Bovinette v. City of Mascoutah

Plaintiff, Ernest E. Bovinette, filed a complaint for declaratory judgment in the circuit court of St. Clair County contending that his employment as chief of police of the City of Mascoutah had been wrongfully terminated and that he is entitled to that office and to the salary. The City filed a motion to dismiss the complaint, which the circuit court allowed. The appellate court affirmed the trial court (7 Ill. App.3d 492), and we granted leave to appeal. The complaint alleges that the City of Mascoutah on February 1, 1971, became subject to the provisions of division 2.1 of article 10 of the Illinois Municipal Code (Ill. Rev. Stat. 1969, ch. 24, par. 10-2.1-1 et seq.). Division 2.1 provides for the creation of a Board of Fire and Police Commissioners and specifies its authority. The complaint further alleges that no charge were ever filed against the plaintiff with the Board of Fire and Police Commissioners and that no hearing was held. He contends that he was wrongfully discharged in that he was not discharged by the Board of Fire and Police Commissioners as required by statute.