West Chicago mayor sues council over his ability to replace administrator, attorney

West Chicago Mayor Daniel Bovey is suing the city council, city administrator and city attorney over whether the administrator and attorney still legally work for the city.

The complaint was filed Tuesday, May 13, in DuPage County Circuit Court. Its title says the plaintiff is “City of West Chicago, Illinois and Daniel Bovey, as Mayor of the City of West Chicago, Illinois.”

He is asking a judge to rule that the contracts for City Administrator Michael Guttman and attorney Patrick Bond are invalidated or terminated.

In addition, Bovey is requesting an injunction that would prevent Guttman and Bond from interfering with his decision to appoint an interim administrator and interim attorney.

Guttman and Bond could not be reached for comment on Friday.

Bovey said the city filed suit, with him acting in his capacity as mayor.

He says in the complaint that on April 29, he asked Joe Morano, the mayor pro tem, not to put any items about the city administrator contract on the May 5 council agenda, contending it was unfair to ask the incoming mayor and council members to vote on something “so important five minutes after their swearing-in.” Mayoral appointments require the advice and consent of the city council.

Bovey said he also told Morano that he had not decided who he wanted to appoint as administrator.

Still, a proposal to extend Guttman’s contract appeared on the agenda for the May 5 meeting.

Prior councils had approved contracts in 2017 and 2021 for Guttman that called for renewing the contract every four years unless it was terminated at least 120 days before the renewal date.

Bovey contends that violates state law and the city’s ordinances that say contracts for the administrator, attorney/corporation counsel, police chief and several other village workers have to end when a mayor’s term ends.

Bovey defeated incumbent Ruben Pineda in the April election and took office on May 5.

City council members accused Bovey of exceeding his authority when he removed the contract vote from the May 5 meeting agenda and appointed an interim city administrator and interim city attorney.

Bond told the council there is no provision in West Chicago law for appointing interim officials.

In the complaint, Bovey said Guttman has not relinquished his position and has not turned over city property and passwords. He also said Guttman ordered Police Chief Colin Fleur not to do anything regarding Bovey’s allegation that Guttman is trespassing at City Hall.

Bovey’s complaint says an Illinois Supreme Court decision concerning another village determined that a “past administration cannot tie the hands of the new administration with officers.”

The case is due to be heard on May 28.

On Monday, the city council is scheduled to discuss rules for city council meetings; whether to have a “certified shorthand reporter” make a formal public record of city council meetings; and have an “update and discussion” regarding negotiations with Guttman and Bond, and the lawsuit.