Preview
Hearing Date: 4/22/2024 9:30 AM
Location: Court Room 2308
Judge: Cohen, Neil H
FILED
12/22/2023 10:31 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
2023CH10204
Calendar, 5
25711844
Chancery Division Civil Cover Sheet
General Chancery Section (12/01/20) CCCH 0623
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
JASON HOUSE, BRITTNEY NORWOOD, KIANA BELCHER, and
TAMMY BROWN, as Village Trustees and as residents of the
Village of Dolton, and ALISON KEY, as Village Clerk,
Plaintiff 2023CH10204
v. Case No:
TIFFANY HENYARD, as Mayor of the Village of Dolton,
Defendant
CHANCERY DIVISION CIVIL COVER SHEET
GENERAL CHANCERY SECTION
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100780
Atty. No.: ________________ Pro Se 99500
Pro Se Only: ,KDYHUHDGDQGDJUHHWRWKHWHUPVRI WKH&OHUN·V
$WW\1DPH Michael J. McGrath &OHUN·V2IÀFH(OHFWURQLF1RWLFH3ROLF\DQG
FKRRVHWRRSWLQWRHOHFWURQLFQRWLFHIURPWKH
Atty. for: Plaintiffs &OHUN·VRIÀFHIRUWKLVFDVHDWWKLVHPDLODGGUHVV
Address: 3318 W 95th Street
(PDLO
Evergreen Park
City: ____________________________ IL
State: ____
60805
=LS ________
(708) 424-5678
7HOHSKRQH ________________________
3ULPDU\(PDLO mmcgrath@omfmlaw.com
Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois
cookcountyclerkofcourt.org
Page 1 of 1
System Generated Hearing Date: 4/22/2024 9:30 AM
Location: Court Room 2308
Judge: Cohen, Neil H FILED
12/22/2023 10:31 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
IN THE CIRCUIT COURT OF COOK COUNTY 2023CH10204
COUNTY DEPARTMENT, CHANCERY DIVISION Calendar, 5
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
JASON HOUSE, BRITTNEY NORWOOD, )
KIANA BELCHER, and TAMMY BROWN, )
as Village Trustees and as residents of )
the Village of Dolton, and ALISON KEY, )
as Village Clerk, )
)
Plaintiffs, ) Case No. 2023CH10204
)
v. )
)
TIFFANY HENYARD, as Mayor of the Village )
of Dolton, )
)
Defendant. )
VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Plaintiffs Jason House, Brittney Norwood, Kiana Belcher, and Tammy Brown, as Trustees
and residents of the Village of Dolton, and Alison Key, as Clerk of the Village of Dolton, by their
attorneys, Odelson, Murphey, Frazier & McGrath, Ltd., state as follows for their complaint against
Tiffany Henyard, as Mayor of the Village of Dolton:
1. Plaintiffs Jason House, Brittney Norwood, Kiana Belcher, and Tammy Brown are
each duly elected Trustees of the Village of Dolton. They bring suit in their official capacities as
Trustees of the Village of Dolton and in their individual capacities as residents and taxpayers of
the Village of Dolton.
2. Alison Key is the Clerk of the Village of Dolton and brings suit in her official
capacity as Village Clerk.
3. Tiffany Henyard is the duly elected Mayor of the Village of Dolton. She is sued in
her official capacity as the Mayor of the Village of Dolton.
1
4. The Village of Dolton is a municipal corporation located within Cook County with
its principal place of business at 14122 Martin Luther King Jr. Drive, Dolton, Cook County,
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
Illinois.
5. This suit seeks equitable relief to redress the Defendant’s multiple violations of the
Illinois Municipal Code and the Dolton Village Code concerning Village finances.
6. The members of the Board of Trustees and the Defendant comprise the corporate
authorities for the Village of Dolton: “’Corporate authorities’ means . . . (b) the president and
trustees or similar body when the reference is to villages or incorporated towns, …” 65 ILCS 5/1-
1-2.
7. Section 8-1-1 of the Municipal Code vests the corporate authorities with control
over the Village’s finances: “The corporate authorities may control the finances of the
corporation.” (65 ILCS 5/8-1-1).
8. Section 8-1-2 of the Municipal Code also vests the corporate authorities with the
authority to provide for payments of debts and expenses of the Village:
The corporate authorities may appropriate money for corporate purposes only and
provide for payment of debts and expenses of the corporation. (65 ILCS 5/8-1-2).
9. The Plaintiff Trustees have the right to access the records of the Village as are
needed to carry out their duties. 1
10. The Illinois Municipal Code further vests the Plaintiff Trustees with the power to
inspect financial records of the Village:
1
See Wayne Tp. Bd. of Auditors DuPage County v. Vogel, 68 Ill.App.3d 714, 718 (2d Dist. 1979); Ex. E. 1980 Op.
Ill. Atty Gen. S-1484, p. 4, citing People ex rel. Better Broadcasting Council, Inc. v. Keane, 17 Ill.App.3d 1090
(1973 (“Public officials must be able to gather a maximum of information and discharge their official duties . . .”).
2
65 ILCS 5/3.1-35-40. Treasurer; duties.
(a) The municipal treasurer shall receive all money belonging to the municipality
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
and shall keep the treasurer's books and accounts in the manner prescribed by
ordinance. These books and accounts shall always be subject to the inspection
of any member of the corporate authorities. The municipality may, however, by
ordinance designate a person or institution which, as bond trustee, shall receive
from the county collector amounts payable to the municipality as taxes levied
pursuant to a bond issuance.
