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October 2010 issue of HR News magazine - IPMA

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labor relatioNs<br />

CONTINUED FROM PAGE 25<br />

encouraged his daughter to file an EEOC<br />

charge. These form the basis <strong>of</strong> his First<br />

amendment suit.<br />

The Seventh Circuit rejected both<br />

arguments, finding that there was nothing<br />

in the record showing that the speech was<br />

on a matter <strong>of</strong> public concern. Rather, he<br />

only mentioned his daughter, failed to<br />

discuss the nature <strong>of</strong> the problem or who<br />

was involved and took no further action.<br />

Similarly, encouraging his daughter to file<br />

an EEOC charge is not protected speech<br />

because there is no evidence that he did<br />

anything more than talk to his daughter. He<br />

did not participate in the charge in any way.<br />

The town <strong>of</strong> Cicero countersued, arguing<br />

that Gross breached his fiduciary duty to<br />

the city. Gross testified that he at times<br />

hired police <strong>of</strong>ficers he did not feel were<br />

qualified because he was directed by<br />

Loren-Maltese to do so. The city’s suit<br />

alleges that he breached his fiduciary duty<br />

by doing this because his job<br />

responsibilities including hiring police<br />

<strong>of</strong>ficers. The lower court ruled in the town’s<br />

favor on summary judgment but the<br />

Seventh Circuit ruled that this is an <strong>issue</strong><br />

for a jury because there is a question <strong>of</strong><br />

fact as to whether or not there was an<br />

arrangement between Loren-Maltese that<br />

Gross and his daughter would remain<br />

employed if Gross hired the <strong>of</strong>ficers Loren-<br />

Maltese wanted.<br />

The court noted that simply following a<br />

superior’s directions would not be a<br />

breach <strong>of</strong> the fiduciary duty without more.<br />

In addition, all the <strong>of</strong>ficers hired were<br />

qualified under Illinois law. —N<br />

Contact <strong>IPMA</strong>-<strong>HR</strong> Senior Director <strong>of</strong><br />

Government Affairs and Communications Tina<br />

Ott Chiappetta, either by e-mail at<br />

tchiappetta@ipma-hr.org, or by phone at (703)<br />

549-7100, ext. 244.<br />

Solutions for people who pay people.<br />

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St. Paul, MN 55109-5260<br />

Phone: (651) 635-0976 Fax: (651) 635-0980<br />

P.O. Box 32985 • Phoenix, AZ 85064-2985<br />

Phone: (602) 840-1070 Fax: (602) 840-1071<br />

www.foxlawson.com<br />

| 26 | OCTOBER <strong>2010</strong> <strong>HR</strong> NEWS MAGAZINE

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