February 21st, two-term elected McHenry County Coroner submitted her letter of resignation.
When an elected official resigns, the County Board Chairman is told by state law to appoint a replacement.
Jack Franks, an attorney, acts as if the law does not apply to him.
So, here we are nine months after Dr. Majewski resigned and the statue’s direction that the “vacancy shall be filled within 60 days” remains unfulfilled.
Majewski’s total compensation was $111,765.04 for the latest full Fiscal Year ending in November of a year ago.
That included
- $104,750 in salary
- zero in health insuranc
- $515.04 in dental insurance
- $6,500 in a state-financed “stipend”
Sheriff’s Lt. John Miller has been assigned to assume the duties of the Coroner until a replacement is selected by Franks and confirmed by the County Board.
His total compensation was $135,250.56, almost $23,500 more than Majewski’s and comprised of
- $114,171.20 in salary
- $19,043.04 in health insurance
- $1,036.32 in dental insurance
- $1,000 in clothing allowance
“Miller is currently working in a dual role (Lieutenant of Day Shift and Acting Coroner),” the Sheriff’s Department writes.
“McHenry County Sheriff’s squad #506 is currently assigned to him.”
Majewski did not have a county car.
So, it seems county taxpayers are saving the compensaton Majewski would have receicved.
What are the qualifications to be a county coroner in Illinois?
I assume the Lt. meets them.
“The Writ of Mandamus is a civil action and can be used as a quick remedy in situations where the government fails to take action when it is vested with a duty to do so.”
https://civilprocedure.uslegal.com/articles/law-on-writ-of-mandamus-illinois/
Also see the Illinois Code of Civil Procedure regarding mandamus: 735 ILCS 5/14-101.
Illinois Compiled Statutes (ILCS)
(10 ILCS 5/25-11)
(from Ch. 46, par. 25-11)
Sec. 25-11.
When a vacancy occurs in any elective county office, or in a county of less than 3,000,000 population in the office of clerk of the circuit court, in a county which is not a home rule unit, the county board or board of county commissioners shall declare that such vacancy exists and notification thereof shall be given to the county central committee or the appropriate county board or board of county commissioners district committee of each established political party within 3 days of the occurrence of the vacancy.
The vacancy shall be filled within 60 days by appointment of the chair of the county board or board of county commissioners with the advice and consent of the county board or board of county commissioners.
In counties in which forest preserve district commissioners are elected by districts and are not also members of the county board, however, vacancies in the office of forest preserve district commissioner shall be filled within 60 days by appointment of the president of the forest preserve district board of commissioners with the advice and consent of the forest preserve district board of commissioners.
In counties in which the forest preserve district president is not also a member of the county board, vacancies in the office of forest preserve district president shall be filled within 60 days by the forest preserve district board of commissioners by appointing one of the commissioners to serve as president.
The appointee shall be a member of the same political party as the person he succeeds was at the time of his election and shall be otherwise eligible to serve.
The appointee shall serve the remainder of the unexpired term. However, if more than 28 months remain in the term, the appointment shall be until the next general election at which time the vacated office shall be filled by election for the remainder of the term.
In the case of a vacancy in a seat on a county board or board of county commissioners which has been divided into districts under Section 2-3003 or 2-4006.5 of the Counties Code, the appointee must also be a resident of the county board or county commission district.
If a county commissioner ceases to reside in the district that he or she represents, a vacancy in that office exists.
Except as otherwise provided by county ordinance or by law, in any county which is a home rule unit, vacancies in elective county offices, other than the office of chief executive officer, and vacancies in the office of clerk of the circuit court in a county of less than 3,000,000 population, shall be filled by the county board or board of county commissioners.
(Source: P.A. 100-1027, eff. 1-1-19.)
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=001000050K25-11
McHenry County is not a home rule unit of government.
McHenry County does not have a County Executive form of government.
McHenry County has what is called a Township form of government.
https://ilcounty.org/resources/illinois-counties/forms-of-counties
Illinois Association of County Board Members (IACBM)
Inside the Courthouse (2019 Revised)
County Coroner
Training
“In most states, including Illinois, the Office of the Coroner is open to lay persons.
However, some states require that the coroner be a physician (medical examiner).
A medical examiner is an appointed official with necessary qualifications, while a coroner is an elected official with no required qualifications.
The Office of the Medical Examiner of Cook County is the only medical examiner system in Illinois.
Within 30 days of assuming office, a coroner must apply for admission to the Illinois Law Enforcement Training Standards Board coroners training program.
The program must be completed within six months of application.
All coroners must complete the training program at least once during their time in office.
In addition, every coroner shall attend at least 24 hours of accredited continuing education each year.”
https://ilcounty.org/file/212