Attorney: Transition disagreements aren't unusual

The transition between Bensenville's old and new guards is off to a rocky start.

But the man many consider the dean of Illinois municipal law says such disagreements and suspicions aren't uncommon and don't necessarily indicate any illegal or improper activities.

Incoming Village President Frank Soto this week is raising questions about some of the actions of the outgoing administration in the wake of his Tuesday election victory over longtime incumbent John Geils.

Soto said he's upset about the addition of $900,000 to the village's current budget and has concerns about some materials that may have been removed from village hall.

Soto has asked DuPage County prosecutors to intervene amid allegations the outgoing administration is wasting tax dollars in the cash-strapped village on its pet causes, such as its fight against O'Hare expansion.

Stewart H. Diamond, a senior partner with the Ancel, Glink law firm, which has represented governments for more than 75 years, is the original author of the Illinois municipal law handbook.

He said such complaints are common in politics.

"This happens with some frequency," Diamond said. "When someone is leaving office, sometimes they try to do things up until that very last minute."

He cited two guiding Illinois appellate court decisions in the past 15 years in which justices upheld eleventh-hour actions taken by outgoing administrations. The cases involved a special tax increment financing district and a controversial land purchase.

"As long as they amended the budget beforehand, then these things may in fact be valid," Diamond said. "The fact that the new administration opposes it is immaterial. The courts have said while you're in office, you're in office. It's quite clearly the law."

Outgoing officials such as Geils do lack the authority to make new appointments or award contracts that extend beyond their terms in office, Diamond said.

He said prosecutors rarely get involved in such disputes, unless the allegations are criminal in nature. For example, Diamond said, allegations that village documents may have been discarded - if true - would violate Illinois' Freedom of Information Act.

Diamond said he would advise Soto to hire a good municipal lawyer once in office because there may be wiggle room to undo some of the last-minute changes.