Leadership

LEGALLY SPEAKING

Issue 8 and Volume 117.

LEGALLY SPEAKING DEPARTMENTS HAVE YOU EVER HEARD fire service people say that consolidation of fire and police departments won’t come about in our state? This is quite prevalent thinking today. This is unfortunate and our story this month involves a case of where consolidation did in fact take place. As you will see the order imposing the consolidation was challenged. The court’s views follow: “Plaintiffs/policemen/contend the ordinance is unconstitutional as being (1) beyond the express powers granted to the city, (2) inconsistent with the State law, and (3) contrary to public policy. They recognize, however, that the city has not only those powers expressly granted to it, but also those powers ‘necessarily implied in or incident to the powers expressly granted, and those essential to the accomplis hment of its declared objects and purposes.’ They further recognize that the Illinois Municipal Code provides that ‘The corporate authorities of each municipality…

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