The Veterans Assistance Commission of Grundy County, Illinois v. The County Board of Grundy County

Illinois Appellate Court
Civil Court
Statutory Construction
Citation
Case Number: 
2015 IL App (3d) 130969
Decision Date: 
Wednesday, April 22, 2015
District: 
3d Dist.
Division/County: 
Grundy Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
SCHMIDT
County Board passed resolution to reorganize and recognize a new Veterans Assistance Commission, nine years after Board recognized original Commission. In prior appeal, appellate court remanded with instructions to make specific factual findings as to whether either purported Commission met statutory requirements of Military Veterans Assistance Act. Original Commission's restrictive bylaws contravene plain language of Act, and by refusing to seat delegates, it removed itself from purview of the Act and is not a valid Commission. Second Commission is not valid as its membership does not consist of delegate and alternate from each post in county, as Act requires. Thus, there is no validly formed Commission operating in County. County has no obligation to fund a Commission's suit or legal defense, and county is under no obligation to indemnify Commission for private counsel.(McDADE and WRIGHT, concurring.)