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WEBER v. BD. OF FIRE & POLICE COM'RS

No. 1-89-2524.

562 N.E.2d 318 (1990)

204 Ill. App.3d 358

149 Ill.Dec. 854

Steve WEBER, Plaintiff-Appellee, v. BOARD OF FIRE AND POLICE COMMISSIONERS OF the VILLAGE OF WHEELING; Mary Ellen Westrich, Commissioner; John Shelk, Commissioner; Mr. Weitlauf, Commissioner; Susan Musick, Personnel Office of the Village of Wheeling; Michael Haeger, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

September 28, 1990.

Attorney(s) appearing for the Case

Klein, Thorpe and Jenkins, Ltd. Chicago (Arthur C. Thorpe, Patrick L. Lucansky, of counsel), for defendants-appellants.

James A. Rhodes, Wheeling, James A. Rhodes for defendants-appellants.

Noel T. Wroblewski, Combined Counties Police Ass'n, Wheeling (Noel T. Wroblewski, of counsel), for plaintiff-appellee.

Justice O'CONNOR delivered the opinion of the court:

Wheeling police officer Stephen Weber sent a letter of resignation, with a subsequent effective date, to the Board of Fire and Police Commissioners. Before the effective date, Weber asked the Board to grant him a leave of absence in lieu of resignation. The Board refused, maintaining that because Weber's resignation was irrevocable when filed with the Board, it had no jurisdiction to consider Weber's request. Weber...

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