Madison County Associate Judge Ronald Foster has denied the Metro East Sanitary District’s motion to dismiss a former employee’s amended complaint alleging he was terminated without cause by a “newly Democratic-controlled MESD board” based on previous political support.
In an order filed March 15, Foster held that the Metro East Sanitary District (MESD), Metro East Sanitary District Board of Commissioners and MESD Board Executive Director Rich Fancher failed to support their claim that plaintiff Cedric Irby’s 2020 contract was void.
Foster agreed with Irby’s argument that the MESD’s executive director has the ability to set the terms and conditions of appointment.
Foster wrote that Irby’s contract included conditions for early termination including, for cause, death or resignation.
He added that Irby’s amended complaint asserts sufficient allegations against the defendants to assert their liability and sufficient allegations of First Amendment violations.
“Taking the allegations in a light most favorable to the plaintiff, he alleges that but for his lack of Democratic Party affiliation he would not have been terminated, that he was hired by and associated with Republican administration, gave money to Republican candidates,” Foster wrote. “Plaintiff further alleges in his amended complaint through paragraphs 2, 16, 35, 57 and 72 that consistent with MESD policy or custom when the partisan majority shifted on the Board he was terminated without cause, notice or opportunity to be heard consistent with others associated with the Republican Party.”
The defendants filed their motion to dismiss on July 1, 2021, through attorney Thomas Ysursa of Becker Hoerner & Ysursa PC in Belleville.
The defendants argued that the plaintiff’s Jan. 16, 2020, Employment Agreement is void because the executive director only had the authority to appoint Irby but did not have the authority to enter into the written agreement.
“Plaintiff may argue that the power to contract is inherent in the power to appoint,” Ysursa wrote. “However, it may be possible for Executive Director to appoint, but the decision as to terms and conditions such as compensation, for cause termination, and severance must be approved by the corporate authority of MESD, i.e., the Board.”
“To hold otherwise would allow an Executive Director to appoint anyone and pay them any sum of money with no ability of the MESD Board to approve or disapprove of the appointment,” he added.
The defendants argued Irby was “at best an at-will employee.”
They added that because he was an at-will employee, he had no right to a pre-termination hearing.
“Illinois is an at-will employment state and an employer may terminate an employee for any reason or no reason,” Ysursa wrote.
The defendants also argued that Irby failed to state a cause of action for violation of his First Amendment Rights.
“Plaintiff makes numerous allegations of political patronage and cites that plaintiff has given money to Republicans before but there are no allegations that plaintiff was terminated for the exercising of his First Amendment Rights,” Ysursa wrote. “In fact, plaintiff states that he does not identify with any political party.”
Additionally, the defendants argued that Irby failed to allege acts by the MESD Board of Commissioners and the MESD cannot be held liable for the acts of its agents.
Irby filed an amended complaint alleging wrongful termination and breach of contract on April 21, 2021, through attorney Gail Eisenberg of Loftus & Eisenberg in Chicago after his original complaint was dismissed by Madison County Circuit Judge Dennis Ruth.
“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, 2021.
Madison County Circuit Court case number 21-L-77