(b) The treasurer shall keep a separate account of each fund or appropriation and
the debits and credits belonging to the fund or appropriation.
(c) The treasurer shall give every person paying money into the treasury a receipt,
specifying the date of payment and upon what account paid. The treasurer shall file
copies of these receipts with the clerk, with the treasurer's monthly reports. If the
treasurer has possession of money properly appropriated to the payment of any
warrant lawfully drawn upon the treasurer, the treasurer shall pay the money
specified in the warrant to the person designated by the warrant.
11. Moreover, financial records are to be made available to the public:
a. Constitution of the State of Illinois,
Article VIII Finance, Section1 General Provisions (emphasis added).
(a) Public funds, property or credit shall be used only for public
purposes.
(b) The State, units of local government and school districts shall incur
obligations for payment or make payments from public funds only
as authorized by law or ordinance.
(c) Reports and records of the obligation, receipt and use of public
funds of the State, units of local government and school districts
are public records available for inspection by the public
according to law.
b. 5 ILCS 140/2.5 Records of funds.
All records relating to the obligation, receipt, and use of public funds of the State,
units of local government, and school districts are public records subject to
inspection and copying by the public.
3
12. The mayor is the chief executive officer of the Village. Section 5/3.1-35-5 of the
Illinois Municipal Code requires the mayor to perform all the duties prescribed by law and take
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
care that the laws and ordinances are faithfully executed. 65 ILCS 5/3.1-35-5.
13. The mayor has access, and controls all access, to the financial records of the Village,
including all records, books and accounts kept by the Village Treasurer and Village banking
records.
14. The mayor has no independent power to issue or refuse to make payments without
approval by the Village Board. Instead, all expenditures must first be approved by the Village
Board, and if the Mayor does not veto the action, or the Board overrides the veto, the approval of
the payment becomes effective. Section 3.1-40-45 of the Illinois Municipal Code states:
All resolutions and motions (i) that create any liability against a city, (ii) that
provide for the expenditure or appropriation of its money, or (iii) to sell any city or
school property, and all ordinances, passed by the city council shall be deposited
with the city clerk. Except as provided in Articles 4 and 5 of this Code, if the mayor
approves an ordinance or resolution, the mayor shall sign it. Those ordinances,
resolutions, and motions which the mayor disapproves shall be returned to the city
council, with the mayor's written objections, at the next regular meeting of the city
council occurring not less than 5 days after their passage. The mayor may
disapprove of any one or more sums appropriated in any ordinance, resolution, or
motion making an appropriation, and, if so, the remainder shall be effective.
However, the mayor may disapprove entirely of an ordinance, resolution, or motion
making an appropriation. If the mayor fails to return any ordinance or any specified
resolution or motion with his written objections within the designated time, it shall
become effective despite the absence of the mayor's signature. (65 ILCS 5/3.1-40-
45)
15. Section 1-5-4(B)(2) of the Dolton Village Code mirrors the state statute:
Resolutions and Motions: All resolutions or motions:
a. Which create any liability against the Village, or
b. Which provide for the expenditure or appropriation of the Village’s
money, or
c. To sell any Village property
4
passed by the Board of Trustees, shall be deposited with the Village Clerk. If the
Mayor approves of them, he shall sign them. Those of which he disapproves he
shall return to the Board of Trustees, with his objections thereto in writing, at the
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
next regular meeting of the Board of Trustees, occurring not less than five (5) days
after the passage thereof. Such veto may extend to any one or more items or
appropriations contained in any resolution and motion making appropriations, or to
the entire resolution and motion. In case the veto only extends to a part of such
resolution and motion, the residue thereof shall take effect and be in force. In case
the President shall fail to return any resolution and motion with his objections
thereto by the time aforesaid, he shall be deemed to have approved such resolution
and motion and the same shall take effect accordingly. (Ex. A) (emphasis added)
16. Upon approval by the Village Board as set forth above, Section 8-1-8 of the Illinois
Municipal Code provides that the mayor and clerk sign the Village warrants:
All warrants drawn upon the municipal treasurer must be signed by the mayor or
president and countersigned by the municipal clerk, or the city comptroller if there
is one, stating the particular fund and the appropriation to which the warrant is
chargeable, and the person to whom payable. No money shall be paid otherwise
than upon such warrants so drawn, except as otherwise provided. (65 ILCS 5/8-1-
8).
17. In May 2021 Resolution 21-009 was passed that stated (1) the Defendant and Clerk
Key were the signatories for all city accounts, and any other prior signatories were removed from
said accounts; and (2) after the Village Board approved payment, each check was required to be
signed by both the Defendant and Clerk. (Ex. B).
18. During 2021 and 2022, however, Defendant used a stamp containing the Clerk’s
signature without the Clerk’s permission to issue checks for payments not approved by the Village
Board. (Ex. F).
19. In 2022, Defendant also issued checks containing only her signature for payments
not approved by the Village Board. (Ex. G).
20. In an effort to curb the significant account abuses by the Mayor as described above,
and pursuant to its home rule powers, at a special board meeting on July 11, 2022 the Village
5
Trustees passed Ordinance 22-04, which provided that the most senior Trustee (instead of the
Mayor) and the Village Clerk will sign all warrants. 2
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
21. The Defendant filed suit against the Plaintiff Trustees seeking, in part, a declaratory
judgment that the Ordinance amending the signatories on the Village’s accounts was invalid.
