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A look at the state law behind the latest city council threat

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* From a few days ago

Can the City Council force the mayor or his administration to show up for a hearing?

No. The City Council lacks subpoena power and would simply be requesting the mayor or his administration show up.

“We just don’t have that direct subpoena power like, say, Congress or the New York City Council does,” [Ald. Scott Waguespack] said. “So we really just have to ask and hope that they show up. My guess is that they would not.”

* Turns out, Wags was partly wrong…


NEW: Ahead of special city council committee of the whole meeting today re: CPS, Several alders tell me they plan to invoke little used state law to subpoena board of ed members to testify before City Council at a future date on why they resigned.

— Paris Schutz (@paschutz) October 9, 2024

65 ILCS 5/10-4-4

In municipalities of more than 500,000, the corporate authorities may investigate the enforcement of the municipal ordinances, rules and regulations, and the action, conduct and efficiency of all officers, agents and employees of the municipality. In the conduct of such investigations the corporate authorities may hold public hearings. Each member of the corporate authorities shall have power to administer oaths, and the clerk of the municipality, by order of the corporate authorities, shall issue subpoenas to secure the attendance and testimony of witnesses and the production of books and papers relevant to such investigations and to any hearing before the corporate authorities or any member thereof.

Any circuit court of this state upon application of the corporate authorities, or any member thereof, may in its discretion compel the attendance of witnesses, the production of books and papers, and the giving of testimony before the corporate authorities or any member thereof, by attachment for contempt or otherwise in the same manner as the production of evidence may be compelled before the court.

In other words, state law gives the city council the power to investigate “officers, agents and employees” of the City of Chicago. School board members and appointees are not city officers, agents and employees. But, if the council officially investigates someone at the city connected to this mess, it could then conceivably subpoena the current and future CPS board members as witnesses.

I kinda doubt they’ll go through with it, but expect a court challenge if they do.

posted by Rich Miller
Thursday, Oct 10, 24 @ 2:04 am

Comments

  1. Courts seem inclined to favor transparency and interpret these laws broadly. It is common practice in civil litigation. Pedro Martinez’s comments on WTTW really added smoke around this administration. Why did the Mayor ask CPS to take a high interest loan in April instead of using TIF surplus? What was the “not the best counsel” Martinez told the Mayor he was receiving and who was the counselor?

    Comment by Three Dimensional Checkers Thursday, Oct 10, 24 @ 8:47 am

  2. The fact we are even having this discussion speaks volumes about how much support the mayor has lost since taking office. His clout is slipping away, fast. Stuff like this doesn’t happen with a competent mayor.

    Comment by low level Thursday, Oct 10, 24 @ 9:10 am

  3. low level is absolutely right.

    Comment by Just Me 2 Thursday, Oct 10, 24 @ 9:33 am

  4. I seem to recall a Simpson’s bit where they asked Homer if he wanted to go the easy way, or kicking and screaming. Homer chose kicking as screaming as I recall. Wonder if the mayor chooses that too.

    Comment by Just Another Anon Thursday, Oct 10, 24 @ 10:21 am

  5. I don’t want to say who, but a friend who is an alderman regales a little crew of us on how little his colleagues want to exert their true power. A perfect example is how the mayor picks their committee chairs. This may be more than a spat. They may truly take the gloves off, roll up their sleeves and get some courage and reign my mayor in. I fear that left to his own devices, he will cause long-term financial problems for us.

    Comment by levivotedforjudy Thursday, Oct 10, 24 @ 11:13 am

  6. It’s just a guess but I assume the Mayor was loathe to talk about a sweep of TIFs earlier because they (inexplicably) thought they were going to get big money out of the General Assembly and doing so would make any General Assembly requests for CPS (even more) unlikely to land?

    But not discussing it since GA adjourned makes me think they either have no idea what they’re doing and/or are hoping to hold onto some of the TIF money for some of City Hall’s own priority projects.

    Comment by ChicagoBars Thursday, Oct 10, 24 @ 11:17 am

  7. ===friend who is an alderman regales a little crew of us on how little his colleagues want to exert their true power===

    It’s because they neither want the work nor the responsibility/blame that would entail.

    Comment by Rich Miller Thursday, Oct 10, 24 @ 11:25 am

  8. I’m actually impressed with several city council members for their concerns about taking out a loan. Chicago has a better city council than 10 years ago. I didn’t expect to say this.

    Comment by Steve Thursday, Oct 10, 24 @ 11:30 am

  9. ===friend who is an alderman regales a little crew of us on how little his colleagues want to exert their true power===

    It’s because they neither want the work nor the responsibility/blame that would entail. ===

    And the fact the alders were so adamantly opposed to Sigcho-Lopez as zoning chair and actually bothered to fight the appointment should tell the mayor and his administration that S-L is probably not the best proxy for their message. Continuing to trot him out there as if he has credibility with the general city population just reinforces the view that the administration doesn’t get it, and that’s not even accounting for the blatant misstatements within the op-ed referenced yesterday’s post. Then again, it’s not clear who else in the council is actually on the administration’s side at this point beyond S-L.

    Comment by Anon324 Thursday, Oct 10, 24 @ 11:47 am

  10. ===City Hall’s own priority projects===

    The only possible priority projects I can think of are bad ones. This was the Mayor’s own board. Collectively, they were no novices to the realities of City politics. Yet, here we are.

    Comment by Three Dimensional Checkers Thursday, Oct 10, 24 @ 12:00 pm

  11. ==But not discussing it since GA adjourned makes me think they either have no idea what they’re doing and/or are hoping to hold onto some of the TIF money for some of City Hall’s own priority projects.==

    Both statements are likely accurate IMO. Excellent observation.

    Comment by low level Thursday, Oct 10, 24 @ 12:39 pm

  12. Bullseye on both Rich. Daley and Rahm made it easy for them.

    Comment by levivotedforjudy Thursday, Oct 10, 24 @ 12:41 pm

  13. I think low level is spot-on

    Comment by Leslie K Thursday, Oct 10, 24 @ 3:26 pm

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