Legal Opinion on City Managerial Authority

The Municipal Code repeatedly stresses the distinction between policy and administration
in a manager form of government. The manager “shall be the administrative head of the
municipal government and … shall be responsible for the efficient administration of all
departments.” The manager is given substantial authority to control administration through the
power to hire and fire and authority over the documents that will lead to a budget or
appropriation ordinance. The Municipal Code also stresses the non-partisan nature of the
manager’s role: “He shall be appointed without regard to his political beliefs.” The emphasis is
consistently on the professional skill and managerial competence of the manager. Policy and
politics are the province of the council, not the manager. If the manager and the council
understand and respect these guiding principles and the statutory division of power, the manager
form of government can be a highly efficient and productive structure for a municipality. It has
so proven itself in dozens of Illinois municipalities.

LAW OFFICES ANCEL, GLINK, DIAMOND, BUSH, DICIANNI&KRAFTHEFER,