(Henyard v. Village of Dolton Trustees, 22 CH 8292, Circuit Court of Cook County, Ill.).
22. The Court agreed with the Defendant, issuing an order on September 26, 2023, that
declared the check signing ordinance invalid in violation of the Illinois Municipal Code and
Constitution. (Ex. C). The Court further stated with respect to the Defendant’s authority to sign
checks:
the signature power also serves as a check and balance insofar as the Mayor is the
one empowered to sign all warrants, stating the particular fund and appropriation
to which it is chargeable. No money shall be paid otherwise than the warrants she
signs. By signing, she binds the Village. This is power indeed, and a form of
government codified by statute. (Id., p. 3).
23. Since the Court ruled Ordinance 22-04 was invalid, Resolution 21-009 is now again
in effect, requiring the signatures of both the Defendant and Clerk on checks following approval
by the Village Board.
24. In accordance with the Henyard Court’s reasoning set forth in the September 26,
2023 order quoted above, the Clerk is similarly empowered to sign all warrants, no warrants shall
be paid other than the warrants she signs, her signature is a requirement to bind the Village, and
this power is codified by statute.
25. No checks have been presented to the Clerk, however, for her signature in October
and November 2023 and to date. Thus, either no payments have been issued by the Village of
2
The Village also amended this ordinance on December 14, 2022, but the amendment did not change the signatories
on the Village warrants.
6
Dolton in October and November of 2023 despite payments being due, or the Defendant has issued
checks for payment containing only her signature in violation of State law and Village Code.
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
26. Further, the Defendant has refused to issue payment for invoices approved by the
Village Board. (Ex. D).
27. Additionally, Clerk Key was advised by a representative of Fifth Third Bank, the
banking institution used by the Village, that Clerk Keys’ name has been removed from the
Village’s bank accounts and other individuals were added to the account, which violates
Resolution 21-009.
28. Defendant has also caused the Trustees’ access to financial information to be
restricted, including but not limited to:
a) restricting the Trustees’ access to online financial data to review receipts
for invoices needing approval by the Board for payment;
b) failing to provide the Trustees with receipts and invoices for items needing
approval by the Board for payment;
c) failing to provide the Trustees with payroll reports, thereby preventing the
Board members from properly determining whether all proposed payroll
requests should be approved;
d) failing to provide the Trustees with credit card statements for accounts that
include expenditures made by the Defendant since on or about May 2023,
thereby preventing the Board members from properly determining whether
all expenditures should be approved;
e) failing to provide the Trustees monthly financial reports;
f) failing to provide the Trustees banking statements;
g) failing to provide the Trustees the Budget Ordinance;
h) failing to provide the Trustees property tax levy documentation, thereby
preventing the Board members from properly determining what amount
should be levied by the Village; and
7
i) preventing the Trustees from viewing Village account information,
thereby preventing the Trustees from knowing how Village funds are
being spent.
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
29. The actions of the Defendant as set forth in the above paragraph prevent the Plaintiff
Trustees from fulfilling their statutory duties to control the finances of the corporation and
appropriate for and pay the debts and expenses of the Village. (65 ILCS 5/8-1-1; 65 ILCS 5/8-1-
2).
30. The actions of the Defendant as set forth above prevent the Clerk from fulfilling
her duties prescribed by statute and Village resolution.
31. Consequently, the actions of the Defendants result in financial harm to the Village
and its residents.
32. Plaintiff Trustees, have clearly ascertainable rights to perform their statutory duties
as Trustees, which include controlling the finances of the Village, causing payment to be issued
for payments approved by the Board, and ensuring that Village funds are only used for lawfully
approved expenses.
33. Plaintiff Key has a clearly ascertainable right as Village Clerk to sign all warrants
to ensure that they are lawfully approved by the Village Board of Trustees and view the Village
bank account information.
34. The rights of the Plaintiffs to perform their duties are in need of protection from
Defendant’s actions that have limited the Plaintiffs’ access to financial information, resulted in
improper payments being issued from Village financial funds, resulted in payments lawfully
approved by the Board not being issued and violated state law and the Village resolutions.
8
35. The Plaintiffs will continue to suffer immediate and irreparable harm if the
Defendant is allowed to continue the actions set forth herein, including not being able to perform
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
their duties as elected Village Trustees and Village Clerk.
36. The Plaintiffs lack an adequate remedy at law if the Defendant is allowed to
continue the actions set forth herein. Money damages are not an adequate remedy.
37. By virtue of the Illinois statutes and Village Code provisions cited and the facts
alleged above evidencing Defendants’ violation of the law, there is a clear and definite likelihood
that the Plaintiffs will succeed on the merits of their claims set forth in this Complaint.
38. The public interest would be harmed by denying the injunctive relief sought, as tax
dollars are being improperly spent in contravention of the procedures set forth by state law.
39. The material benefits to the Plaintiffs from granting them the injunctive relief they
request include allowing the Plaintiffs to perform their statutory duties as elected Trustees of the
Village and ensuring that the Village funds are properly spent. Defendant has no right to violate
the law, prevent the Trustees or Clerk from performing their duties, or to use Village funds as she
solely determines. Thus, the benefits to the Plaintiffs in granting injunctive relief clearly and
palpably outweigh any injury that might conceivably be caused to Defendant.
