97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0195

 

Introduced 01/18/11, by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
60 ILCS 1/60-5
60 ILCS 1/170-15

    Amends the Township Code. Provides that a vacancy in office occurs if a township officer or a member of a township board of directors resigns or is convicted of a disqualifying crime. Provides that an admission of guilt of a criminal offense that would, upon conviction, disqualify the officer from holding that office or the director from membership on the board, in the form of a written agreement with State or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under State or federal law, shall constitute a resignation from that office or board, effective at the time the plea agreement is made. Specifies that a conviction for an offense that disqualifies an officer from holding that office or a director from membership on the board occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, the entry of a finding of guilt. Effective January 1, 2012.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Township Code is amended by changing
5Sections 60-5 and 170-15 as follows:
 
6    (60 ILCS 1/60-5)
7    Sec. 60-5. Filling vacancies in township offices.
8    (a) Except for the office of township or multi-township
9assessor, if a township fails to elect the number of township
10officers that the township is entitled to by law, or a person
11elected to any township office fails to qualify, or a vacancy
12in any township office occurs for any other reason including
13without limitation the resignation of an officer or the
14conviction of an officer for a disqualifying crime, then the
15township board shall fill the vacancy by appointment, by
16warrant under their signatures and seals, and the persons so
17appointed shall hold their respective offices for the remainder
18of the unexpired terms. All persons so appointed shall have the
19same powers and duties and are subject to the same penalties as
20if they had been elected or appointed for a full term of
21office. A vacancy in the office of township or multi-township
22assessor shall be filled only as provided in the Property Tax
23Code.

 

 

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1    For the purposes of this subsection (a), an admission of
2guilt of a criminal offense that would, upon conviction,
3disqualify the officer from holding that office, in the form of
4a written agreement with State or federal prosecutors to plead
5guilty to a felony, bribery, perjury, or other infamous crime
6under State or federal law, shall constitute a resignation from
7that office, effective at the time the plea agreement is made.
8    For purposes of this subsection (a), a conviction for an
9offense that disqualifies an officer from holding that office
10occurs on the date of the return of a guilty verdict or, in the
11case of a trial by the court, the entry of a finding of guilt.
12    (b) If a vacancy on the township board is not filled within
1360 days, then a special township meeting must be called under
14Section 35-5 to select a replacement under Section 35-35.
15    (c) Except as otherwise provided in this Section, whenever
16any township or multi-township office becomes vacant or
17temporarily vacant due to a physical incapacity of a township
18officer, the township or multi-township board may temporarily
19appoint a deputy to perform the ministerial functions of the
20vacant office until the physically incapacitated township
21officer submits a written statement to the appropriate board
22that he or she is physically able to perform his or her duty.
23The statement shall be sworn to before an officer authorized to
24administer oaths in this State. A temporary deputy shall not be
25permitted to vote at any meeting of the township board on any
26matter properly before the board. The compensation of a

 

 

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1temporary deputy shall be determined by the appropriate board.
2The township board shall not appoint a deputy clerk if the
3township clerk has appointed a deputy clerk under Section
475-45.
5    (d) Any person appointed to fill a vacancy under this
6Section shall be a member of the same political party as the
7person vacating the office if the person vacating the office
8was elected as a member of an established political party,
9under Section 10-2 of the Election Code, that is still in
10existence at the time of appointment. The appointee shall
11establish his or her political party affiliation by his or her
12record of voting in party primary elections or by holding or
13having held an office in a political party organization before
14appointment. If the appointee has not voted in a party primary
15election or is not holding or has not held an office in a
16political party organization before the appointment, then the
17appointee shall establish his or her political party
18affiliation by his or her record of participating in a
19political party's nomination or election caucus.
20(Source: P.A. 90-748, eff. 8-14-98.)
 
