Powers and Duties of a County Executive

The 2010 billboard on one of Metra Board member Jack Schaffer’s billboards that enraged Jack Franks.  Franks got mad at McHenry County Board Chairman Ken Koehler when Koehler refused to prompt Schaffer to resign from the Metra Board. Franks began his House floor attack on Schaffer in the Veto Session after the November election.

The document you see below, which seems to be taken directly from State Statute was discussed by the representative from the McHenry County State’s Attorney’s Office at Thursday’s meeting of the McHenry County Board.

Take a look for yourself at the powers of what many have called the McHenry County Czar would have, if Democratic Party State Rep. Jack Franks’ referendum passes this fall:

55 ILCS 5/2-5009
Formerly cited as IL ST CH 34 ¶ 2-5009
5/2-5009. Duties and powers of county executive
Effective: March 7, 2011
Currentness

§ 2-5009. Duties and powers of county executive. Any county executive elected under this Division shall:

(a) see that all of the orders, resolutions and regulations of the board are faithfully executed;

(b) coordinate and direct by executive order or otherwise all administrative and management functions of the county government except the offices of elected county officers;

(c) prepare and submit to the board for its approval the annual budget for the county required by Division 6-1 of this Code;

(d) appoint, with the advice and consent of the board, persons to serve on the various boards and commissions to which appointments are provided by law to be made by the board;

(e) appoint, with the advice and consent of the board, persons to serve on various special districts within the county except where appointment to serve on such districts is otherwise provided by law;

(f) make an annual report to the board on the affairs of the county, on such date and at such time as the board shall designate, and keep the board fully advised as to the financial condition of the county and its future financial needs;

(f-5) for a county executive of a county that has adopted the executive form of government on or before the effective date of this amendatory Act of the 96th General Assembly, appoint, with the advice and consent of the board, all department heads for any county departments;

(g) appoint, with the advice and consent of the board, such subordinate deputies, employees and appointees for the general administration of county affairs as considered necessary, except those deputies, employees and appointees in the office of an elected county officer; however, the advice and consent requirement set forth in this paragraph shall not apply to persons employed as a member of the immediate personal staff of a county executive of a county that has adopted the executive form of government on or before the effective date of this amendatory Act of the 96th General Assembly;

(h) remove or suspend in his discretion, after due notice and hearing, anyone whom he has the power to appoint;

(i) require reports and examine accounts, records and operations of all county administrative units;

(j) supervise the care and custody of all county property including institutions and agencies;

(k) approve or veto ordinances or resolutions pursuant to Section 2-5010;

(l) preside over board meetings; however, the county executive is not entitled to vote except to break a tie vote;

(l-5) for a county executive of a county that has adopted the executive form of government on or before the effective date of this amendatory Act of the 96th General Assembly, if the County Executive is temporarily not available to preside over a board meeting, the County Executive shall designate a board member to preside over the board meeting;

(m) call a special meeting of the county board, by a written executive order signed by him and upon 24 hours notice by delivery of a copy of such order to the residence of each board member;

(n) with the advice and consent of the county board, enter into intergovernmental agreements with other governmental units;

(o) with the advice and consent of the county board, negotiate on behalf of the county with governmental units and the private sector for the purpose of promoting economic growth and development;

(p) at his discretion, appoint a person to serve as legal counsel at an annual salary established by the county board at an amount no greater than the annual salary of the state’s attorney of the county;

(q) perform such other duties as shall be required of him by the board.

Credits: P.A. 86-962, Art. 2, § 2-5009, eff. Jan. 1, 1990. Amended by P.A. 96-1540, § 5, eff. March 7, 2011.


Comments

Powers and Duties of a County Executive — 5 Comments

  1. “This is the worst idea in the sad, long history of bad ideas”
    Malcolm (Jeff Goldblum), Jurassic Park, The Lost World.

  2. Gee. Melissa,

    Don’t you think it might have been a good time to FINALLY have someone run against Franks?

    Elections are how a lot of issues gets out.

    Oh, well, the GOP make their bed and once again it is full of bugs!!!

  3. Good work, Cal.

    This attempt for a power grab via the electoral process is to say at least appalling.

    Anyone who would vote for such a County Executive position should have their mental status evaluated or if declared sane, go back and have an additional electro-shock done.

  4. I am inclined to vote against the executive form of government this Nov because I am distrustful of all governmental executive power as it can be abused easily.  However, I do not see the apocalyptic czar powers in the list of powers from the Statute Cal posted.
      
    There is a lot of advice and consent of the board.  So he would need a majority of the board in his back pocket to execute the cronyism people are concerned with.

    It appears he does NOT have jurisdiction over other Countywide elected position like the Sheriff which should mean no Praetorians.

    Sure he can veto, but making it a little harder for government to do something is better for liberty.

    He can present a budget, but not even the President of these united States gets his budget.

    He can fire someone without advise and consent, but then has to get advice and consent of the board to rehire.

    He does get a lawyer crony to be his personal lawyer.  Granted a waste of money and idle hands are the devils workshop.

    The key defect, which may be elsewhere, is a manner to impeach the county executive if necessary.

    Please feel free to educate me on the matter, as I am probably missing something.  

    Why else would Jack spend these resources to be an elected bureaucrat with no Praetorians and be dependent on the board? 

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