Henyard v. Village of Dolton

Village, by majority vote of Board of Trustees, passed ordinance providing for recall of elected officials. Plaintiffs (2 Village Trustees who voted against ordinance) filed declaratory judgment action seeking declaration that ordinance is unconstitutional. A home rule unit such as the Village does has power to enact valid recall ordinance, but only after it is approved via a valid voter referendum.Ordinance is invalid, as it was enacted in violation of limitation in Section 6(f) of Article VII of Illinois Constitution, on home rule unit's authority, in a manner that deprived its voters of their constitutional right to have a say in the manner of selecting and terms of office of their elected officials.(LAVIN and PUCINSKI, concurring.)