Algonquin Township Supervisor is laid up recovering from a stroke and the Algonquin Township Board rightfully need to find a way to get checks signed.
The Northwest Herald reported Tuesday that the intention is to hand the task off to the new Assessor.
Illinois Leaks questions whether such action will be legal in the following article, reprinted with permission:
Algonquin Township – The Circus continues
McHenry Co. (ECWd) –
“Details in reporting are what matter most“, so says the Northwest Herald Editor Jon Styf. We agree.
A recent report by the NWH informed the public that the Algonquin Township Board is going to appoint an interim Supervisor – Titled – Algonquin Township set to name interim supervisor
A minor detail missing is the fact there is no such authority for an appointment of an Interim Supervisor but rather a Deputy Supervisor with very limited powers.
An interim supervisor, if allowed, would be holding the actual office of Supervisor where a Deputy Supervisor is subordinate to the office and powers of an actual Supervisor.
An Important Detail that matters is missing:
A very important detail missing is the fact Richard Alexander is an elected official of the Township and the law forbids such an official to have any other employment in the township.
The position of Deputy Supervisor is a position of employment in the Township of which the compensation “shall” be determined by the board.
50 ILCS 105/2a (b) On and after the effective date of this amendatory Act of the 100th General Assembly, a person elected to or appointed to fill a vacancy in an elected township position, including, but not limited to, a trustee, a supervisor, a highway commissioner, a clerk, an assessor, or a collector, shall not be employed by the township, except that a supervisor or trustee may serve as a volunteer firefighter and receive compensation for that service as provided in subsection (a).
The Officers Prohibited Activities act spells out a very specific prohibition for elected Township officials, and it appears any appointment of the Assessor to the position of Deputy Supervisor would be a violation of that law unless he was to resign his elected position.
The appointment process and limiting powers is spelled out in the Township Code 60 ILCS 1/60-5 and states in part (c):
(c) Except as otherwise provided in this Section, whenever any township or multi-township office becomes vacant or temporarily vacant due to a physical incapacity of a township officer, the township or multi-township board may temporarily appoint a deputy to perform the ministerial functions of the vacant office until the physically incapacitated township officer submits a written statement to the appropriate board that he or she is physically able to perform his or her duty. The statement shall be sworn to before an officer authorized to administer oaths in this State. A temporary deputy shall not be permitted to vote at any meeting of the township board on any matter properly before the board. The compensation of a temporary deputy shall be determined by the appropriate board. The township board shall not appoint a deputy clerk if the township clerk has appointed a deputy clerk under Section 75-45.
Before some try to take the position Deputy Supervisor is not one of employment because he is going to hold this position without pay to help the township out, the law requires compensation to be set, which makes it clear the position is one of employment.
Another applicable law also defines employee and it’s clear, pay or no pay, Deputy Supervisor position is one of employment.
- The Local Government and Governmental Employees Tort Immunity Act defines what an employee includes.(745 ILCS 10/1-202) (from Ch. 85, par. 1-202) Sec. 1-202. “Employee” includes a present or former officer, member of a board, commission or committee, agent, volunteer, servant or employee, whether or not compensated, but does not include an independent contractor. (Source: P.A. 84-1431.)
Applying the plain language of the law, a person holding a position of Deputy Supervisor is an employee of the Township.
That being the case, with or without compensation, that person can not hold that employment if they are also holding an elected office, in this case, the Office of Assessor.
Considering we agree that details in reporting are what matters most, we felt obligated to actually practice what was preached but clearly missed by the NWH in the reporting on Algonquin Township.
As the Circus Tent of Algonquin Township continues to provide circus acts, you can be assured we will continue reporting on it….with details!
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