Griffith v. Pembroke Township

732 N.E.2d 16, 314 Ill. App. 3d 262
Appellate Court of Illinois·Decided June 12, 2000·No. 3-99-0799·Published

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Plaintiff Gloria B. Griffith, assessor of Pembroke Township (Township), sought a writ of mandamus in the circuit court requiring the Township to reimburse her for office-related expenses. The circuit court ordered the Township to (1) reimburse Griffith for funds expended in connection with the assessor’s office; (2) pay her attorney fees in an earlier action; (3) effect a salary increase; and (4) establish a petty cash fund. The Township appeals. We affirm in part and reverse in part.

I. FACTS

Griffith was appointed the Township assessor in February 1997. Since that time, she has maintained the assessor’s office in her private home. She has not obtained office equipment or supplies through the Township. Rather, she has used her personal computer and purchased supplies from a non-Township affiliated retailer. Griffith submitted “expense reports” to the Township for reimbursement of these expenditures; the Township refused to reimburse her.

In June 1997, the Township asked Griffith to relocate the assessor’s office to the town hall; Griffith refused to move the office from her home. The Township filed a mandamus action against Griffith, seeking an order that she relocate her office. The trial court dismissed the Township’s suit.

Griffith subsequently filed the instant action, seeking reimbursement for office equipment, supplies, utility charges, postage and a personal driver. She also requested the establishment of a petty cash fund. After a bench trial, the court awarded Griffith “all unpaid expenses claimed, including tax thereon and late charges and any unpaid salary” with certain minor exceptions. In addition, the court ordered the Township to pay Griffith’s attorney fees in the earlier action filed by the Township and to establish a $500 petty cash fund.

II. ANALYSIS

A. Equipment and Supplies

The Township argues that section 2 — 80 of the Property Tax Code (Code) (35 ILCS 200/2 — 80 (West 1996)) requires it to “provide” Griffith with an office, storage space, equipment and office supplies, but that it does not allow for “reimbursement” of these expenses.

Griffith responds that the term “provide” encompasses “reimbursement.” Furthermore, the Township has no discretion over the administration of the assessor’s office. Finally, the trial court heard evidence that the Township failed to provide her with an office, storage space and equipment.

A fundamental principle of statutory construction is to ascertain and give effect to the legislature’s intent. Vrombaut v. Norcross Safety Products, L.L.C., 298 Ill. App. 3d 560, 562, 699 N.E.2d 155, 156 (1998). Intent is best demonstrated by the language of the statute itself. Vrombaut, 298 Ill. App. 3d at 562, 699 N.E.2d at 156. If the legislature’s intent is clear from a statute’s plain language, a court must confine its inquiry to a consideration of that language. Vrombaut, 298 Ill. App. 3d at 562, 699 N.E.2d at 156. Questions of statutory construction are questions of law. Vrombaut, 298 Ill. App. 3d at 562, 699 N.E.2d at 156.

Section 2 — 80 of the Code provides:

“Township and multi-township assessors *** shall be reimbursed for their reasonable travel, meal, lodging and registration expenses incurred in attendance at a school of instruction prescribed by the Department. The board of town trustees shall provide the office and storage space, equipment, office supplies *** and other items as are necessary for the efficient operation of the office.” (Emphasis added.) 35 ILCS 200/2 — 80 (West 1996).

Pursuant to the plain language of section 2 — 80, the Township has a duty to reimburse Griffith for particular travel expenses. Section 2 — 80 does not allow for reimbursement of the expenditures claimed by Griffith in the instant action. Indeed, the legislature specifically stated that a township “shall provide the office and storage space, equipment, office supplies *** and other items as are necessary for the efficient operation of the [assessor’s] office.” 35 ILCS 200/2 — 80 (West 1996). If the Township failed to reasonably “provide” Griffith with the requirements of section 2 — 80, she could have sought judicial relief. The proper course of action for an assessor is not to independently purchase or lease equipment and space. Thus, the circuit court order granting reimbursement for office space, equipment and supplies is re-, versed.

B. Attorney Fees

The Township argues that (1) Griffith failed to cite any statute or agreement on which to base an attorney fee award; (2) Griffith is not entitled to an attorney fee award because her third amended complaint does not state a claim for attorney fees; and (3) the trial court improperly shifted the burden of proof.

The Township first argues that without a contract provision or statute, a party cannot recover attorney fees. A township official who is sued in an official capacity by a township board “is entitled to be represented by independent counsel” where a conflict of interest exists between the official and the board. Wayne Township Board of Auditors v. Ludwig, 154 Ill. App. 3d 899, 906-08, 507 N.E.2d 199, 204-05 (1987); Franks v. Township of Riley, 50 Ill. App. 3d 99, 100-01, 365 N.E.2d 175, 176-77 (1977). A trial court may award attorney fees to an official who has hired independent legal counsel under these circumstances. Wayne Township Board of Auditors, 154 Ill. App. 3d at 906-08, 507 N.E.2d at- 204-05. An attorney fee award will not be disturbed unless it amounts to an abuse of discretion. Pitts v. Holt, 304 Ill. App. 3d 871, 872, 710 N.E.2d 155, 156 (1999).

In this case, the trial court awarded Griffith attorney fees for her defense of the assessor’s office against a mandamus action brought by the Township. Because the Township attempted to force Griffith, as the Township assessor, to relocate her office, and the Township was represented in that action by the Township attorney, a conflict of interest existed between Griffith and the Township. Thus, Griffith had the right to seek independent legal counsel; the trial court’s attorney fee award was appropriate. See Wayne Township Board of Auditors, 154 Ill. App. 3d at 906-08, 507 N.E.2d at 204-05; Franks, 50 Ill. App. 3d at 100-01, 365 N.E.2d at 176-77.

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Griffith v. Pembroke Township, 732 N.E.2d 16, 314 Ill. App. 3d 262 (Ill. Ct. App. 2000).

732 N.E.2d 16 (Griffith v. Pembroke Township) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wayne Township Board of Auditors v. Ludwig
507 N.E.2d 199 (Appellate Court of Illinois, 1987)
Vrombaut v. Norcross Safety Products, L.L.C.
699 N.E.2d 155 (Appellate Court of Illinois, 1998)
People Ex Rel. Illinois Historic Preservation Agency v. Zych
710 N.E.2d 820 (Illinois Supreme Court, 1999)
Pitts v. Holt
710 N.E.2d 155 (Appellate Court of Illinois, 1999)
Franks v. Township of Riley
365 N.E.2d 175 (Appellate Court of Illinois, 1977)