Amendment 2 to House Bill 3596 Sent to House Counties and Townships Committee–Jack Franks’ Empowerment Bill

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.

Jack Franks patronage worker wearing Franks campaign stickers at the McHenry Chamber of Commerce Business Expo.

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.

Jack Franks

(55 ILCS 5/5-45020 new) Sec. 5-45020.

Meeting agendas.

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.

Attendance; quorum.

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.


Comments

Amendment 2 to House Bill 3596 Sent to House Counties and Townships Committee–Jack Franks’ Empowerment Bill — 7 Comments

  1. State House Counties & Townships Committee Hearing

    Thursday April 11, 2019 at 9:30AM.

    Included in the hearing:

    HB 3596 and HB 3317, along with HB 104, HB 106, HB 1748, & HB 3646.

    ilga.gov/house/committees/hearing.asp?HearingID=17041&CommitteeID=2348

    +++++++++

    House Counties & Townships Committee Members in the 101st General Assembly include:

    Republican Spokesperson David McSweeney, 52nd House District, Cary office.

    Tom Weber, 64th House District, Fox Lake office

    ilga.gov/house/committees/members.asp?CommitteeID=2348&GA=101

  2. There is a hearing today on Amendment number 2 for HB3596 but Amendment number 3 starts with: “Replaces everything after the enacting clause”

    Amendment number 2 has the same language but why do you have a hearing on an amendment which based on the sequencing is going to be replaced by another amendment OR will amendment number 3 be withdrawn if number 2 is approved today?

    HB 3596 (HCA 0001)
    Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Removes examples of countywide officials to be notified of the availability of a transitional audit. Provides that an elected county auditor shall conduct the audit upon the request of a newly elected countywide official. Provides that, in a county that does not have an elected county auditor, the newly elected countywide official may hire a qualified auditing firm. Requires the county board to pay all costs associated with an audit.
    HB 3596 (HFA 0002)
    Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with a population of more than 500,000 that does not have an elected county board chairman or executive and has an appointed supervisor of assessments, the office of supervisor of assessments shall be an elected position beginning with the general election held in 2020 and shall take office January 1, 2021. Amends the Counties Code. Provides that the chairperson of the county board may appoint, with the advice and consent of the county board, an outside attorney to serve as counsel to the county board and a countywide elected official may select an outside attorney to serve as his or her legal counsel. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the vice-chairman will assume the duties of the chairman until a new chairman is elected at the next regularly scheduled county board meeting. Provides that a county executive does not need the advice and consent of a county board for appointments made by the county executive after the approval of an annual budget within the fiscal year of the approved annual budget. In counties with a population of at least 700,000 but less than 1,000,000, allows the county board to authorize the chairperson to appoint a Public Defender. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county’s expense (limiting home rule powers). Creates the Non-Home Rule County Boards Division. Adds various provisions concerning county chairperson and county board powers and duties, including: chairperson employees; reduction of the chairperson’s powers; elimination of advisory or ad hoc committees or commissions; creation of standing committees; setting meeting agendas; appointing county administrators; obtaining nepotism information from specified vendors; reduction of or diversion of moneys from a county fund; appointment of an inspector general to investigate waste, fraud, abuse, and other financial misconduct; and employment decisions in countywide elected officials’ offices. Amends the Downstate Forest Preserve District Act. Provides for the removal a chairman of a county board, for cause or without cause, who is chosen by the board. Effective immediately.
    HB 3596 (HFA 0003)
    Replaces everything after the enacting clause. Amends the Property Tax Code. Provides that, in a county with a population of more than 500,000 that does not have an elected county board chairman or executive and has an appointed supervisor of assessments, the office of supervisor of assessments shall be an elected position beginning with the general election held in 2020 and shall take office January 1, 2021. Amends the Counties Code. Provides that the chairperson of the county board may appoint, with the advice and consent of the county board, an outside attorney to serve as counsel to the county board and a countywide elected official may select an outside attorney to serve as his or her legal counsel. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the vice-chairman will assume the duties of the chairman until a new chairman is elected at the next regularly scheduled county board meeting. Provides that a county executive does not need the advice and consent of a county board for appointments made by the county executive after the approval of an annual budget within the fiscal year of the approved annual budget. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county’s expense (limiting home rule powers). Creates the Non-Home Rule County Boards Division. Adds various provisions concerning county chairperson and county board powers and duties, including: chairperson employees; reduction of the chairperson’s powers; elimination of advisory or ad hoc committees or commissions; creation of standing committees; setting meeting agendas; appointing county administrators; obtaining nepotism information from specified vendors; reduction of or diversion of moneys from a county fund; appointment of an inspector general to investigate waste, fraud, abuse, and other financial misconduct; and employment decisions in countywide elected officials’ offices. Amends the Downstate Forest Preserve District Act. Provides for the removal a chairman of a county board, for cause or without cause, who is chosen by the board. Effective immediately.
    HB 3596 (HFA 0004)
    Limits provisions relating to legal representation for a county board and elected officials and transitional audits to non-home rule counties.

  3. Regarding:

    “County board chairperson; employees.

    Jack Franks patronage worker wearing Franks campaign stickers at the McHenry Chamber of Commerce Business Expo.

    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.”

    That sentence MUST be amended to add: “with the advice, consent and approval of the County Board.

    The Chairman MUST always provide “Proof of the Need” to the Board to request employees/persons be hired/assigned to assist him/her in the execution of his/her duties.”

  4. Although both bills were scheduled for a hearing in the committee today, as of right now there is no indication on the ILGA website that a vote was taken in the House Counties and Township Committee today on either HB 3596 or HB 3317.

    ++++++++++

    A taxpayer friendly legislature would livestream and indefinitely archive the hearings and legislative sessions on Youtube, or somewhere, free for all to hear and review.

    Too much in Springfield is done outside the scrutiny of the general public, and we are financially paying the price.

  5. Mark: The meeting was available to hear.

    It was very short.

    Call the roll and adjourn.

    I do believe they were surprised at the push back.

    Some meetings are available via video, others are audio and they are all archived (so they state).

  6. OK.

    The archived audio and video costs money though which does not serve the public, is a rip off, and benefits control freak politicians at the expense of taxpayers.

    Taxpayers should not be forced to expend money if they wish to monitor the legislative process by listening to audio and video recordings.

    McHenry County provides free audio video archived recordings but the Illinois General Assembly does not.

    Sleazy.

    ++++++

    Illinois General Assembly

    House > Audio Video

    “In accordance with the Legislative Materials Act (25 ILCS 105/1) the proceedings will be recorded and archived on digital video disc (DVD) by the House Clerk.

    Copies may be obtained on DVD from the Clerk for a fee.

    Unauthorized duplication of these recordings is prohibited.”

    ilga.gov/houseaudvid.asp

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