2017 IL App (2d) 170758
Ill. App. Ct.2018Background
- Arthur G. Jaros Jr. was appointed in August 2015 to a six-year term on the Downers Grove public library board under the Illinois Local Library Act and the Village code.
- Downers Grove is a home-rule municipality with a commission form of government; its code (§2.53.1(d)) authorizes the Village Council (four-member vote) to remove members it appoints.
- Jaros sought injunctive and declaratory relief after the Village Council voted (Sept. 5, 2017) to remove him; the trial court denied a preliminary injunction and concluded the ordinance was within home-rule power.
- Jaros’s amended complaint (counts IV and V) sought (IV) a declaration that §2.53.1(d) exceeded home-rule authority and (V) an injunction preventing his removal.
- Primary legal disputes: whether §4-4 of the Library Act limits municipal discretionary removal of trustees, whether the Village’s removal power exceeds its home-rule authority (Art. VII, §6), and whether Jaros showed likelihood of success and irreparable harm for preliminary relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §4-4 of the Library Act limits municipal discretionary removal of library trustees | §4-4 governs vacancies/removal, so state statute controls per Village §2.53.1(b); removal must be limited to §4-4 situations | §4-4 lists only mandatory vacancies; it does not address discretionary removals; Village ordinance governs where statute is silent | Court: §4-4 declares automatic vacancies but does not bar discretionary removal; Village §2.53.1(d) is not precluded by §4-4 |
| Whether the Village needed a referendum under Art. VII, §6(f) to authorize removal power | Removing a trustee before term expiration alters form of government or officer terms, requiring referendum | §2.53.1(d) does not change municipal form of government or core officers; library trustees are not officers within §6(f) requiring referendum | Court: No referendum required; trustees are not officers for §6(f) purposes and ordinance does not alter form of government |
| Whether the Village exceeded its home-rule power under Art. VII, §6(a) by removing a trustee | Village library is an independent local government unit; Village action does not pertain to Village "government and affairs" | Home-rule powers extend to local libraries created within municipal boundaries absent specific legislative preemption; legislature did not expressly preempt | Court: Exercise pertains to Village government/affairs and legislature has not expressly limited home-rule power; ordinance valid |
| Whether Jaros demonstrated likelihood of success and irreparable harm to obtain a preliminary injunction | Removal violated statute/ordinance and his property/liberty interests, so injunction required | Jaros failed to show likelihood of success on merits or separate due-process deprivation | Court: Jaros failed to show likelihood of success or adequate basis for irreparable harm; injunction denied |
Key Cases Cited
- Schillerstrom Homes, Inc. v. City of Naperville, 198 Ill. 2d 281 (2001) (three-part test for home-rule exercise; later refined)
- Palm v. 2800 Lake Shore Drive Condominium Ass’n, 2013 IL 110505 (2013) (current two-part home-rule test; requirement of express legislative preemption)
- City of Rockford v. Gill, 75 Ill. 2d 334 (1979) (home-rule authority over local library tax; inquiry focuses on express legislative preemption)
- Pechous v. Slawko, 64 Ill. 2d 576 (1976) (ordinance reallocating executive appointment/removal powers altered form of government and required referendum)
- Kotte v. Normal Board of Fire & Police Commissioners, 269 Ill. App. 3d 517 (1995) (ordinance delegating appointment authority did not alter form of government when it did not shift core executive/legislative powers)
- Paglini v. Police Board, 61 Ill. 2d 233 (1975) (definition of "officers" under Art. VII, §6(f) is limited to officers in the form/structure of municipal government)
- Board of Education of School District No. 150 v. City of Peoria, 76 Ill. 2d 469 (1979) (home-rule action invalid as applied where legislature retained plenary authority—context: schools)