21    (60 ILCS 1/170-15)
22    Sec. 170-15. Board of directors; appointment; conflict of
23interest; vacancy. Board of directors; appointment; conflict
24of interest; vacancy.
25    (a) The township clerk shall file a petition with the

 

 

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1county clerk of the county in which the township is located,
2reciting that the township clerk certified the proposition to
3the proper election officials, who submitted the proposition at
4an election in and for the township in response to a petition
5signed by 25 voters for the purpose of submitting the
6proposition of establishing a public hospital as provided in
7this Article, and that the election carried by a majority of
8the voters voting at the election on the question. The township
9clerk's petition also shall request the township board to
10appoint a board of directors for the management and operation
11of the hospital.
12    (b) The township board shall appoint 5 persons to serve
13without compensation. The first directors appointed shall hold
14office respectively for one, 2, 3, 4, and 5 years from the
15first Monday in the month following their appointment and until
16their successors are appointed and qualified. On or after the
17first Monday in May of each succeeding year, the township board
18shall appoint one director whose term shall be for 5 years,
19commencing the first Monday in May of the year he or she is
20appointed. Each appointment of a successor director shall be
21made in the same manner and under the same conditions as the
22appointment of his or her predecessor. The length of the term
23of the first directors appointed shall be determined by lot at
24their first meeting, which shall be held not less than 30 days
25after their appointment. A majority of the board of directors
26shall constitute a quorum, but a smaller number may adjourn

 

 

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1from day to day.
2    The township board may, by resolution, increase the
3membership of the board to 7 directors. The resolution shall
4not affect the terms of the incumbent directors. Before the
5first Monday in May following the adoption of the resolution,
6the township board shall appoint 3 directors, one to succeed
7the incumbent whose term expires and the 2 additional directors
8provided for in the resolution, for terms of 3, 4, and 5 years
9from the first Monday in May of the year of the appointment.
10Thereafter, upon the expiration of the term of any director,
11his or her successor shall be appointed for a term of 5 years
12and until a successor is appointed and qualified for a like
13term.
14    If the township board has, by previous resolution,
15increased the membership of the board to 7 directors, the
16township board may by new resolution increase the membership of
17the board by 2 new members in any one year up to a maximum of 11
18directors. The new resolution shall not affect the terms of the
19incumbent directors. Before the first Monday in May following
20the adoption of the new resolution, the township board shall
21appoint a sufficient number of directors so that there will be
22(i) a successor for the full term of each incumbent whose term
23expires and (ii) the 2 additional directors provided for in the
24new resolution for terms of 4 and 5 years from the first Monday
25in May of the year of appointment. Thereafter, upon the
26expiration of the term of any director, his or her successor

 

 

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1shall be appointed for a term of 5 years and until a successor
2is appointed and qualified for a like term.
3    (c) No director or employee of the township shall be
4directly or indirectly interested (i) in any contract, work, or
5business of the township, (ii) in the sale of any article whose
6expense, price, or consideration is paid by the township, or
7(iii) in the purchase of any real estate or property for or
8belonging to the township.
9    (d) Whenever a vacancy in the board of directors occurs
10from a director's death, resignation, or refusal to qualify, or
11for any other reason including without limitation the
12conviction of a director for a disqualifying crime, the
13township board may fill the vacancy by appointment. The person
14appointed or qualified for office under this Section shall
15assume the duties of that person for whose unexpired term he or
16she was appointed.
17    For the purposes of this subsection (d), an admission of
18guilt of a criminal offense that would, upon conviction,
19disqualify the director from membership on the board, in the
20form of a written agreement with State or federal prosecutors
21to plead guilty to a felony, bribery, perjury, or other
22infamous crime under State or federal law, shall constitute a
23resignation from the board, effective at the time the plea
24agreement is made.
25    For purposes of this subsection (d), a conviction for an
26offense that disqualifies a director from membership on the

 

 

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1board occurs on the date of the return of a guilty verdict or,
2in the case of a trial by the court, the entry of a finding of
3guilt.
4(Source: P.A. 88-62; 88-662, eff. 9-16-94.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2012.