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Township Supervisor resign? Here are the new procedures for appointments –

ECWd –

As we have noted in earlier articles, Gov. Pritzker signed Public Act (“PA”) 101-0104 this year, and it became effective on July 19, 2019.

This PA amends Section 60-5 (and others) of the Township Code dealing with situations in which there is a vacancy in the Township Supervisor position.

Paragraph (b-5) was added to Section 60-5 and it states:

(b-5) If the vacancy being filled under subsection (a) or
(b) is for the township supervisor, a trustee shall be
appointed as deputy supervisor to perform the ministerial
functions of that office until the vacancy is filled under
subsections (a) or (b). Once the vacancy is filled under
subsections (a) or (b), the deputy supervisor's appointment is
terminated.

Paragraph (a) says a township board must fill a vacancy in a township office, and paragraph (b) says if a vacancy is not filled within 60 days the electors appoint to the vacancy at a Special Township Meeting held under Section 35-35.

So, as we see it, when a Township Supervisor vacancy is declared, the following must occur, and should be included on a meeting agenda for action to be voted on by the township board:

  •  declaration of a vacancy in the office of Township Supervisor (resignation becomes effective immediately upon its acceptance)
  •  appointment of “deputy supervisor” (if the permanent appointment will not immediately happen) Under this new PA, the appointed “deputy supervisor” must be a person currently serving as a township trustee.
  •  compensation of temporary deputy supervisor determined by the board
  •  appointment of the supervisor to the vacancy (at a later meeting if temporary deputy supervisor is appointed)

The temporary deputy supervisor shall not have a vote at a meeting unless they are already a township trustee, then shall have the same vote appointee would have had as a trustee.

Trustee compensation is suspended while serving as deputy supervisor but shall be reinstated when a permanent appointment to fill the vacancy has occurred.

Appointments to fill the supervisor vacancy must still comply with the Public Officer Prohibited Activities Act, Section 2a(a).

In short, when a resignation of a supervisor is accepted by the board, it become effective immediately upon its acceptance (60 ILCS 1/60-20(b)), the board “shall” appoint a deputy supervisor to perform the ministerial functions of the supervisor until a permanent appointment is made (60 ILCS 1/60-5(b-5)), any such permanent appointment must comply with the Public Officer Prohibited Activities Act (50 ILCS 105/2a(a)). If no permanent appointment is made by the township board within 60 days of the declaration of vacancy, the electors “may” hold a Special Township Meeting to appoint a supervisor to the vacancy (60 ILCS 1/35-35).

Once the new supervisor is appointed, the deputy supervisor’s position immediately terminates.

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