(70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
Sec. 3a.
Except as otherwise provided in this
Section, and except as provided in Section
3c, 3d, and 3.5, the affairs of the district shall be managed by a
board of commissioners
consisting of 5 commissioners, who shall be appointed by the presiding
officer of the county board of the county in which such forest preserve
district is situated, with the advice and consent of such county board.
The first appointment shall be made within 90 days and not sooner than
60 days after such forest preserve district has been organized as
provided herein. Each member of such board so appointed shall be a
legal voter in such district. The first commissioners shall be appointed
to hold office for terms of one, 2, 3, 4, and 5 years, and until June 30
thereafter, respectively, as determined and fixed by lot. Thereafter,
successor commissioners shall be appointed in the same manner no later than
the first day of the month in which the term of a commissioner expires.
Except as provided in Section 3c and 3d, a
vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term by appointment of a commissioner by the county
board chairman with the advice and consent of the members of the county
board. In the one district in existence on July 1, 1977, that is managed
by an appointed board of commissioners, the incumbent 5 commissioners shall
complete their respective terms as originally prescribed in this Act. However,
upon the expiration of the terms of 2 of the incumbent commissioners on
January 1, 1978, they or their successors shall be appointed to hold office
for terms of 3 and 5 years, and until June 30 thereafter, respectively,
as determined and fixed by lot. Furthermore, upon the expiration of the
terms of the remaining incumbent commissioners on January 1, 1980, they or
their successors shall be appointed to hold office for terms of 2, 4, and 5
years, and until June 30 thereafter, respectively,
as determined and fixed by lot. Thereafter, each successor commissioner
shall be appointed for a term of 5 years. Each member of
the board before entering upon the duties of his office shall take the
oath prescribed by the constitution. From the time of the appointment
of the first board of commissioners, such forest preserve district shall
be construed in all courts to be a body corporate and politic by the name
and style determined as aforesaid and by such name may sue and be sued,
contract and be contracted with, acquire and hold real and personal
estate necessary for its corporate purposes and adopt a seal and alter
the same at its pleasure.
In case the boundaries of a district are co-extensive with
the
boundaries of any county, city, village, incorporated town or sanitary
district, the corporate authorities of such county (until the commissioners
elected under Section 3c and 3d take office), city, village,
incorporated town or sanitary district shall have and exercise the
powers and privileges and perform the duties and functions of the
commissioners provided for in this Act and in that
case no commissioner shall
be appointed for that district. The corporate
authorities, other than
members of a county board in counties under township organization having
a population of less than 3,000,000 and members of a county board in a
county not under township organization who were elected prior to July 1,
1965, shall act without any other pay than that already provided by law.
The members of a county board of a county under township organization
and members of a county board of a county not under township
organization who were elected prior to July 1, 1965, who also act as
commissioners of a forest preserve district in counties having a
population of less than 3,000,000 may receive for their services as
commissioners of a forest preserve district a per diem fee to be fixed
by such board, but not to exceed $36 per day, which shall be in full for
all services rendered on such day, or an annual salary to be fixed by such
board, but not to exceed $3,000, plus mileage expenses at a rate not more
than the amount allowed for members of the county board of such county, as
fixed by the board, for each mile necessarily traveled in attending
meetings of the board of such district, plus any expense incurred while,
or in connection with, carrying out the business of such district
outside the boundaries of such district, payable from the forest
preserve district treasury. The president of the Board of Commissioners
of the Forest Preserve District in counties of less than 3 million may receive
in lieu of a per diem fee an annual salary to be fixed by such board.
No Forest Preserve Commissioner shall file for a per diem payment for services
rendered on the same day for which he filed for a per diem payment as a county
supervisor. When the county board also acts as such commissioners, a member of
the county board of a county under township organization and a member of the
county board of a county not under township organization, who is elected prior
to July 1, 1965 may, with the permission of the county board, work alone as
such a commissioner and be paid in the usual manner.
Unless otherwise qualified, the term "board", when used in this Act,
means the board of commissioners of any forest preserve district, or the
corporate authorities of any county, city, village, incorporated town,
or sanitary district, when acting as the governing body of a forest
preserve district.
(Source: P.A. 96-239, eff. 8-11-09.)
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