Count I – Mandamus
40. The Plaintiffs hereby reallege paragraphs 1 through 39 set forth above.
41. As elected trustees of the Village of Dolton, Plaintiff Trustees have a clear right to
access the financial information of the Village in order to perform their duties prescribed by law,
including controlling the Village’s financial accounts and determining proper expenditures of
Village funds.
9
42. Plaintiff Key has a clear right as Village Clerk to be a signatory to the Village’s
bank accounts and sign all warrants to ensure that they are lawfully approved by the Village Board
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
of Trustees.
43. Defendant has a clear duty to perform all the duties prescribed by law and take care
that the laws and ordinances are faithfully executed.
44. Defendant has access, and controls all access, to the financial records of the Village
of Dolton, including all records, books and accounts kept by the Village Treasurer.
45. Defendant has no authority to exercise any discretion so as to prevent the Plaintiff
Trustees from accessing the Village financial records necessary to fulfill their statutory and
contractual duties.
WHEREFORE, the Plaintiffs respectfully request this Honorable Court to enter an order
an order of mandamus and grant the Plaintiffs temporary and permanent injunctive relief:
a) directing the Mayor to immediately take all necessary action to add Clerk Key as
a signatory on all Village accounts with Fifth Third Bank and any other banking
institution, and remove all other individuals other than the Defendant;
b) directing the Mayor to cause the Trustees to have access to view all monthly
banking statements of all Village accounts, either via online access or providing
printed or emailed copies every month;
c) directing the Mayor to cause the Trustees to have access to My Viewpoint; or
alternatively provide Trustees with printed or emailed copies of all invoices and
receipts for every expenditure to be approved by the Board, at least two (2) business
days prior to the start of the Board meeting where the expenditure is listed on the
agenda for approval;
d) directing the Mayor to provide all statements for all Village credit cards from
May, 2023 going forward;
e) directing the Mayor to cause payroll reports to be provided to the Village Trustees
on a monthly basis, and at least two (2) business days prior to the start of the Board
meeting where approval of payroll is listed on the agenda;
f) directing the Mayor to cause the Trustees to receive monthly financial reports;
10
g) enjoining the Mayor from issuing any check for payment from Village funds
unless (1) payment been approved by the Village Board; and (2) the check
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
contains the signature of both the Defendant and Clerk Key;
h) directing the Mayor to sign checks for all invoices approved for payment by the
corporate authorities and give them to the Clerk for her signature; and
i) granting all such further relief to the Plaintiffs that the Court deems just.
COUNT II – DECLARATORY JUDGMENT
46. The Plaintiffs hereby reallege paragraphs 1 through 45 as if fully set forth herein.
47. Plaintiff Trustees have a legal interest in performing their duties as Trustees for the
Village of Dolton, including exercising control over the Village’s finances.
48. Plaintiff Key has a legal interest as Village Clerk to be a signatory on the Village’s
bank accounts and sign all warrants to ensure that they are lawfully approved by the Village Board
of Trustees.
49. An actual controversy exists in that the Defendant is preventing the Plaintiff
Trustees from accessing the Village’s financial records and information, which prevents the
Plaintiff Trustees from fulfilling their duties and responsibilities to properly manage and control
Village finances.
50. An actual controversy exists in that the Defendant is preventing the Plaintiff Clerk
from being a signatory on the Village’s accounts and from signing warrants.
WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a declaratory
judgment and grant the Plaintiffs temporary and permanent injunctive relief:
a) directing the Mayor to immediately take all necessary action to add Clerk Key as
a signatory on all Village accounts with Fifth Third Bank and any other banking
institution, and remove all other individuals other than the Defendant;
11
b) directing the Mayor to cause the Trustees to have access to view all monthly
banking statements of all Village accounts, either via online access or providing
printed or emailed copies every month;
FILED DATE: 12/22/2023 10:31 AM 2023CH10204
c) directing the Mayor to cause the Trustees to have access to My Viewpoint; or
alternatively provide Trustees with printed or emailed copies of all invoices and
receipts for every expenditure to be approved by the Board, at least two (2) business
days prior to the start of the Board meeting where the expenditure is listed on the
agenda for approval;
d) directing the Mayor to provide all statements for all Village credit cards from
May, 2023 going forward;
e) directing the Mayor to cause payroll reports to be provided to the Village Trustees
on a monthly basis, and at least two (2) business days prior to the start of the Board
meeting where approval of payroll is listed on the agenda;
f) directing the Mayor to cause the Trustees to receive monthly financial reports;
Preview
