County Board to Consider Resolution Opposing Dave McSweeney’s Jack Franks’ Empowerment Bill

Here is a resolution on the McHenry County Board’s agenda Tuesday night:

RESOLUTION OF MCHENRY COUNTY BOARD TO OPPOSE ANY ILLINOIS LEGISLATION THAT WOULD CHANGE THE CURRENT POWERS OR STRUCTURE OF THE ELECTED AT LARGE CHAIRPERSON

WHEREAS, As originally filled on February 15, 2019, Illinois House Bill 3317, specifically targets the following significant changes to effect centralized control and operation of McHenry County Government; and

WHEREAS, §5/5-44065 of the Illinois Counties Code (“Code”) would be amended to place a moratorium on capital programs, building projects and land acquisition for a unit facing consolidation, and the McHenry County Board (“Board”) opposes this blanket requirement because if consolidation is approved via a referendum, the local governments should be allowed to configure their own plans for expenses and capital projects; and

WHEREAS, a new Section would be added to the Code (§5/5-45005) that would authorize the Board to require direct election of special district trustees, and the Board opposes this section because it will discourage qualified candidates from serving; and

WHEREAS, a new Section would be added to the Code (§5/5-45010) that would authorize the Board Chairperson to eliminate advisory or ad hoc committees/commissions for lack of activity and/or candidates, and the Board opposes this section because it does not require the Board’s consent; and

WHEREAS, a new Section would be added to the Code (§5/5-45015) that would authorize the Board Chairperson to create standing committees and appoint members, and the Board opposes this section because it is unnecessary as current Board rules already have procedures for doing so; and

WHEREAS, a new Section would be added to the Code (§5/5-45020) that would authorize the Board Chairperson to unilaterally set all Board and Committee agendas, and the Board opposes this section because it is inefficient and unnecessary as current Board rules already balance the power to set agendas between the Chairperson and the Board; and

WHEREAS, a new Section would be added to the Code (§5/5-45025) that would require that the Office of County Auditor be discontinued and the Board to appoint a public accounting firm to perform the relevant duties, and the Board opposes this section because there is already statutory authority on which the Board can rely to eliminate elected positions; and

WHEREAS, a new Section would be added to the Code (§5/5-45030) that would give the Board authority to appoint an Inspector General to investigate waste, fraud and abuse, and the Board opposes this section because it already has the authority to effect such a change; and

WHEREAS, a new Section would be added to the Code (§5/5-45035) to establish a three-fifths vote by the Board to reduce the Chairperson’s powers, and the Board opposes this section as the Board’s current rules provide such a procedure; and

WHEREAS, a new Section would be added to the Code (§5/5-45040) that would grant the Chairperson veto power over appropriations, and the Board opposes this section because the voters rejected an executive form of government as proposed in a November 2012 County-wide Referendum;
and

WHEREAS, a new Section would be added to the Code (§5/5-45045) that would authorize the Board Chairperson to hire independent legal counsel and parliamentarian and to exercise discretion in reducing other County spending to cover the accompanying expenses, and the Board opposes this section because the Code dictates that the elected State’s Attorney shall serve as the legal counsel for all county officers and employees with a duty to identify and address potential conflicts; and

WHEREAS, a new Section would be added to the Code (§5/5-45050) that would require the Board to approve separate, independent and adequate funding to support the position of Board Chairperson, and the Board opposes this section as current budget policies address resource needs for
all County-wide officials; and

WHEREAS, a new Section would be added to the Code (§5/5-45055) that would eliminate health insurance benefits paid on behalf of the County’s Board members, and the Board opposes this section because it is concerned about the legal impact of immediately terminating pay/benefits; and

WHEREAS, a new Section would be added to the Code (§5/5-45060) that would require the Board Chairperson to review and approve the release of any and all previously appropriated funds, and the Board opposes this section because it is contrary to the Board’s financial policy and it is contrary to the voters’ rejection of the 2012 Referendum to grant executive power to the Chairperson; and

WHEREAS, a new Section would be added to the Code (§5/5-45065) that would give the Board Chairperson the discretionary authority to reduce or divert money from funds with assets in excess of 150% of previous year’s expenditures, and the Board opposes this section because the County’s current budget process addresses this situation and it is contrary to the voters’ rejection of the 2012 Referendum to grant executive power to the Chairperson; and

WHEREAS, a new Section would be added to the Code (§5/5-45070) that would require consolidation of the County Clerk and Recorder’s offices with elimination of the Office of County Recorder and transfer of all duties and personnel to the County Clerk’s Office, and the Board opposes this section
because this consolidation is already in process and it is concerned about the legality of immediate change in pay/benefit arrangements; and

NOW, THEREFORE BE IT RESOLVED, this County Board of McHenry County, Illinois, hereby Opposes any Illinois legislation that would change the current powers or structure of the elected at large Chairperson as originally filed in the provisions of HB 3317, as filed on February 15, 2019, for the reasons set forth in the recitals of this Resolution;

BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to distribute a certified copy of this Resolution to Governor Pritzker; to McHenry County Senators and Representatives; members of the McHenry County Board; the McHenry County Administrator; and Elected Officials and Department Heads.

DATED at Woodstock, Illinois, this 16th day of April, A.D., 2019.


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