Contributed photo
Contributed photo
The Edgar County Watchdogs questioned the Whiteside County Airport's use of a private attorney and an alleged violation of the Open Meeting Act recently.
As reported in Illinois Leaks on Nov. 26, the watchdogs disputed the legality of hiring an outside attorney to represent the airport.
The Whiteside County Airport Board minutes of Sept. 13 referred to Dave Murray as the board attorney. John Kraft of the Edgar County Watchdogs questioned the Whiteside County State's Attorney Trish Joyce in a series of emails regarding the airport board and the attorney. Joyce first responded to Kraft, telling him that 620 ILCS 45/6 Section 9 allowed the board to hire an attorney.
The Air Transportation County Airport Law of 1943 statute said an attorney can be hired "to employ or enter into contracts for the employment of any person, firm or corporation, and for professional services, necessary or desirable for the accomplishment of the objects of the Board of Directors or the proper administration, management, protection or control of its property."
In a further exchange of emails, Kraft challenged Joyce's interpretation of the statute and requested an opinion from the Attorney General's Office. He said the Illinois statutes under local government did not mention legal services. Statute 50 ILCS 510/ specified that professional services were limited to architectural, engineering and land-surveying services.
Joyce said she was aware of her duty to represent the county and its entities and would not seek an opinion from the state attorney general. Kraft again asked who represented the airport.
"I represent Whiteside County and its interests (including the Whiteside County Airport) in the actions set forth therein," Joyce said in her last email.
In the article, Illinois Leaks referenced the opinion rendered by William J. Scott, attorney general of the State of Illinois, on Feb. 4, 1975. The letter was sent to C. Brett Bode, state's attorney of Tazewell County, in reference to an appropriation ordinance that included hiring and paying an independent attorney to "attend and give advice to the County Zoning Board of Appeals and the County Board."
Scott wrote in his opinion: "It is well established in Illinois that a county, in addition to its constitutional powers, possesses only those powers expressly granted by statute (ILL. Const., art. VII, sec. 1), and those that arise by necessary implication from those powers granted. (Heidnereisch v. Ronske, 26 Ill. 2d 360; Crumpler v. County of Logan, 38 Ill. 2d 146.)"
Scott said he could not find any statute that allowed a county to hire a private attorney to do a state's attorney's work. A previous opinion by Scott also held that a county board could not hire an attorney to advise the board.
Scott's letter concluded, "Since the state's attorney is the attorney and legal adviser for a county, a county board cannot hire a private attorney to advise the county board or any other county officers or boards. Any such action by a county board would be ultra vires."
The Cornell University Law School defines the Latin legal term ultra vires as, "beyond the powers." It describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. When referring to the acts of government bodies (e.g., legislatures), a constitution is most often the measuring stick of the proper scope of power."
In the same meeting minutes, the Watchdogs referenced an alleged Open Meeting Act violation. The airport received an Open Meeting Act Request for Review. In response, the airport hired the Ward, Murray, Pace and Johnson legal firm to respond to the request.
While Joyce's final email said she represented the airport, the Nov. 17 airport board meeting minutes said Murray provided advice regarding rebidding the 2017 farm lease. He was not referred to as the "board attorney."
The Edgar County Watchdogs said the airport illegally used public funds to pay private attorneys to conduct legal work that should have been performed by the Whiteside County state's attorney. The group also said the airport, and thus the county, should be reimbursed for the fees paid to the legal firm.