The Rule Behind the Rules: Why Ordinance 204.01 Matters More Than You Think
April XX, 2025 - Freeport, IL
A rarely discussed ordinance at the core of Freeport’s local government grants city leaders sweeping powers under state law — but also opens the door to serious consequences if those powers are abused.
Ordinance 204.01, passed as part of Freeport’s municipal code, states that the city council, mayor, and other appointed officials have all the powers provided to municipalities under the Illinois Constitution and the Illinois Municipal Code. In effect, it ties Freeport’s authority directly to the powers granted by the State of Illinois.
Law Behind Local Power
The ordinance reads in part: “The City, acting through Council and its elected and appointed officers, shall have all powers and rights provided… by the Illinois Municipal Code… and the Constitution of the State.”
It also incorporates all applicable state laws into Freeport’s local code, automatically updating as state laws change — even if those updates aren’t explicitly written into city ordinances.
Legal experts describe the measure as a foundational rule that allows Freeport to govern lawfully and efficiently.
“It ensures our ordinances are rooted in state authority,” one city attorney told Fighting4Freeport. “It prevents legal ambiguity and allows city government to operate without constantly rewriting the book.”
But What If It’s Broken?
Despite its practical purpose, Ordinance 204.01 carries weighty implications if officials step beyond its bounds.
If city officials act in a way that contradicts state law — or try to enforce powers not granted by Springfield — they can face significant consequences.
Legal Risks:
Court Challenges: Residents or watchdog groups can sue the city. Any unlawful actions, such as unauthorized spending or zoning changes, can be overturned by a judge.
Taxpayer Lawsuits: Illinois law allows residents to challenge city decisions that misuse public funds or exceed legal authority.
State Oversight: In cases of serious violations, state agencies or even the Illinois Attorney General could intervene.
Political Fallout:
Loss of Public Trust: Allegations of overreach or unlawful governance often lead to community backlash, protests, or council confrontation.
Resignations and Removals: Officials found to have knowingly violated state-aligned ordinances may face calls for resignation or even formal removal from office.
Ethics Investigations: Missteps involving power misuse can trigger formal ethics complaints, internal audits, or public hearings.
Checks Still Exist
Though the ordinance affirms state-granted powers, it does not give city officials unchecked authority.
“All local action must still comply with state law,” said a civic advocacy group representative. “Ordinance 204.01 doesn’t create power — it channels it from the state. If officials go outside those lines, the people can — and should — push back.”
What Residents Can Do If They Suspect a Violation
Residents who believe city officials are acting outside the bounds of Ordinance 204.01 — or abusing the powers it references — aren’t powerless. Here are steps they can take:
Request Public Records: File a Freedom of Information Act (FOIA) request to see meeting minutes, contracts, or legal opinions related to the action in question.
Contact Your Alderman or Council Member: Elected officials are accountable to the people. Ask them to explain the legal basis for recent decisions or actions.
Consult an Attorney or Legal Aid Organization: If you believe your rights were violated or taxpayer funds were misused, seek legal advice. Some violations may qualify for court action.
File a Complaint: Report potential misconduct to the Illinois Attorney General’s Office, the State’s Attorney, or the Public Access Counselor if transparency laws were broken. - Contact
Organize and Speak Out: Attend council meetings, start petitions, or speak during public comment. Local pressure often prompts official review or reconsideration.
Run for Office or Support Accountability Candidates: Lasting change often starts at the ballot box.
“People often forget that they have the power to challenge and correct their government,” said one local activist. “This ordinance doesn’t just give power to the city — it also gives power to the people to hold it accountable.”