2024 IL App (1st) 230926
Ill. App. Ct.2024Background
- In 2021, Niles, Illinois voters adopted a referendum ("the Referendum") shifting selection of the village's ethics board members from appointment by the village board to election by voters.
- The village clerk refused to certify the Referendum for the ballot, arguing it was unconstitutional; court intervention required it to be placed on the ballot.
- The Referendum passed overwhelmingly in 2021, and a subsequent attempt to repeal it via another referendum narrowly failed in 2022.
- Plaintiff Schittino, a Niles voter, challenged the Referendum’s constitutionality under the Illinois Constitution, specifically article VII, section 6(f), just before the first ethics board elections were to be held in 2023.
- Intervenors (Makula and Carrabotta), supporters and participants in the ethics board election, argued in favor of the Referendum's validity and sought its enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Referendum valid under Ill. Const. art. VII, § 6(f)? | Only "officers" in the form of government can have selection/term altered by referendum; ethics board not included | Ethics board members are "officers"; thus, Referendum was properly adopted | Referendum not authorized; not valid |
| Did the court err in granting summary judgment? | No genuine issue of material fact; law is clear on inapplicability of § 6(f) | Material facts exist about laches and prejudice; law permits referendum | Summary judgment was proper; no genuine issue |
| Is laches a bar to Schittino’s claim? | Laches not appropriately raised/proved; no unreasonable delay/prejudice shown | Plaintiff waited too long to sue, prejudicing board candidates like Carrabotta | Laches not applicable; defense not established |
| Is res judicata applicable due to prior Makula case? | Earlier case didn’t decide the substantive constitutional question | Prior litigation forecloses Schittino’s challenge due to res judicata | No jurisdiction to review; issue not appealable |
Key Cases Cited
- Paglini v. Police Board of Chicago, 61 Ill. 2d 233 (Ill. 1975) (Section 6(f) applies only to officers identified in the municipality's form of government)
- Jaros v. Village of Downers Grove, 2017 IL App (2d) 170758 (Ill. App. Ct. 2017) (Library trustees not covered as "officers" under Section 6(f))
- Dunne v. County of Cook, 108 Ill. 2d 161 (Ill. 1985) (Changes to form of government require referendum under Section 6(f))
- Leck v. Michaelson, 111 Ill. 2d 523 (Ill. 1986) (Limits of home rule powers under the Illinois Constitution)
- Tully v. State, 143 Ill. 2d 425 (Ill. 1991) (Doctrine of laches in an election context)