Previously, I posted the content of Amendment 4 to House Bill 3596.
Amendment 4, however, did not get released by Mike Madigan’s Rjles Committee.
Instead Amendment 2 is in committee.
A quick reading of those sections impacting McHenry County government leads me to believe they are the same.
Let’s take a look at how it might affect McHenry Counmtyu government:
Sec. 1-6003.5. Legal representation for county board or elected official.
(a) The chairperson of the county board may appoint, with the advice and consent of the county board, an outside attorney to serve as legal counsel to the county board. The chairperson may choose the State’s Attorney as legal counsel.
(b) A countywide elected official may select an outside attorney to serve as legal counsel to the countywide elected official. The countywide elected official may choose the State’s Attorney as legal counsel.
(c) The county board chairperson, by written order filed with the county clerk, may discontinue the appointment of the outside counsel appointed under subsection (a) of this Section. After discontinuance, no outside counsel filling the office before the discontinuance shall have any claim against the county for compensation alleged to accrue after the date of discontinuance.
(d) Vacancies for outside counsel may be filled in the same manner as appointments are made under subsection (a) or (b). (e) The duty of a State’s Attorney to be legal counsel under this Section is in addition to the duties of the State’s Attorney under Division 3-9.
.Division 5-45. Non-Home Rule County Boards
(55 ILCS 5/5-45001 new) Sec. 5-45001.
Applicability; conflict with other laws. This Division applies to non-home rule counties. If there is a conflict between the provisions of this Division and any other provision of law as the provisions relate to non-home rule counties, the provisions of this Division control.
(55 ILCS 5/5-45005 new) Sec. 5-45005.
County board chairperson; employees.
In a county with a county board chairperson who is unable alone to perform all duties of the office, he or she may appoint employees required for operation of the office.
The county board shall provide funding for employees necessary to assist the chairperson in the fulfillment of his or her duties.
The board may not reclassify employees in the chairperson’s office or transfer employees out of the chairperson’s office without the chairperson’s permission.
(55 ILCS 5/5-45010 new) Sec. 5-45010.
Elimination of advisory committees or commissions.
The county board chairperson may eliminate advisory or ad hoc committees or commissions for any of the following reasons or other good cause the chairperson may find:
(1) infrequency of committee or commission meetings; or
(2) lack of qualified candidates willing to serve on a committee or commission.
(55 ILCS 5/5-45015 new) Sec. 5-45015.
Creation of standing committees by chairman; appointment of members.
With the advice and consent of a majority of the county board, the county board chairman may:
(1) create standing committees; and
(2) appoint members and chairpersons to standing committees.
(55 ILCS 5/5-45020 new) Sec. 5-45020.
The county board chairperson, or his or her designee, shall set the agendas for all county board meetings.
(55 ILCS 5/5-45025 new) Sec. 5-45025.
Appointment of county administrator.
(a) The county board chairperson, with the advice and consent of the county board, may appoint a county administrator. The county board chairperson may remove the county administrator. After removal, no county administrator filling the office before his or her removal shall have any claim against the county for compensation alleged to accrue after the date of discontinuance. The county board chairperson shall be chief operating officer of the county. The county administrator shall perform duties at the direction of the chairperson.
(b) Vacancies for an appointed county administrator may be filled in the same manner as appointments are made under subsection (a). (c) If an appointed county administrator ceases to perform the duties of or to hold the office by reason of removal, resignation, death, permanent physical or mental disability, conviction of a disqualifying crime, dismissal, retirement, or abandonment of office, the county board chairperson may appoint a temporary successor to the office until that time a permanent county administrator is approved in the manner provided for under subsection (a).
(55 ILCS 5/5-45030 new) Sec. 5-45030.
Reduction of county board chairperson’s powers.
A three-fifths vote of the county board is required to reduce the chairperson’s powers set forth in the county board rules or granted by resolution. The board may not reduce any powers of the chairperson given to the chairperson in this Division.
(55 ILCS 5/5-45035 new) Sec. 5-45035.
Contracts for goods and services valued at more than $30,000.
(a) Vendors wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county prior to a county board’s vote on the contract any familial relationship between a county elected official, department director, deputy director and a manager, owner, principal, or officer of the vendor’s company. “Familial relationship” means a spouse (including civil partner), child, stepchild, parent, stepparent, grandparent, in-laws (including parent, grandparent, sibling, or child), relatives and non-relatives living in the same residence, and offspring born to any previously-mentioned person. (b) If a vendor wishing to contract has a familial relationship disclosed under subsection (a), then the contract can only be approved or renewed by roll call vote and not on a consent agenda. The vote to approve or renew the contract must be preceded by a recitation by the chairperson, which includes the name of the elected official or employee and the nature of the familial relationship being disclosed.
(c) A contract subject to this Section which is not approved as provided in this Section is void. (55 ILCS 5/5-45040 new) Sec. 5-45040. Reduction or diversion of funds. The county chairperson has authority to reduce or divert moneys from a county fund with assets exceeding 150% of the previous year’s expenditures from that fund. Any moneys removed or diverted from a fund shall proportionately be distributed to taxpayers in the form of an abatement as provided for in Section 18-165 of the Property Tax Code. Infrastructure funds are exempt from reduction or diversion under this Section.
(55 ILCS 5/5-45045 new) Sec. 5-45045.
Notwithstanding any provision in the Open Meetings Act, each county board meeting must have a quorum of board members physically present, but, if there is a quorum of board members physically present, then other board members are permitted to attend county board meetings remotely by telephone or video conferencing due to an excused absence, such as military service, health, or business obligations. The county board chairperson determines what constitutes an excused absence.
(55 ILCS 5/5-45050 new) Sec. 5-45050.
County inspector general.
The county board may appoint an inspector general to investigate waste, fraud, and abuse, and other fiscal misconduct. The inspector general may turn over any findings of waste, fraud, and abuse, and other fiscal misconduct to the State’s Attorney for prosecution.
(55 ILCS 5/5-45055 new) Sec. 5-45055. Employees of countywide elected officials.
A countywide elected official is responsible for all employment decisions within his or her respective office.