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Municipal Law
For additional information, Download the Newly-Elected Officials Guide and Municipal Questions and Answers
Our clients include cities, villages, and towns
throughout the State of Illinois. We serve as the corporate attorney for
many municipalities. We also serve as special counsel to communities which
seek our assistance either through their own attorneys or directly when
they have special problems. We represent newly incorporated municipalities
as well as those that have been in existence for more than 150 years. We
have represented communities with less than 5,000 residents and those with
over 100,000 residents. Because of our experience representing municipalities,
we are often asked to write or edit books, pamphlets, and articles which
are widely used by both municipal officials and attorneys. We have originated,
written, updated or edited many publications including: Illinois Municipal
Handbook, published by the Illinois Municipal League; Municipal Law and
Practice in Illinois, published by the Illinois Institute for Continuing
Legal Education.
Frequently Asked Questions About Municipal Law
1. An alderman separates from his wife and family, and temporarily rents an apartment in a nearby community, while looking for accommodations in his ward. Can the alderman continue in office?
ANSWER: Yes. The alderman can continue in office. Generally, the test of residency in a municipality requires physical presence within the municipality with the permanent intention to remain in the community. See People ex rel. Ward v. Tueffel, 334 Ill.App.626; People ex rel. Reid v. Thomas, 2 Ill.Dec. 85. In this situation, the alderman is temporarily located outside of the municipality, seeking to resume residency within the municipality.
2. A village board meeting runs past midnight on a Thursday. Can the council adjourn the meeting to the following Wednesday without publishing notice?
ANSWER: Yes. If an announcement of the time and place of a reconvened meeting was made at the original meeting and there was no change in the agenda, there would be no need to publish notice. However, if these conditions have not been met, then the notice must be posted and given to the registered news media at least 48 hours before the reconvened meeting. 5 ILCS 120/2.02.
3. A city council has forgotten that it needed to build a large cement bin to receive its salt order. It approves a no-bid contract by a vote of 4 to 3 with the mayor breaking a tie. Is the contract valid?
ANSWER: No. If the expense for the construction of the large cement bin would exceed $10,000.00, this contract is not valid. Section 8-9-1 of the Municipal Code requires a vote of 2/3 of the alderman then holding office to waive statutory bidding requirements for any public improvement if the expense will be over $10,000. a contract in the case of an emergency would have been valid if it had received the votes of two-thirds of the aldermen or trustees.
4. Should a trustee ask that the minutes of a previous meeting be amended, prior to adoption, to contain some additional thoughts which the trustee considered but did not say at the meeting?
ANSWER: No, the minutes of a meeting are supposed to reflect what took place at that meeting. A trustee can ask to amend the minutes prior to their approval and if a majority of the Board agrees, the minutes will be approved with the addition. However, we do not believe this is appropriate. Rather, the trustee should make his/her further comments and ask that they be reflected in the minutes of the current meeting.
5. A city council votes to purchase six police cars made in a foreign country. A newspaper editorial criticizes the purchase and at the next board meeting, a motion is made to reconsider the vote. Can the purchase be appropriately reconsidered?
ANSWER: Yes. The purchase can be appropriately reconsidered, subject to certain limitations. First, a vote may not be reconsidered at a special meeting unless the same number of alderman who were present when the original vote was taken are present at the special meeting. 65 ILCS 5/3.1-40-55. Further, a council may not reconsider an action after the adjournment of a meeting where rights of others have intervened. If a check has been cashed or a contract entered into, it is too late to reconsider. In addition, if the City has adopted any rules of parliamentary procedure, such rules may contain special requirements regarding reconsideration (for instance, many rules require a motion for reconsideration to be made by a member who voted on the prevailing side of the first consideration of the matter).
Additional information on municipal law can be found in the Sample Rules of Order and Procedure for Illinois Municipalities by Stewart H. Diamond, and The Role of the Public at the Public Hearing—
An Analysis of the Klaeren vs. Village of Lisle Case by Keri Lyn J. Krafthefer
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