Dolton is looking to force former Mayor Tiffany Henyard to pay at least some of the legal fees for nonprofit Edgar County Watchdogs in a lawsuit alleging violations of the Freedom of Information Act.
The village, during a court hearing Wednesday, called the amount sought by the Edgar County Watchdogs in attorney fees unreasonable. The nonprofit requested Cook County Judge Kate Moreland order the village pay $10,000 in civil penalties, $41,000 in attorney’s fees and $1,500 in other costs, which will be decided ahead of a hearing at 10:30 a.m. on Nov. 26.
“The village is in dire straits,” an attorney representing Dolton, Lauren DaValle, said Wednesday. “It has many, many judgments against it from various lawsuits in addition to trying to catch up on paying for expenses that were not otherwise authorized or incurred during the Henyard administration.”
DaValle also said the Edgar County Watchdogs paid for two attorneys to be present during court hearings where one would have been sufficient.
Adam Florek, attorney for the Edgar County Watchdogs, countered that the attorneys fees are reasonable and in line with those paid by others who have brought lawsuits against Dolton.
“And the fact that the village is in a financial situation caused by its own bad acts shouldn’t somehow negate its obligation to pay civil penalties,” Florek said.
The village is also awaiting judgment on a complaint filed against Henyard seeking that the former mayor be held responsible for all attorneys’ fees, costs and civil penalties attributable to Henyard’s conduct for the village’s FOIA violations,” according to court documents.
Dolton cited Henyard’s failure to produce the documents first sought by the Edgar County Watchdogs in January 2024 as well as her being held in contempt for repeated violations of court orders. Henyard was released from contempt after filing an affidavit stating she did not have the records required as part of the lawsuit.
“Henyard ignored all attempts by the Village to gain compliance with the FOIA and in turn caused the protracted litigation in this matter,” the village said in court documents filed Oct. 15.
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