What Is the Law for Temporarily Replacing Algonquin Township Supervisor Chuck Lutzow?

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

BY KIRK ALLEN ON JUNE 11, 2019 • ( LEAVE A COMMENT )

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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Comments

What Is the Law for Temporarily Replacing Algonquin Township Supervisor Chuck Lutzow? — 13 Comments

  1. Since they never follow the law at this circus, what makes you think they will suddenly do so?

  2. Very insightful.

    In fairness to the NWH, that’s a lot of expertise captured in the above statements that I would never expect the NWH to garner.

    However, good journalism should not take statements from already-discredited sources at face value.

    The NWH missed an opportunity to exercise a muscle they clearly don’t use much.

    ECW should bill Algonquin Township for the sound, well-cited legal advice they have no access to with their inept attorney.

    Just when you thing the circus is winding down, Algonquin Township brings out another act and keeps the entertainment going.

  3. Well, in light of the legal information in this article, I hope the 3 township trustees do not rush this decision, and open up the township taxpayers to more legal fees.

    If everything the watchdogs says is true, and there is no case law that could make it different, then better to be safe then sorry, and the township trustees will have to by-the-book legally create the deputy supervisor position, set up a salary structure, and advertise it to make it available to anyone who wanted to be considered for this temporary appointment.

    I read what Trustee Lawrence said in today’s Northwest Herald, but it appears the “interim” needs to be officially a deputy supervisor.

    Meeting is scheduled for 5PM tomorrow (Wednesday).

    Should be an interesting meeting.

  4. Didn’t Jon Styf ramble on about how his tabloid looks into the details when reporting it’s stories?

    Oh the details Mr. Styf, you really know how to print what you are given!

    It’s so impressive: oh, the way Styf gets into those details.

    It’s so nice to see how Styf is interested in getting to the details!

    Details details details!

    Perhaps it’s the lack of attention to the details that had one of our Supreme Court Justices prevail in a defamation case against the NWH.

    Details Jon!

    Details!

  5. Hey Cal, I suggest that the IP addresses of all commenters be posted instead of a “Name.” Or, require registration to comment, like other reputable sites do. You can even link it with Facebook logons.

    Prevent certain psychopaths from filling your page with nonsense comments from his multiple personalities aka screen names to advance a political agenda.

    Watch the commenter-count & incidence of individuals using multiple fake names drop significantly once their “anonymity” is threatened.

    Just a hunch. 😉

  6. Thanks Cal for the correction.

    My error.

    Guess I need to look at the details

  7. Shaw media is a PoS.

    I stopped subscribing years ago.

    Now they give free newspapers away and deceive their advertisers.

    Rename the local fake news to NWFH Northwest Franks Herald

  8. Mr. Allen, with Kelly as the township master cylinder, do you really expect laws to be obeyed?

    Kelley could screw up the simple task of boiling water.

    I think Algonquin needs more FOIA requests so they can be sued.

    Townships were USELESS in the 20th century.

    In the 21st they are a criminal combine to separate taxpayers to a gang of nepotistic crooks.

  9. “Rachel Lawrence”, and considering the real Algonquin Township Trustee Rachael Lawrence would take the care and spell her first name correctly, I guess Cal can start with you.

  10. LOL, Former Quigley Supporter for the win. Will the real RKL please step forward.

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