Hearing Date: 4/22/2024 9:30 AM Location: Court Room 2308 Judge: Cohen, Neil H FILED 12/22/2023 10:31 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 12/22/2023 10:31 AM 2023CH10204 2023CH10204 Calendar, 5 25711844 Chancery Division Civil Cover Sheet General Chancery Section (12/01/20) CCCH 0623 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION JASON HOUSE, BRITTNEY NORWOOD, KIANA BELCHER, and TAMMY BROWN, as Village Trustees and as residents of the Village of Dolton, and ALISON KEY, as Village Clerk, Plaintiff 2023CH10204 v. Case No: TIFFANY HENYARD, as Mayor of the Village of Dolton, Defendant CHANCERY DIVISION CIVIL COVER SHEET GENERAL CHANCERY SECTION $&KDQFHU\'LYLVLRQ&LYLO&RYHU6KHHW*HQHUDO&KDQFHU\6HFWLRQVKDOOEHÀOHGZLWKWKHLQLWLDOFRPSODLQWLQDOODFWLRQVÀOHGLQWKH*HQHUDO &KDQFHU\6HFWLRQRI &KDQFHU\'LYLVLRQ7KHLQIRUPDWLRQFRQWDLQHGKHUHLQLVIRUDGPLQLVWUDWLYHSXUSRVHVRQO\3OHDVHFKHFNWKHER[LQ IURQWRI WKHDSSURSULDWHFDWHJRU\ZKLFKEHVWFKDUDFWHUL]HV\RXUDFWLRQEHLQJÀOHG Only one (1) case type may be checked with this cover sheet. 0005 $GPLQLVWUDWLYH5HYLHZ 0017 0DQGDPXV 0001 Class Action 0018 1H([HDW 0002 ✔ 'HFODUDWRU\-XGJPHQW 0019 Partition 0004 ,QMXQFWLRQ 0020 4XLHW7LWOH 0021 4XR:DUUDQWR 0007 General Chancery 0022 5HGHPSWLRQ5LJKWV 0010 $FFRXQWLQJ 0023 5HIRUPDWLRQRI D&RQWUDFW 0011 Arbitration 0024 5HVFLVVLRQRI D&RQWUDFW 0012 Certiorari 0025 6SHFLÀF3HUIRUPDQFH 0013 'LVVROXWLRQRI &RUSRUDWLRQ 0026 7UXVW&RQVWUXFWLRQ 0014 'LVVROXWLRQRI 3DUWQHUVKLS 0050 ,QWHUQHW7DNH'RZQ$FWLRQ &RPSURPLVLQJ,PDJHV 0015 (TXLWDEOH/LHQ 0016 ,QWHUSOHDGHU 2WKHU VSHFLI\ ____________________________ 100780 Atty. No.: ________________ Pro Se 99500 Pro Se Only: ,KDYHUHDGDQGDJUHHWRWKHWHUPVRI WKH&OHUN·V $WW\1DPH Michael J. McGrath &OHUN·V2IÀFH(OHFWURQLF1RWLFH3ROLF\DQG FKRRVHWRRSWLQWRHOHFWURQLFQRWLFHIURPWKH Atty. for: Plaintiffs &OHUN·VRIÀFHIRUWKLVFDVHDWWKLVHPDLODGGUHVV Address: 3318 W 95th Street (PDLO Evergreen Park City: ____________________________ IL State: ____ 60805 =LS ________ (708) 424-5678 7HOHSKRQH ________________________ 3ULPDU\(PDLO mmcgrath@omfmlaw.com Iris Y. Martinez, Clerk of the Circuit Court of Cook County, Illinois cookcountyclerkofcourt.org Page 1 of 1 System Generated Hearing Date: 4/22/2024 9:30 AM Location: Court Room 2308 Judge: Cohen, Neil H FILED 12/22/2023 10:31 AM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL IN THE CIRCUIT COURT OF COOK COUNTY 2023CH10204 COUNTY DEPARTMENT, CHANCERY DIVISION Calendar, 5 FILED DATE: 12/22/2023 10:31 AM 2023CH10204 JASON HOUSE, BRITTNEY NORWOOD, ) KIANA BELCHER, and TAMMY BROWN, ) as Village Trustees and as residents of ) the Village of Dolton, and ALISON KEY, ) as Village Clerk, ) ) Plaintiffs, ) Case No. 2023CH10204 ) v. ) ) TIFFANY HENYARD, as Mayor of the Village ) of Dolton, ) ) Defendant. ) VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs Jason House, Brittney Norwood, Kiana Belcher, and Tammy Brown, as Trustees and residents of the Village of Dolton, and Alison Key, as Clerk of the Village of Dolton, by their attorneys, Odelson, Murphey, Frazier & McGrath, Ltd., state as follows for their complaint against Tiffany Henyard, as Mayor of the Village of Dolton: 1. Plaintiffs Jason House, Brittney Norwood, Kiana Belcher, and Tammy Brown are each duly elected Trustees of the Village of Dolton. They bring suit in their official capacities as Trustees of the Village of Dolton and in their individual capacities as residents and taxpayers of the Village of Dolton. 2. Alison Key is the Clerk of the Village of Dolton and brings suit in her official capacity as Village Clerk. 3. Tiffany Henyard is the duly elected Mayor of the Village of Dolton. She is sued in her official capacity as the Mayor of the Village of Dolton. 1 4. The Village of Dolton is a municipal corporation located within Cook County with its principal place of business at 14122 Martin Luther King Jr. Drive, Dolton, Cook County, FILED DATE: 12/22/2023 10:31 AM 2023CH10204 Illinois. 5. This suit seeks equitable relief to redress the Defendant’s multiple violations of the Illinois Municipal Code and the Dolton Village Code concerning Village finances. 6. The members of the Board of Trustees and the Defendant comprise the corporate authorities for the Village of Dolton: “’Corporate authorities’ means . . . (b) the president and trustees or similar body when the reference is to villages or incorporated towns, …” 65 ILCS 5/1- 1-2. 7. Section 8-1-1 of the Municipal Code vests the corporate authorities with control over the Village’s finances: “The corporate authorities may control the finances of the corporation.” (65 ILCS 5/8-1-1). 8. Section 8-1-2 of the Municipal Code also vests the corporate authorities with the authority to provide for payments of debts and expenses of the Village: The corporate authorities may appropriate money for corporate purposes only and provide for payment of debts and expenses of the corporation. (65 ILCS 5/8-1-2). 9. The Plaintiff Trustees have the right to access the records of the Village as are needed to carry out their duties. 1 10. The Illinois Municipal Code further vests the Plaintiff Trustees with the power to inspect financial records of the Village: 1 See Wayne Tp. Bd. of Auditors DuPage County v. Vogel, 68 Ill.App.3d 714, 718 (2d Dist. 1979); Ex. E. 1980 Op. Ill. Atty Gen. S-1484, p. 4, citing People ex rel. Better Broadcasting Council, Inc. v. Keane, 17 Ill.App.3d 1090 (1973 (“Public officials must be able to gather a maximum of information and discharge their official duties . . .”). 2 65 ILCS 5/3.1-35-40. Treasurer; duties. (a) The municipal treasurer shall receive all money belonging to the municipality FILED DATE: 12/22/2023 10:31 AM 2023CH10204 and shall keep the treasurer's books and accounts in the manner prescribed by ordinance. These books and accounts shall always be subject to the inspection of any member of the corporate authorities. The municipality may, however, by ordinance designate a person or institution which, as bond trustee, shall receive from the county collector amounts payable to the municipality as taxes levied pursuant to a bond issuance. (b) The treasurer shall keep a separate account of each fund or appropriation and the debits and credits belonging to the fund or appropriation. (c) The treasurer shall give every person paying money into the treasury a receipt, specifying the date of payment and upon what account paid. The treasurer shall file copies of these receipts with the clerk, with the treasurer's monthly reports. If the treasurer has possession of money properly appropriated to the payment of any warrant lawfully drawn upon the treasurer, the treasurer shall pay the money specified in the warrant to the person designated by the warrant. 