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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/2-4010
(55 ILCS 5/2-4010)
Sec. 2-4010.
Qualifications of County Board Members and Commissioners.
In
counties with a population of 3,000,000 or less, no
person is eligible to hold the office of county board member or commissioner
unless he or she is a legal voter and has been a resident of the county for at
least one year next preceding the election.
(Source: P.A. 90-173, eff. 1-1-98.)
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55 ILCS 5/Div. 2-5
(55 ILCS 5/Div. 2-5 heading)
Division 2-5.
County Executive Form of Government
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55 ILCS 5/2-5001
(55 ILCS 5/2-5001) (from Ch. 34, par. 2-5001)
Sec. 2-5001.
Subtitle.
This Division shall be subtitled the
"County Executive Law".
(Source: P.A. 86-962.)
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55 ILCS 5/2-5002
(55 ILCS 5/2-5002) (from Ch. 34, par. 2-5002)
Sec. 2-5002.
Legislative determination.
It is declared as a matter of legislative determination that in order to
promote the health, safety, morals and welfare of the public it is
necessary in the public interest to provide for an elected county executive
form of county government in accordance with Sections 4(a) and 6(a) of
Article VII of the 1970 Illinois Constitution, and to permit counties
which become home rule units by adopting an elected form of county
executive government to simultaneously, pursuant to Section 6(b) of Article
VII of the 1970 Illinois Constitution, elect not to be home rule units by
referendum.
(Source: P.A. 86-962.)
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55 ILCS 5/2-5003
(55 ILCS 5/2-5003) (from Ch. 34, par. 2-5003)
Sec. 2-5003. Definitions. As used in this Division, unless the
context requires otherwise:
"County board" or "board" means the legislative governing body of any county
other than Cook County which has adopted the county executive form of
government under this Division.
"County board speaker" or "speaker" means the county board member elected by the county board to serve as the lead representative for the county board, and may be referred to as the "county board speaker", "speaker", "county board chair", or "chair". "County executive" means the county official elected by the voters
of any county other than Cook County to be the chief executive officer to
administer the county executive form of government under this Division.
"County executive form of government" means that form of government
in which the departments of county government are administered by a single
county official called the county executive elected at large by the
qualified voters of the county. The board shall act as the legislative body
of the county under this form of county government.
(Source: P.A. 102-1120, eff. 1-23-23.)
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55 ILCS 5/2-5004
(55 ILCS 5/2-5004) (from Ch. 34, par. 2-5004)
Sec. 2-5004.
Establishment of county executive form of government.
Any county other than Cook County may establish the county executive
form of government for that county by submission to and approval by the
electors of the county of the proposition at a referendum as provided in
Section 2-5005. A referendum to adopt the county executive form of
government may be called by a resolution adopted by the county board of the
county or by the filing of a petition as provided in Section 2-5005.
(Source: P.A. 86-962.)
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55 ILCS 5/2-5005
(55 ILCS 5/2-5005) (from Ch. 34, par. 2-5005)
Sec. 2-5005.
Referendum on resolution of county board.
(a)
If the county board adopts a resolution calling for a referendum
on the proposal to adopt the county executive form of government and home
rule for the county, within the time provided in the general election law,
the county clerk and the county board shall provide for the submission of
such proposition to the electors of the county in accordance with this Section
at the next general election held in an even-numbered year.
Upon filing of a petition with the clerk of the circuit court of the county
within the time provided in the general election law signed by at least 2%
of the registered voters in the county or 500 individuals, whichever is
less, requesting that the county executive form of government be established
in the county, the clerk of the circuit court shall transmit the petition
to the chief judge of the circuit court who shall determine the sufficiency
of the petition or shall assign the determination of the sufficiency of
the petition to a circuit judge who shall make the determination. If the
judge determines that the petition is sufficient, he shall certify the
sufficiency of the petition and shall issue an order directing the county
clerk and the county board to provide for the submission of such
proposition to the electors of the county at the next general
election held in an even-numbered year.
The referendum shall be conducted in such a manner as is prescribed
in the general election law.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the County of .......... become a Home YES Rule County and establish the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
county executive form of NO government? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(b) If the county board adopts a resolution calling for a referendum
on the proposal to adopt the county executive form of government and elect
not to be a home rule unit within the time provided in the general
election law, the county clerk and the county board shall provide for the
submission of such proposition to the electors of the county in accordance
with this Section at the next general election held in an
even-numbered year.
