A former Metro East Sanitary District employee claims he was wrongfully terminated by a “newly Democratic-controlled MESD board” with a history of rewarding political supporters.
“Unfortunately, the MESD has long made employment decisions based on political affiliations at great risk to those living within its jurisdiction and detriment of public trust in the government and morale of government employees,” plaintiff Cedric Irby’s suit states.
Irby filed an amended complaint alleging wrongful termination and breach of contract on April 21 through attorney Gail Eisenberg of Loftus & Eisenberg in Chicago after his original complaint was dismissed by Madison County Circuit Judge Dennis Ruth on March 23.
Irby’s amended complaint names Metro East Sanitary District, Metro East Sanitary District Board of Commissioners and MESD Board Executive Director Rick Fancher as defendants.
“Plaintiff Cedric Irby brings this lawsuit to rectify the injustice of political patronage not only to him, but to the people living in the MESD’s boundaries,” Eisenberg wrote. “Irby, who was hired by and associated with a Republican administration, was terminated from the MESD without cause, notice, or opportunity to be heard, at the same meeting at which a new Democratic Executive Director was appointed by a newly Democratic-controlled MESD Board of Commissioners, in violation of not only his employment contract, but his first and fourteenth amendment rights.”
According to his amended complaint, Irby alleges the Metro East Sanitary District regularly hires employees based on political party affiliation. He claims he submitted a job application to the Madison County Administrative Services Office in response to a job posting in 2018. Irby claims he was recommended for the position and did not have any prior involvement in political activities. He also allegedly did not know anyone who worked for MESD at the time. Before applying for the position with MESD, Irby served in the U.S. Army for three years, served as a correctional officer and sergeant for 16 years, worked as a deputy juvenile officer for 13 years and served as a public special education school teacher for nine years.
Irby was hired as the St. Clair County Deputy Superintendent on June 27, 2018, by former Executive Director Stephen Adler. Then on Jan. 17, 2019, Irby was promoted to St. Clair County Maintenance Superintendent. In December 2019, the board unanimously voted to replace Adler with Andrew Economy, who presented a new employment contract to Irby for a salary of $85,457.66. Adler was given the position of chief deputy executive director with Donal Sawicki as deputy executive director.
Then on Jan. 21, 2020, Economy was replaced with Fancher as executive director.
“According to the minutes of the January 21, 2020 MESD meeting, Fancher’s ‘First order of business would be to remove Steve Adler, Dan Sawicki and Cedric Irby as employees,’” the suit states.
Fancher allegedly gave no reasons for the terminations, and the board unanimously concurred in a roll call vote.
“The same day, Fancher requested Irby report to the main MESD office to turn in his keys, truck, and cell phone. Fancher informed Irby that the MESD board would make a final determination on his exit compensation,” the suit states.
However, Irby alleges he was not given any severance owed under the employment agreement. Irby was replaced by his former foreman, Scott Hillman, who he claims is involved with the Granite City Township Democratic Precinct Committeemen.
“Irby does not identify with any political party but has made publicly reported contributions to Republican candidate Kurt Prenzler, whose campaign website seeks donations to ‘combat the Democratic machine,’” the suit states.
Irby claims there is a “widespread practice of political patronage” within the MESD, “which rewards supporters with promotions and jobs within MESD and punishes those who do not agree with the prevailing political party.”
He also alleges the MESD board failed to intervene in Fancher’s alleged actions.
“MESD’s failure to train, supervise, and discipline its officers and employees effectively condones, ratifies, and sanctions the kind of misconduct alleged herein,” the suit states.
As a result of the defendants’ alleged actions, Irby claims he lost his employment and benefits and suffered embarrassment, humiliation and stigma associated with being terminated.
He seeks a judgment reinstating him with full seniority and benefits, including back pay and compensation to fully restore his IMRF retirement, compensatory damages, punitive damages, interest, court costs and attorney’s fees.
Irby filed his original two-page complaint pro se on Jan. 20.
Defendant Metro East Sanitary District sought to dismiss the original complaint on March 1 through attorney Thomas Ysursa of Becker Hoerner & Ysursa PC in Belleville.
The defendant argued that Irby failed to include a copy of any alleged contracts and failed to provide any terms and conditions from the alleged contracts.
“A plaintiff who alleges breach of contract is statutorily required to attach the contract at issue to its complaint,” Ysursa wrote.
The defendant also argued that the original complaint failed to state a cause of action by making conclusory statements without any facts.
Ruth granted the motion without prejudice and gave Irby time to file an amended complaint.
Madison County Circuit Court case number 21-L-77