11. Moreover, financial records are to be made available to the public: a. Constitution of the State of Illinois, Article VIII Finance, Section1 General Provisions (emphasis added). (a) Public funds, property or credit shall be used only for public purposes. (b) The State, units of local government and school districts shall incur obligations for payment or make payments from public funds only as authorized by law or ordinance. (c) Reports and records of the obligation, receipt and use of public funds of the State, units of local government and school districts are public records available for inspection by the public according to law. b. 5 ILCS 140/2.5 Records of funds. All records relating to the obligation, receipt, and use of public funds of the State, units of local government, and school districts are public records subject to inspection and copying by the public. 3 12. The mayor is the chief executive officer of the Village. Section 5/3.1-35-5 of the Illinois Municipal Code requires the mayor to perform all the duties prescribed by law and take FILED DATE: 12/22/2023 10:31 AM 2023CH10204 care that the laws and ordinances are faithfully executed. 65 ILCS 5/3.1-35-5. 13. The mayor has access, and controls all access, to the financial records of the Village, including all records, books and accounts kept by the Village Treasurer and Village banking records. 14. The mayor has no independent power to issue or refuse to make payments without approval by the Village Board. Instead, all expenditures must first be approved by the Village Board, and if the Mayor does not veto the action, or the Board overrides the veto, the approval of the payment becomes effective. Section 3.1-40-45 of the Illinois Municipal Code states: All resolutions and motions (i) that create any liability against a city, (ii) that provide for the expenditure or appropriation of its money, or (iii) to sell any city or school property, and all ordinances, passed by the city council shall be deposited with the city clerk. Except as provided in Articles 4 and 5 of this Code, if the mayor approves an ordinance or resolution, the mayor shall sign it. Those ordinances, resolutions, and motions which the mayor disapproves shall be returned to the city council, with the mayor's written objections, at the next regular meeting of the city council occurring not less than 5 days after their passage. The mayor may disapprove of any one or more sums appropriated in any ordinance, resolution, or motion making an appropriation, and, if so, the remainder shall be effective. However, the mayor may disapprove entirely of an ordinance, resolution, or motion making an appropriation. If the mayor fails to return any ordinance or any specified resolution or motion with his written objections within the designated time, it shall become effective despite the absence of the mayor's signature. (65 ILCS 5/3.1-40- 45) 15. Section 1-5-4(B)(2) of the Dolton Village Code mirrors the state statute: Resolutions and Motions: All resolutions or motions: a. Which create any liability against the Village, or b. Which provide for the expenditure or appropriation of the Village’s money, or c. To sell any Village property 4 passed by the Board of Trustees, shall be deposited with the Village Clerk. If the Mayor approves of them, he shall sign them. Those of which he disapproves he shall return to the Board of Trustees, with his objections thereto in writing, at the FILED DATE: 12/22/2023 10:31 AM 2023CH10204 next regular meeting of the Board of Trustees, occurring not less than five (5) days after the passage thereof. Such veto may extend to any one or more items or appropriations contained in any resolution and motion making appropriations, or to the entire resolution and motion. In case the veto only extends to a part of such resolution and motion, the residue thereof shall take effect and be in force. In case the President shall fail to return any resolution and motion with his objections thereto by the time aforesaid, he shall be deemed to have approved such resolution and motion and the same shall take effect accordingly. (Ex. A) (emphasis added) 16. Upon approval by the Village Board as set forth above, Section 8-1-8 of the Illinois Municipal Code provides that the mayor and clerk sign the Village warrants: All warrants drawn upon the municipal treasurer must be signed by the mayor or president and countersigned by the municipal clerk, or the city comptroller if there is one, stating the particular fund and the appropriation to which the warrant is chargeable, and the person to whom payable. No money shall be paid otherwise than upon such warrants so drawn, except as otherwise provided. (65 ILCS 5/8-1- 8). 17. In May 2021 Resolution 21-009 was passed that stated (1) the Defendant and Clerk Key were the signatories for all city accounts, and any other prior signatories were removed from said accounts; and (2) after the Village Board approved payment, each check was required to be signed by both the Defendant and Clerk. (Ex. B). 18. During 2021 and 2022, however, Defendant used a stamp containing the Clerk’s signature without the Clerk’s permission to issue checks for payments not approved by the Village Board. (Ex. F). 19. In 2022, Defendant also issued checks containing only her signature for payments not approved by the Village Board. (Ex. G). 20. In an effort to curb the significant account abuses by the Mayor as described above, and pursuant to its home rule powers, at a special board meeting on July 11, 2022 the Village 5 Trustees passed Ordinance 22-04, which provided that the most senior Trustee (instead of the Mayor) and the Village Clerk will sign all warrants. 