Prosser v. Village of Fox Lake

Section 3 — 11—17 of the Illinois Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 3—11—17) requires “the concurrence of a majority of all members then holding office” before an ordinance may be passed by a village board of trustees. The two ordinances in issue received only three “aye” votes — not a majority of the six-member board. One member voted against the measures; one, Richard Hamm, did not vote because the measures concerned his salary; and one member was absent. Unlike the majority, I am forced to conclude that the ordinances did not pass.

The majority contends that trustee Hamm’s…