Kankakee Co. (ECWd) -
We have been informed that Limestone Township has called a special meeting for tonight for the purpose of accepting the resignation of the Supervisor, which we covered in this article.
Although we appreciate the posting of the meeting as required in the Open Meetings Act, there are additional requirements in the Township Code that have not been complied with.
(60 ILCS 1/35-5) "Special township meeting. Special township meetings shall be held when the township board (or at least 15 voters of the township) file in the office of the township clerk a written statement that a special meeting is necessary for the interests of the township. The statement also shall set forth the objects of the meeting, which must be relevant to powers granted to electors under this Code. The special township meeting shall be held no less than 14 nor more than 45 days after the written request is filed in the office of the township clerk. Special township meetings may not begin before 6 p.m."
With such compliance having not been met, may we suggest cancelling this meeting as holding it would violate the Township Code.
Although the Township code section 60-20 is one of the very few statutes that has a provision for accepting a resignation, such resignation acceptance is to be based off of sufficient cause shown to them. I suspect no such cause has been identified.
Pro Tem Supervisor
In addition to their approval of resignation being on the agenda, it contains the appointment of a Supervisor Pro Tem. We suspect this came through advice of their new legal counsel. If so, get a new lawyer as there is no such provision in the Township Code.
Shelbyville Township just went through this and in spite of the Legislature attempting to amend the law to allow such a vacancy to be temporarily filled prior to an appointment, neither Township Officials of Illinois (TOI) nor the Madigan machine allowed such a change to be made. Representative Brad Halbrook was the point of contact on that failed attempt to fix the law.
That being the case, the Township does not possess Pro Tem appointment power. The reason is because the Supervisor must be bonded accordingly and there is no provision to Bond a Pro Tem person to write checks on behalf of the Township.
If the vacancy is not filled within 60 days, the Township Electors can elect a new Supervisor from either political party.