The System News

              In a normal fiscal year, the Merit Board
considers and takes action on approximately
ten to fifteen discharge cases. Since its
inception, the Merit Board has only
considered two options in its deliberations on
these discharge cases, either to completely
reinstate the employee with no loss of
compensation or to concur with the
discharge recommendation. At its most
recent meeting, the Merit Board considered
the possibility of adding another component
to the reinstatement option, a 60-day
retroactive suspension. The Merit Board
approved the circulation of a fundamental
administrative rule change proposal that
would formally capture this option. In the
months to come, the Merit Board will be
considering further public opinion on this
matter and this rule change proposal.
and variance of orders issued by the Merit
Board in discharge cases appealed to that body.
Briefly, the case in point involved an appeal to
the Merit Board of a recommended discharge
by an employee at one of the major universities
served by the State Universities Civil Service
System. After careful deliberations and
consistent with procedural guidelines, the
Merit Board did not support the recommended
discharge and reinstated the employee. Upon
reinstatement, the University issued a 30-day
suspension to the employee, indicating that
while the disciplinary infraction may not have
risen to the level of discharge, it required some
disciplinary action and therefore the 30-day
suspension was issued. In response to this
action, the employee asked for the local State's
Attorney Office to provide some direction on
this action. Subsequently, through an informal
For some time, the Merit Board has opinion letter, the local State's Attorney Office the Merit Board to request an opinion from the
questioned the extent of their authority in informed the University that their suspension Illinois Attorney General's Office regarding the
discharge matters. Case history provided action conflicted with the State Universities following issues:
little direction and conflicting legal opinions Civil Service Act and raised double jeopardy
evolved. Most recently though, matters concerns for the employee. The employee was 1. Wh e t h e r, u p o n re i n s t a teme nt o f
surrounding a specific discharge case before therefore reinstated with back pay and no employment, an employer can suspend an
the Merit Board provided an opportunity to further penalty. employee for the same conduct that served
request an opinion from the Illinois Attorney as the basis of discharge proceedings when
General's Office regarding the jurisdiction This case therefore provided the framework for
Merit Board Considers
Alternative 60-Day Suspension
Order in Discharge Cases
the|system|news
tom|morelock
executive|director
SUCSS Commitment to Excellence
Volume 6 | Issue 2 | 2008
p2
Legal Update
p4
Boards
p6
What’s New
p10
Profiles
State Universities Civil Service System
1717 Philo Road, Suite 24
Urbana, IL 61802
ph: 217.278.3150
FAX: 217.278.3159
TTY: 217.278.3160 Rule Revisions Updates on the Merit
Board and other
Committees
See the changes
taking place at the
System Office
Read profiles on our
two new Merit Board
members
continued on page 11