MUNICIPAL ORDINANCE - ILLINOIS

Blanchard v. Berrios

Appellate Court of Illinois, First District, Second Division - December 8, 2015 - N.E.3d - 2015 IL App (1st) 142857 - 2015 WL 8328321

County independent inspector brought action to enforce subpoena that Office of Independent Inspector General (OIIG) directed to county assessor. The Circuit Court entered order requiring assessor to produce subpoenaed documents. Assessor appealed.

The Appellate Court held that county did not exceed constitutional authority in enacting ordinances empowering OIIG to issue subpoenas.

Ordinances purportedly empowering the Office of the Independent Inspector General (OIIG) to issue subpoenas directed to elected county officials and requiring the officials to cooperate with the OIIG did not exceed county board of commissioners’ constitutional home rule authority. Board had the power to investigate allegations that county officials had abused their powers or committed fraud in their official capacities, as the corruption of county officials pertained to the county’s government and affairs within the meaning of the state constitution.



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