Shelby County – Is The Circus Permanent?

Shelby Co. (ECWd) –

The Shelby County Board held their regular meeting last night with several notable points.

• Chairman Bobby Orman resigned. Resignation email at this link.

We agree with the points made in the resignation letter.  When there is ongoing disregard for board policy that was developed by the recommendation of those professional agencies, and approved by two past State’s Attorneys, only to have it stripped away by the current State’s Attorney, further efforts become futile.  Sometimes you just can’t fix stupid.

• Board Member Carol Cole claims “we have like 60 days to spend this money” referring to the remaining ARPA money.

Ms. Cole once again puts out a narrative in a public meeting that is not true.  ARPA money must be contracted for use by the end of this year and actually spent by the end of 2026.

• Board Member Tim Morse raised concerns about the budget since Bobby Orman resigned and was the Chairman of that committee.

The purpose of a budget committee is to prepare a budget and bring it to the full board.  The fact the Chairman resigned does not stop the work of the committee.  This portion of the meeting appeared to imply we can’t move forward on a budget without Orman yet at the last meeting this same person wanted him removed.  I guess he was not needed last month and this month he is indispensable.

• Board Member Tad Mayhall implies they can work from the old budget numbers if they don’t get one adopted since he was allegedly told by the Clerk they had done that in the past.

Any such belief ignores the law. This very point has been raised numerous times in the past in Shelby County and once again the education process begins for members who have not read the laws that apply to their duties but instead turn to others for their alleged opinions on the subject.

    (55 ILCS 5/6-1005) (from Ch. 34, par. 6-1005)
    Sec. 6-1005. Contract or obligation in excess of appropriation. Except as herein provided, neither the county board nor any one on its behalf shall have power, either directly or indirectly, to make any contract or do any act which adds to the county expenditures or liabilities in any year anything above the amount provided for in the annual budget for that fiscal year.

Without a budget, you can’t keep spending money.  Doing so, according to the county code on this matter is considered a Class B Misdemeanor.

(55 ILCS 5/6-1008) (from Ch. 34, par. 6-1008)
    Sec. 6-1008. Violations. Any person who violates, or who neglects or fails to comply with, the terms of this Division commits a Class B misdemeanor. In cases of violation of this Division by action of the county board, each member of the board participating in such action shall be subject to the aforesaid sentences.

• Board Member Carol Cole Does not understand how the current emailed ARPA report can have more ARPA money available than a prior report.

Rather than actually ask the treasurer to explain the reports on this matter it appears once again the goal was to publicly question the treasurer’s numbers.  We are all for questions, but why not actually present them to the person with the answer rather than a board that does not have that answer?  From the Treasurer:

“The reason the number uncommitted increased is because the number on the July report was an estimate for the window project of $1,250,000.  The contract for the window project was signed and therefore committed and that amount was $999,724.00.  This is a difference of $250,276.00.  This amount is no longer committed because there is no binding contract.  The numbers changed a little for FOP and AFSCME because the MOU was extended from 8/31/2024 to 11/30/2024 to continue the ARPA payroll payments.”

The treasurer has since sent out this email to the entire board and spells out everything quite clearly in our opinion.

• Board Member Tad Mayhall implies the addressing of audit findings should be delayed until a potential new committee is in place.

The discussion on addressing the audit findings and implementing corrective measures one would think would be a high priority.  The implication that starting now with the current committee may not get it done is somehow a potential problem for a future committee points to politics rather than good governance.  If a new committee is formed one would think you would at least keep some people from the prior committee in order to help the new members who know little to nothing about the process.  If the new board strips the committee membership completely of past board members and only appoints newly elected members, which we have seen before, expect further delays.

• State’s Attorney Woolery appears to have opened up the county to an unfair labor practice by publicly claiming there has not been good faith negotiations with the union.

“Bargaining has not been ongoing, uhm, at least in good faith with the union representative, …”

Such a statement from the board’s legal counsel in a public meeting just gave the union a win in an unfair labor practice case as the law requires good faith negotiations.  Her publicly stating this should have never happened.

• State’s Attorney Woolery stated the board needs to decide what they are going to do because without Bobby here now she did not know if those union negotiations are going forward at this time.

This is yet another example of failing to do her job.  Why not advise the board of their legal obligations?  There is a vacancy on the board that just happens to be the person who was the Chairman. When that happens government operations do not just stop.  Telling the board they are going to need to decide what to do does not provide them with their legal obligations.  The board clearly needed legal direction on moving forward. It would appear she did not come prepared to address what steps should be taken when a board member who is the chairman resigns.

The video of the meeting can be viewed below.