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April 15, 2024

Video: What happens when a Township Supervisor resigns?

By John Kraft & Kirk Allen

On February 7, 2019


We made a short video explaining what happens when a Township Supervisor resigns.

It is a fairly straight-forward process, once you understand that the Township Code, the Open Meetings Act, and the Public Officer Prohibited Activities Act must be complied with.

Some key things to remember:

  • A resignation cannot be withdrawn
  • A Supervisor who resigned cannot continue to write checks for the township
  • No other person can write checks when the Supervisor’s office is vacant
  • A Supervisor who has resigned is no longer a member of the board and cannot count towards a quorum
  • A Trustee cannot be appointed as Supervisor unless he or she first resigns from Trustee (this would be prior to any vote on the appointment)
  • A Township Clerk can only vote to break a tie vote for appointments, but cannot count as part of the quorum
  • For a public body with 5 members (Township), the Open Meetings Act states that a quorum is 3 members, and a majority of a quorum is 3 members and that it takes 3 members to pass any action(s).

A written legal opinion obtained by Trustee Benford from her attorney is below the video.



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  • Dave
    Posted at 16:59h, 07 February

    You mean they have to give equal weight to every word in the law? Wow…. they probably figured the fake media gets away with it so they thought it was okay. I am constantly amazed at the facile opinions issued from some of these board hired attorneys.

  • SMH
    Posted at 18:29h, 07 February

    The former DuPage Township Supervisor said the trustees that walked out of the meeting where the law was not being followed was a political stunt. He is a disappointment and has no clue of the law after all of these years in office.