IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

THOMAS BENSFIELD, WILLIAM RUSKA, )
A.J. RUSKA and RAY WILLIAMSON, )
)
Plaintiffs, )
)
v. ) Case No.
)
VILLAGE OF RIVERSIDE and )
Fire Chief SPENCER KIMURA )
)
Defendants. )
__________________________________________)

COMPLAI NT FOR ADMI NI STRATI VE REVI EW
NOW COME the Plaintiffs, THOMAS BENSFIELD, A.J. RUSKA, WILLIAM RUSKA
and RAY WILLIAMSON, by and through their attorneys, ELLIOT R. ZINGER ASSOCIATES,
and pursuant to the Illinois Administrative Review Act, 735 ILCS 5/3 -- 101 et seq. complain of
the Defendants, the VILLAGE OF RIVERSIDE and its Fire Chief, SPENCER KIMURA as
follows:
1. This is a complaint for Administrative Review to review four decisions of the
Village of Riverside arising from the same set of operative facts.
2. Plaintiff Thomas Bensfield (Lt. Bensfield) is a resident of the Village of North
Riverside, Cook County, Illinois, and is employed by the Village of Riverside Fire Department,
holding the rank of Lieutenant.
3. Plaintiff A.J. Ruska (Firefighter Ruska) is a resident of the Village of Riverside,
Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the
rank of Firefighter.
4. Plaintiff William Ruska (Lt. Ruska) is a resident of the Village of Riverside,
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Cook County, Illinois, and is employed by the Village of Riverside Fire Department, holding the
rank of Lieutenant.
5. Plaintiff Lieutenant Ray Williamson (Lt. Williamson) is a resident of the
Village of Brookfield, Cook County, Illinois, and is employed by the Village of Riverside Fire
Department, holding the rank of Lieutenant.
6. Defendants Village of Riverside (the Village) and its Fire Chief Spencer
Kimura (Chief Kimura) are located within the Village of Riverside, County of Cook. The
Village and Chief Kimura are legally charged with the responsibility of hearing and deciding
charges filed by the Fire Chief seeking the discipline of firefighters, such as the Plaintiffs.
7. The Village is named herein to confer jurisdiction over them by this Court
pursuant to the Administrative Review Act. Decisions resulting from a hearing held by the fire
chief are reviewable under the Administrative Review Act.
8. Chief Kimura is located in Cook County, Village of Riverside, Illinois, and is
named herein to confer jurisdiction over him by this Court pursuant to the Administrative
Review Act.
9. Lt. Bensfield, Lt. Ruska and Lt. Williamson were served with a copy of Chief
Kimuras decision ordering their respective three-day suspensions on March 26, 2014.
10. Firefighter Ruska was served with a copy of the Chiefs decision ordering his
suspension for three days on April 17, 2014.
11. Lt. Bensfield, Lt. Ruska and Lt. Williamson were charged alleging they,
individually and collectively, failed to discipline a fellow firefighter on December 14, 2013 at
11:45 p.m., while all of them were off duty and at a local bar, following the Riverside Firemen
Associations annual Christmas party. In other words, Plaintiffs were charged and later
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disciplined for not engaging in official business while consuming alcohol off duty in a bar.
12. In fact, Lt. Ruska had not yet arrived at the subject premises at the time of the
alleged incident that led to the discipline.
13. Firefighter Ruska received a 21-day suspension and a last chance agreement
for, inter alia, allegedly fail[ing] to disclose his involvement in the bar incident of December
14, 2013 and violating the Riverside Fire Departments new Code of Conduct.
14. Firefighter Ruskas discipline was enhanced for a February 2013 incident wherein
he allegedly tried to avoid disclosure of a license suspension taking of a leave of absence. This
was despite another firefighter, Kevin Kuratko, having failed to disclose a conviction for D.U.I.
and license suspension without receiving similar punishment.
15. On or about March 26, 2014, hearing on the original charges commenced with all
Plaintiffs present. One other firefighter was afforded the right to counsel at the hearing.
Plaintiffs were not afforded the same right.
16. Thereafter, by decisions delivered March 26, 2014 and April 14, 2014, Plaintiffs
were notified in writing that the Village and Chief Kimura ordered their suspensions. (A copy
of those decisions are attached as Exhibit A and incorporated by reference herein).
17. The Code of Conduct (the Code) under which Firefighter Ruska was disciplined
was adopted by Chief Kimura on August 15, 2012, when he forced all firefighters to sign an
acknowledgement of the code or face termination.
18. The subsections of the Code under which Plaintiff A.J. Ruska was disciplined are
unconstitutionally vague and should be invalidated:
500.22 Always conduct myself, on and off duty, in a manner that reflects
positively on myself, my department and the fire service in general. Accept
responsibility for my actions and for the consequences of my actions.

