTY DEPARTMENT/ DISTRICT/DIVISIONCHANCERY

} Court Case No.: 2014-CH-07348THOMAS BENSFIELD

v.

VILLAGE OF RIVERSIDE

Court Date: 8/27/2014

Court Time: 0930 Room No.:

SUMMONS IN ADMINISTRATIVE REVIEW

To each defendant:

YOU ARE SUMMONED and required to file an answer in this case or otherwise file your appearance in theoffice of the Clerk of this Court located atRichard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602, within 35 days after the date of this

This summons is served upon you by registered or certified mail pursuant to the provisions of

Chancery Division, Room 802 County Division, Room 1202,

summons.

735 ILCS 5/3-101, et seq.

THOMAS BENSFIELD

Atty. No.:Name:

Address:Atty. for:

Telephone:City/State/Zip:

42483PATRICK JOSEPH WALSH

CHICAGO, IL 6060310 SOUTH LASALLE STREET, SUITE

(312) 782-9464

WITNESS Tuesday, 29 April 2014,

/s DOROTHY BROWNClerk of Court

CERTIFICATE OF MAILING

On Tuesday, 29 April 2014, , I sent by registered mail a copy of this summons toeach defendant addressed as follows:

VILLAGE OF RIVERSIDE

Defendant27 RIVERSIDE ROAD

RIVERSIDE, IL 60546

Address

Dated: Tuesday, 29 April 2014,

/s DOROTHY BROWNClerk of Court

2129 - Served

(Rev. 8/23/01) CCG 06002229 - Not Served2329 - Served by (This form replaces CCCH 0060)

/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

THOMAS BENSFIELD, WILLIAM RUSKA, )

A.J. RUSKA and RAY WILLIAMSON, )

)

Plaintiffs, )

)

v. ) Case No.

)

VILLAGE OF RIVERSIDE and )

Fire Chief SPENCER KIMURA )

)

Defendants. )

__________________________________________)

COMPLAINT FOR ADMINISTRATIVE REVIEW

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,

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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

Kimura’s decision ordering their respective three-day suspensions on March 26, 2014.

10. Firefighter Ruska was served with a copy of the Chief’s 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

Association’s annual Christmas party. In other words, Plaintiffs were charged and later

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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 Department’s new “Code of Conduct.”

14. Firefighter Ruska’s 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.”

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“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 Kimura’s 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

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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 attorney’s 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

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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

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2014-CH-073482014-CH-073482014-CH-073482014-CH-07348CALENDAR: 04

PAGE 1 of 3CIRCUIT COURT OF

COOK COUNTY, ILLINOISCHANCERY DIVISION

CLERK DOROTHY BROWN

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