2 FILED DATE: 12/22/2023 10:31 AM 2023CH10204 21. The Defendant filed suit against the Plaintiff Trustees seeking, in part, a declaratory judgment that the Ordinance amending the signatories on the Village’s accounts was invalid. (Henyard v. Village of Dolton Trustees, 22 CH 8292, Circuit Court of Cook County, Ill.). 22. The Court agreed with the Defendant, issuing an order on September 26, 2023, that declared the check signing ordinance invalid in violation of the Illinois Municipal Code and Constitution. (Ex. C). The Court further stated with respect to the Defendant’s authority to sign checks: the signature power also serves as a check and balance insofar as the Mayor is the one empowered to sign all warrants, stating the particular fund and appropriation to which it is chargeable. No money shall be paid otherwise than the warrants she signs. By signing, she binds the Village. This is power indeed, and a form of government codified by statute. (Id., p. 3). 23. Since the Court ruled Ordinance 22-04 was invalid, Resolution 21-009 is now again in effect, requiring the signatures of both the Defendant and Clerk on checks following approval by the Village Board. 24. In accordance with the Henyard Court’s reasoning set forth in the September 26, 2023 order quoted above, the Clerk is similarly empowered to sign all warrants, no warrants shall be paid other than the warrants she signs, her signature is a requirement to bind the Village, and this power is codified by statute. 25. No checks have been presented to the Clerk, however, for her signature in October and November 2023 and to date. Thus, either no payments have been issued by the Village of 2 The Village also amended this ordinance on December 14, 2022, but the amendment did not change the signatories on the Village warrants. 6 Dolton in October and November of 2023 despite payments being due, or the Defendant has issued checks for payment containing only her signature in violation of State law and Village Code. FILED DATE: 12/22/2023 10:31 AM 2023CH10204 26. Further, the Defendant has refused to issue payment for invoices approved by the Village Board. (Ex. D). 27. Additionally, Clerk Key was advised by a representative of Fifth Third Bank, the banking institution used by the Village, that Clerk Keys’ name has been removed from the Village’s bank accounts and other individuals were added to the account, which violates Resolution 21-009. 28. Defendant has also caused the Trustees’ access to financial information to be restricted, including but not limited to: a) restricting the Trustees’ access to online financial data to review receipts for invoices needing approval by the Board for payment; b) failing to provide the Trustees with receipts and invoices for items needing approval by the Board for payment; c) failing to provide the Trustees with payroll reports, thereby preventing the Board members from properly determining whether all proposed payroll requests should be approved; d) failing to provide the Trustees with credit card statements for accounts that include expenditures made by the Defendant since on or about May 2023, thereby preventing the Board members from properly determining whether all expenditures should be approved; e) failing to provide the Trustees monthly financial reports; f) failing to provide the Trustees banking statements; g) failing to provide the Trustees the Budget Ordinance; h) failing to provide the Trustees property tax levy documentation, thereby preventing the Board members from properly determining what amount should be levied by the Village; and 7 i) preventing the Trustees from viewing Village account information, thereby preventing the Trustees from knowing how Village funds are being spent. FILED DATE: 12/22/2023 10:31 AM 2023CH10204 29. The actions of the Defendant as set forth in the above paragraph prevent the Plaintiff Trustees from fulfilling their statutory duties to control the finances of the corporation and appropriate for and pay the debts and expenses of the Village. (65 ILCS 5/8-1-1; 65 ILCS 5/8-1- 2). 30. The actions of the Defendant as set forth above prevent the Clerk from fulfilling her duties prescribed by statute and Village resolution. 31. Consequently, the actions of the Defendants result in financial harm to the Village and its residents. 32. Plaintiff Trustees, have clearly ascertainable rights to perform their statutory duties as Trustees, which include controlling the finances of the Village, causing payment to be issued for payments approved by the Board, and ensuring that Village funds are only used for lawfully approved expenses. 33. Plaintiff Key has a clearly ascertainable right as Village Clerk to sign all warrants to ensure that they are lawfully approved by the Village Board of Trustees and view the Village bank account information. 34. The rights of the Plaintiffs to perform their duties are in need of protection from Defendant’s actions that have limited the Plaintiffs’ access to financial information, resulted in improper payments being issued from Village financial funds, resulted in payments lawfully approved by the Board not being issued and violated state law and the Village resolutions. 8 35. The Plaintiffs will continue to suffer immediate and irreparable harm if the Defendant is allowed to continue the actions set forth herein, including not being able to perform FILED DATE: 12/22/2023 10:31 AM 2023CH10204 their duties as elected Village Trustees and Village Clerk. 36. The Plaintiffs lack an adequate remedy at law if the Defendant is allowed to continue the actions set forth herein. Money damages are not an adequate remedy. 37. By virtue of the Illinois statutes and Village Code provisions cited and the facts alleged above evidencing Defendants’ violation of the law, there is a clear and definite likelihood that the Plaintiffs will succeed on the merits of their claims set forth in this Complaint. 