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Mayor and trustees spar over reserve policy; attorney, auditors say no illegal activity
Summary
Trustees pressed the mayor for a written legal opinion after online allegations that village reserve practices violated the code; Treasurer Ben said the village attorney, auditors and the Illinois Municipal League find no illegal activity and a written attorney opinion is expected at a January meeting.
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Trustees raised concerns about the village's reserve practices after allegations appeared on an internet forum that holding reserves violated the village code. A trustee asked the mayor to produce a written legal opinion explaining the attorney's interpretation of the code.
Treasurer Ben told the board he had queried other communities and the Illinois Municipal League and found none impose a fixed reserve maximum. Ben said the village attorney, the Illinois Municipal League executive director and the village auditors reviewed the matter and, in their opinion, "nothing improper or illegal has taken place." The treasurer said a fuller conversation with the attorney was forthcoming and that a written legal opinion is expected at a January meeting.
One trustee said the mayor had earlier told a member of the public (Tim Buchanan) at a public hearing two weeks ago that the village was holding reserves in a way that violated the code. Trustees asked for the attorney's written opinion and for clarity about whether prior ad-hoc committee work inadvertently ran afoul of open-meetings rules. The mayor said he had formed a committee to look into the matter and that some members would submit written statements rather than meet, after counsel raised concerns that a committee composed of a majority of elected members could create an open-meetings violation.
The meeting record shows the board did not take a formal vote on reserves; the attorney's written opinion and a review at the January meetings were the next steps.

