Swinkle v. The Illinois Civil Service Commission

              NO. 4-08-0314 Filed 1/15/09
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
GERALD SWINKLE,
Petitioner-Appellant,
v.
THE ILLINOIS CIVIL SERVICE COMMISSION,
THE ILLINOIS LIQUOR CONTROL
COMMISSION, THE ILLINOIS DEPARTMENT OF
REVENUE, and THE ILLINOIS DEPARTMENT
OF CENTRAL MANAGEMENT SERVICES,
Respondents-Appellees.
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Appeal from
Circuit Court of
Sangamon County
No. 07MR464
Honorable
Patrick J. Londrigan,
Judge Presiding.
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PRESIDING JUSTICE McCULLOUGH delivered the opinion of
the court:
Petitioner, Gerald Swinkle, appeals from a March 28,
2008, circuit court ruling affirming the administrative decision
of respondent, the Illinois Civil Service Commission (Civil
Service Commission), denying him an evidentiary hearing on his
claim against respondent, Illinois Liquor Control Commission
(Liquor Commission) alleging its hiring practices violated the
veteran’s preference provision of the Personnel Code (Code) (20
ILCS 415/8b.7(f) (West 2006)).
Petitioner argues the Civil Service Commission erred in
concluding that (1) to be entitled to an evidentiary hearing,
petitioner needed to establish a violation of the Code by a
preponderance of the evidence and (2) petitioner failed to raise
an issue of fact or law warranting a hearing.
Respondents argue because petitioner did not file a
timely notice of appeal, this court lacks jurisdiction to con-