Upon filing of a petition with the clerk of the circuit court of the
county within the time provided in the general election law signed by at
least 2% of the registered voters in the county or 500 individuals,
whichever is less, requesting that the county executive form of government
be established in the county and that the county elect not to be a home
rule unit, the clerk of the circuit court shall transmit
the petition to the chief judge of the circuit court who shall determine
the sufficiency of the petition or shall assign the determination of the
sufficiency of the petition to a circuit judge who shall make the
determination. If the judge determines that the petition is sufficient, he
shall certify the sufficiency of the petition and shall issue an order
directing the county clerk and the county board to provide
for the submission of such proposition to the electors of the county
at the next general election held in an even-numbered year.
The referendum shall be conducted in such a manner as is prescribed in
the general election law.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the County of ....... YES adopt the county executive - - - - - - - - - - - - - - - - - - - - - - - - - -
form of government and elect NO not to become a home rule unit? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(c) If a majority of the voters voting on the proposition described in
subsection (a) or (b) vote in favor of it, the board shall proceed to
establish the county executive form of government in accordance with this
Division. A referendum under this Section may be held in a county only
once within any 23-month period.
(Source: P.A. 86-962; 86-1028 .)
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55 ILCS 5/2-5006
(55 ILCS 5/2-5006) (from Ch. 34, par. 2-5006)
Sec. 2-5006.
Election of chief executive officer.
The
electors of a county which has adopted the county executive
form of government under this Division shall, at the next
general election, and at the general election every 4 years
subsequent, elect a chief executive officer. Nominations for
the office of chief executive officer shall be made in the
manner provided for other county officers in the general
election law. The election of the chief executive officer
shall be governed by the provisions of the general election
law applicable to the election of county officers.
(Source: P.A. 86-962.)
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55 ILCS 5/2-5007
(55 ILCS 5/2-5007) (from Ch. 34, par. 2-5007)
Sec. 2-5007. Term of county executive. The county executive shall
serve a term of 4 years, commencing on the first Monday in the month
following the month of the election in which the county executive was elected and until a successor is elected
and qualified.
(Source: P.A. 102-1120, eff. 1-23-23.)
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55 ILCS 5/2-5008
(55 ILCS 5/2-5008) (from Ch. 34, par. 2-5008)
Sec. 2-5008.
Qualifications of county executive.
The qualifications
for the office of county executive are the same as those for membership on
the board. However, the county executive shall not be an elected member of
the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/2-5009
(55 ILCS 5/2-5009) (from Ch. 34, par. 2-5009)
Sec. 2-5009. Duties and powers of county executive. Any county executive elected under this Division shall:
(a) see that all of the orders, resolutions and regulations of the board
are faithfully executed;
(b) coordinate and direct by executive order or otherwise all
administrative and management functions of the county government except the
offices of elected county officers;
(b-5) control the internal operations of the county executive's office and procure the necessary equipment, materials, and services to perform the duties of that office; (c) prepare and submit to the board for its approval the annual budget
for the county required by Division 6-1 of this Code;
(d) appoint, with the advice and consent of the board, persons to serve
on the various boards and commissions to which appointments are provided by
law to be made by the board;
(d-5) make appointments to fill vacancies occurring in the office of an elected county officer other than the office of an elected member of the county board in accordance with Section 25-11 of the Election Code in counties, other than Champaign County, operating under the county executive form of government under this Division; (e) appoint, with the advice and consent of the board, persons to serve
on various special districts within the county except where appointment to
serve on such districts is otherwise provided by law;
(e-5) except as otherwise provided by law, remove or suspend, in the county executive's discretion and after notice and hearing, anyone whom the county executive has the power to appoint under subsection (d) or (e); (f) make an annual report to the board on the affairs of the county, on
such date and at such time as the board shall designate, and keep the board
fully advised as to the financial condition of the county and its future
financial needs;
(f-5) appoint, with the advice and consent of the board, all department heads for any county departments; (g) hire such subordinate
deputies, employees and appointees for the general administration of county
affairs as considered necessary, except those deputies, employees and
appointees in the office of an elected county officer or county board member;
(h) except as otherwise provided by law, remove or suspend, in the discretion of the county executive, department heads for a county department and
anyone whom the county executive has the power to hire under subsection (g);
(i) require reports and examine accounts, records and operations of all
county administrative units;
(j) supervise the care and custody of all county property including
institutions and agencies;
(k) approve or veto ordinances or resolutions pursuant to Section
2-5010;
(l) preside over board meetings; however, the county executive
is not entitled to vote except to break a tie vote;
(l-5) for a county executive of a county that has adopted the executive form of government on or before the effective date of this amendatory Act of the 96th General Assembly, if the County Executive is temporarily not available to preside over a board meeting, the County Executive shall designate a board member to preside over the board meeting; (m) call a special meeting of the county board, by a written
executive order signed by the county executive and upon 24 hours notice by delivery of a
copy of such order to the residence of each board member;
(n) with the advice and consent of the county board, enter into
intergovernmental agreements with other governmental units;
(o) with the advice and consent of the county board, negotiate on
behalf of the county with governmental units and the private sector for the
purpose of promoting economic growth and development;
(p) at the discretion of the county executive, appoint a person to serve as legal counsel at
an annual salary no greater
than the annual salary of the state's attorney of the county;
(q) perform such other duties as shall be required of the county executive by the board.
