Plaintiff, individually and as City Clerk, filed complaint making facial challenge to a City ordinance, and asking court to declare it unconstitutional. Ordinance retained the elected office of city clerk and provided a nonexclusive list of the clerk's duties, and ordinance did not change the manner of selection of the city clerk nor the clerk's term of office. Plaintiff claim that ordinance transferred city clerk's duties to an executive assistant is not supported by plain language of the ordinance. Court properly dismissed Plaintiff's 2nd amended complaint which alleged that ordinance violated the officers clause in section 6(f) of Article VII of the Illinois Constitution. City had the authority, under section 3.1-30-5(a) of Municipal Code, to create office of executive assistant. (McLAREN and HUDSON, concurring.)
Illinois Appellate Court
Civil Court
Ordinances