38. The public interest would be harmed by denying the injunctive relief sought, as tax dollars are being improperly spent in contravention of the procedures set forth by state law. 39. The material benefits to the Plaintiffs from granting them the injunctive relief they request include allowing the Plaintiffs to perform their statutory duties as elected Trustees of the Village and ensuring that the Village funds are properly spent. Defendant has no right to violate the law, prevent the Trustees or Clerk from performing their duties, or to use Village funds as she solely determines. Thus, the benefits to the Plaintiffs in granting injunctive relief clearly and palpably outweigh any injury that might conceivably be caused to Defendant. Count I – Mandamus 40. The Plaintiffs hereby reallege paragraphs 1 through 39 set forth above. 41. As elected trustees of the Village of Dolton, Plaintiff Trustees have a clear right to access the financial information of the Village in order to perform their duties prescribed by law, including controlling the Village’s financial accounts and determining proper expenditures of Village funds. 9 42. Plaintiff Key has a clear right as Village Clerk to be a signatory to the Village’s bank accounts and sign all warrants to ensure that they are lawfully approved by the Village Board FILED DATE: 12/22/2023 10:31 AM 2023CH10204 of Trustees. 43. Defendant has a clear duty to perform all the duties prescribed by law and take care that the laws and ordinances are faithfully executed. 44. Defendant has access, and controls all access, to the financial records of the Village of Dolton, including all records, books and accounts kept by the Village Treasurer. 45. Defendant has no authority to exercise any discretion so as to prevent the Plaintiff Trustees from accessing the Village financial records necessary to fulfill their statutory and contractual duties. WHEREFORE, the Plaintiffs respectfully request this Honorable Court to enter an order an order of mandamus and grant the Plaintiffs temporary and permanent injunctive relief: a) directing the Mayor to immediately take all necessary action to add Clerk Key as a signatory on all Village accounts with Fifth Third Bank and any other banking institution, and remove all other individuals other than the Defendant; b) directing the Mayor to cause the Trustees to have access to view all monthly banking statements of all Village accounts, either via online access or providing printed or emailed copies every month; c) directing the Mayor to cause the Trustees to have access to My Viewpoint; or alternatively provide Trustees with printed or emailed copies of all invoices and receipts for every expenditure to be approved by the Board, at least two (2) business days prior to the start of the Board meeting where the expenditure is listed on the agenda for approval; d) directing the Mayor to provide all statements for all Village credit cards from May, 2023 going forward; e) directing the Mayor to cause payroll reports to be provided to the Village Trustees on a monthly basis, and at least two (2) business days prior to the start of the Board meeting where approval of payroll is listed on the agenda; f) directing the Mayor to cause the Trustees to receive monthly financial reports; 10 g) enjoining the Mayor from issuing any check for payment from Village funds unless (1) payment been approved by the Village Board; and (2) the check FILED DATE: 12/22/2023 10:31 AM 2023CH10204 contains the signature of both the Defendant and Clerk Key; h) directing the Mayor to sign checks for all invoices approved for payment by the corporate authorities and give them to the Clerk for her signature; and i) granting all such further relief to the Plaintiffs that the Court deems just. COUNT II – DECLARATORY JUDGMENT 46. The Plaintiffs hereby reallege paragraphs 1 through 45 as if fully set forth herein. 47. Plaintiff Trustees have a legal interest in performing their duties as Trustees for the Village of Dolton, including exercising control over the Village’s finances. 48. Plaintiff Key has a legal interest as Village Clerk to be a signatory on the Village’s bank accounts and sign all warrants to ensure that they are lawfully approved by the Village Board of Trustees. 49. An actual controversy exists in that the Defendant is preventing the Plaintiff Trustees from accessing the Village’s financial records and information, which prevents the Plaintiff Trustees from fulfilling their duties and responsibilities to properly manage and control Village finances. 50. An actual controversy exists in that the Defendant is preventing the Plaintiff Clerk from being a signatory on the Village’s accounts and from signing warrants. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter a declaratory judgment and grant the Plaintiffs temporary and permanent injunctive relief: a) directing the Mayor to immediately take all necessary action to add Clerk Key as a signatory on all Village accounts with Fifth Third Bank and any other banking institution, and remove all other individuals other than the Defendant; 11 b) directing the Mayor to cause the Trustees to have access to view all monthly banking statements of all Village accounts, either via online access or providing printed or emailed copies every month; FILED DATE: 12/22/2023 10:31 AM 2023CH10204 c) directing the Mayor to cause the Trustees to have access to My Viewpoint; or alternatively provide Trustees with printed or emailed copies of all invoices and receipts for every expenditure to be approved by the Board, at least two (2) business days prior to the start of the Board meeting where the expenditure is listed on the agenda for approval; d) directing the Mayor to provide all statements for all Village credit cards from May, 2023 going forward; e) directing the Mayor to cause payroll reports to be provided to the Village Trustees on a monthly basis, and at least two (2) business days prior to the start of the Board meeting where approval of payroll is listed on the agenda; f) directing the Mayor to cause the Trustees to receive monthly financial reports;