Shelby Co. (ECWd) -
The Shelby County Board once again, by their actions, indicates to the public they have no idea what the law or adopted resolutions say when it comes to county payroll. It's also clear from the State's Attorney's comments on the subject that she is not reading and/or comprehending keywords in the law as it relates to a county treasurer's duties.
(55 ILCS 5/3-10005) (from Ch. 34, par. 3-10005)
Sec. 3-10005. Functions, powers and duties of treasurer. The treasurer has those functions, powers and duties as provided in the Sections following this Section and preceding Section 3-10006. He shall receive and safely keep the revenues and other public moneys of the county, and all money and funds authorized by law to be paid to him, and disburse the same pursuant to law. He shall appoint his deputies, assistants and personnel to assist him in the performance of his duties. His deputies shall take and subscribe the same oath for the discharge of their duties as is required of him, which oath shall be entered of record in the office of the county clerk. The Treasurer shall, in all cases, be responsible for the acts of his deputies. The functions and powers of the county treasurers shall be uniform in the various counties of this State.
(Source: P.A. 86-962.)
The county treasurer is tasked, by law, with the disbursement of county funds. If the law assigns disbursement of funds to the treasurer, the county board can not strip those duties away.
The very next statute listed confirms the Treasure is in charge of her office.
(55 ILCS 5/3-10005.1) (from Ch. 34, par. 3-10005.1)
Sec. 3-10005.1. Internal operations of office. The treasurer shall control the internal operations of his office and procure necessary equipment, materials and services to perform the duties of his office. (Source: P.A. 86-962.)
The county board is insistent on outsourcing payroll and the state's attorney has indicated they can do that, and inaccurately, expresses that the duties of payroll were assigned by the board and they can rescind that action. The resolution in question did not assign payroll duties to the treasurer as those duties are established by law, as the treasurer is the one tasked with the disbursement of funds.
The resolution the state's attorney assumes tasked the treasurer with payroll is one she might want to go read a little closer. Not only does the resolution not assign payroll to the treasure, it actually confirms the treasurer already handles payroll and they simply add some additional duties to the office.
"WHEREAS, the Shelby County Treasurer's office handles all payroll duties, payment of sick and vacation time, acts as the authorized agent for IMRF and manages the self-insured Health Insurance, in addition to other Human Resources functions;"
The duties added to the treasure's office were clear and payroll was not one of those which means rescinding the resolution does not remove payroll from the Treasurer's office.
"IT IS HEREBY RESOLVED, that the Shelby County Treasurer's office is hereby designated as the primary Human Resources office for Shelby County. This office will be responsible for new employee paperwork, FMLA paperwork, manage IMRF, as authorized agent for Shelby County, oversee the Health Insurance for all participating County employees, accurately track sick, vacation and paid time off, in addition to maintaining accurate payroll records on all County employees, and informing Shelby County employees of any significant changes to State and Federal Labor Laws."
As if the plain reading of the law and the actual resolution is not enough, maybe an AG opinion on the matter might get through to these people.
Question asked: "I have your letter wherein you ask whether the county board of a non-home rule county has the power to contract with a private firm for the data processing of voter registration lists, county payroll checks and distribution reports for the county mobile home privilege or local services tax or, whether under section 1.2b of "An Act to revise the law in relation to county clerks" (Ill.Rev. Stat. 1975, ch. 35, par. l.2b), the county clerk has authority to manage these three items."
Answer: "It is my opinion that the county board does not have the power to regulate or contract for the three items mentioned unless the board does so pursuant to the request of the county clerk."
The sound reasoning from the Attorney General's opinions applies equally to the treasurer's office.
Rather than advocating for the county board, the state's attorney should be admonishing them for taking action they clearly do not have the power to do.