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510103.001 Members of the Fire Department shall be held strictly accountable
for disorderly, disgraceful, or unlawful conduct or for the commission of any act
tending to bring discredit or reflection upon the department while on or off duty.
Additionally, no member shall engage in any conduct, on or off duty, which might
adversely affect the morale or efficiency of the Fire Department.

19. Plaintiffs seek judicial review of the decisions found in Exhibit A as well as
invalidation of the sections of the Code found supra, Paragraph 18.
20. Plaintiffs submit by Chief Kimuras decision he and the Village violated their
procedural rights, exceeded their jurisdiction, did not proceed legally in reaching their findings
and decision and prosecuted Firefighter Ruska under a constitutionally vague law.
21. Plaintiffs contend that the decisions of Chief Kimura and the Village were
arbitrary and capricious and against the manifest weight of the evidence, clearly erroneous, and
contrary to the governing law and regulations based on the totality of the record in this cause,
including, but not limited to:
a. Disregarding the procedural rules and regulations governing the rights of
firefighters in such proceedings applicable to these Plaintiffs;
b. Disregarding its own disciplinary scheme in regard to firefighters conduct;
c. Failing to afford Plaintiffs with the right to counsel;
d. Disciplining Plaintiffs for conduct committed while off duty;
e. Prosecuting Firefighter. Ruska under clearly unconstitutionally vague laws;
f. Failing to take into account the denial of due process to the Plaintiffs, failing to
recognize the failure to follow Fire Department and village procedures,
ordinances, and failing to follow its own governing rules, orders and ordinances in
a timely manner seeking discipline;
g. Rendering its decision in this case which is inconsistent and incompatible with
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treatment of similarly situated employees, and failing to consider all relevant
evidence and law;
22. Plaintiffs rely upon all the errors contained within the record of proceedings made
at the hearing on these suspensions in support of this complaint.
23. Plaintiffs demand that the Defendants file here a complete copy of the record of
proceedings held in this matter, including but not limited to all documents and pleadings and
reports contained therein, the transcript of all proceedings, all exhibits, the report of the decision,
and serve a copy of the record on the Plaintiff as well.
WHEREFORE, Plaintiffs THOMAS BENSFIELD, A.J. RUSKA, WILLIAM RUSKA
and RAY WILLIAMSON respectfully pray this Honorable Court enter an order reversing the
decisions of SPENCER KIMURA and the VILLAGE OF RIVERSIDE, ordering Plaintiffs
respective discipline be rescinded, compensation to Plaintiffs for lost wages, invalidation of the
Code of Conduct, Sections 500.22 and 50101, and for attorneys fees pursuant to 735 ILCS
5/2, or remand for further proceedings or for any further relief the Court deems just.
Respectfully submitted,
ELLIOT R. ZINGER & ASSOCIATES

By: /s/ Thomas Bensfield
Thomas Bensfield



By: /s/ A.J. Ruska
A.J. Ruska



By: /s/ William Ruska
William Ruska
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By: /s/ Ray Williamson
Ray Williamson



By: /s/ Patrick J. Walsh
Patrick J. Walsh, Esq.





Patrick J. Walsh, Esq.
ELLIOT R. ZINGER & ASSOCIATES
Attorneys for Plaintiffs
10 South LaSalle Street, Suite 1420
Chicago, Illinois 60603
(312) 782-9464
Attorney No. 42483