DuPage Township (ECWd) -
We have reviewed a copy of the DuPage Township meeting agenda for the special meeting scheduled for January 29, 2019.
Among the items on the Agenda are:
- Accept the resignation of Supervisor William Mayer
- Appointment of New Township Supervisor Ken Burgess
While the first item is proper and should be voted on, our opinion is that the appointment of any trustee to be supervisor would violate state law unless certain steps are followed.
Specifically, the Illinois Public Officer Prohibited Activities Act, Section 2a, which states that no township trustee, during their term of office may accept, be appointed to, or hold any office by the appointment of the board of township trustees unless he or she first resigns from the office of trustee - or unless the appointment is specifically authorized by law.
We have found no law specifically authorizing a township trustee to be appointed as township supervisor. Yes, the township board is given the power to appoint the supervisor, but it is not given the specific power to appoint a trustee as a supervisor.
There is one way around this statutory prohibition; such as the trustee resigning his position as trustee, the board accepting his resignation, and then the board appointing him as township supervisor - but the acceptance of the resignation of the trustee would have to be placed on an agenda, and would have to be accepted by the board prior to the new appointment (that way the appointment would no longer be "during his term of office").
Can we assume the township attorney reviewed this agenda? We surely hope that is not the case.
We hope someone, anyone, refuses to permit this clear violation of law.
Time will tell, and we will be there to witness whatever may happen at this meeting.