Ferguson v. Patton

The Chicago Inspector General initiated an investigation of possible improprieties in how a former city employee was awarded a city contract without the normal competitive process. Documents were sought from the city’s law department. Some furnished documents contained redactions, based on attorney-client privilege and work product doctrine. The Inspector General issued a subpoena, under the Municipal Code, but when the law department refused to comply, private lawyers were retained. The trial court dismissed, with prejudice, an action seeking an order to produce unredacted documents. The appellate court reversed and remanded for in camera inspection of the unredacted documents to resolve the claims of privilege. The Illinois Supreme Court reinstated the dismissal. Although the municipal code allows the Inspector General to conduct investigations and issue subpoenas, it does not confer the power to unilaterally retain private counsel to initiate enforcement proceedings or prosecutions in the Inspector General’s own name. The office of the Inspector General is a creature of municipal ordinance, not state statute, and has no legal status apart from the city. The Illinois Municipal Code gives that authority to Corporation Counsel. There are no statutory provisions for appointment of special counsel, even though Corporation Counsel, the one subpoenaed, has a conflict of interest in resisting production by claiming privilege. The Inspector General should look to the mayor for recourse. View "Ferguson v. Patton" on Justia Law