(Source: P.A. 102-1120, eff. 1-23-23.)
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55 ILCS 5/2-5010
(55 ILCS 5/2-5010) (from Ch. 34, par. 2-5010)
Sec. 2-5010. Approval of ordinances. Any ordinance passed, adopted or
otherwise enacted by the board shall before it becomes effective be
presented to the county executive. If the county executive approves such
ordinance, resolution or motion, the county executive shall sign it; if not, the county executive shall return
it to the board with the objections, which shall be entered and spread upon
the journal, and the board shall proceed to reconsider the matter. If after
such reconsideration 3/5 of the members of the board pass such ordinance,
it shall become effective on the date prescribed but not earlier than the
date of passage following reconsideration. In all such cases the votes of
the members of the board shall be determined by yeas and nays and the names
of the members voting for or against such ordinance objected to by the
county executive shall be entered and spread upon the journal. If any
ordinance is not returned by the county executive to the board at its first
meeting occurring not less than 6 days, Sundays excepted, after it has been
presented to the county executive, it shall become effective unless the board has recessed
or adjourned for a period in excess of 60 days, in which case it shall not
become effective without the approval of the county executive. Items of appropriation may be
approved or vetoed by the county executive. Any item approved by the county
executive and all items not vetoed shall become law, and any item vetoed
shall be returned to and reconsidered by the board in the same manner as
provided in this Section for other ordinances returned to the board without
approval.
(Source: P.A. 102-1120, eff. 1-23-23.)
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55 ILCS 5/2-5011
(55 ILCS 5/2-5011) (from Ch. 34, par. 2-5011)
Sec. 2-5011. Death, resignation or inability of county executive. In
case of the death, resignation or other inability of the county executive
to act, the board shall select a person qualified under Section 2-5008 and Section 25-11 of the Election Code to
serve as the interim county executive until the next general election.
(Source: P.A. 96-1540, eff. 3-7-11.)
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55 ILCS 5/2-5012
(55 ILCS 5/2-5012) (from Ch. 34, par. 2-5012)
Sec. 2-5012.
Salary of county executive.
The salary of the county
executive shall be fixed by the board and shall be not less than 1 1/2
times the amount of the compensation to which a member of the board is
entitled.
(Source: P.A. 86-962.)
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55 ILCS 5/2-5013
(55 ILCS 5/2-5013) (from Ch. 34, par. 2-5013)
Sec. 2-5013.
Discontinuance of county executive form of government.
Any county which has adopted the county executive form of government may
discontinue that form of government only as provided in this Section. The
board upon receipt of a petition, not less than 78 days before a general
election, calling for discontinuance of the county executive form of
government and signed by a number of registered voters of the county equal
to or greater than 5% of the number who voted in the last regular election
held in the county at which county officers were elected shall provide by
resolution for submission of the proposition for discontinuance to the
electors of the county at the next general election. The board shall
certify the resolution and the proposition to the proper election officials
who shall submit the proposition at the next general election in accordance
with the general election law. The proposition shall be in substantially
the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the County of .......... discontinue the county executive YES form of government and (if a home - - - - - - - - - - - - - - - - - - - - - - - - -
rule county) become a nonhome rule NO county? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the voters voting on the proposition vote in favor of
discontinuance of the county executive form of government, the office of
county executive shall be abolished as of the first Monday in December
following the holding of the election and the board elected in the county
shall meet, organize and resume the conduct of the affairs of the county
wholly as the county board. A referendum under this Section may be held in
any county only once within any 47-month period.
(Source: P.A. 86-962 .)
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55 ILCS 5/2-5014
(55 ILCS 5/2-5014) (from Ch. 34, par. 2-5014)
Sec. 2-5014. Certified statements by county clerk. At least 20 days
prior to any referendum under Section 2-5005 or Section 2-5013, the county
clerk shall file with the Secretary of State a certified statement
indicating when such a referendum will be held. Within 30 days after any
such referendum the county clerk shall file with the Secretary of State a
certified statement showing the results of the referendum and the resulting
status of the county as a home rule county or a non-home rule county. The
Secretary of State shall maintain such certified statements in the office of the Secretary of State
as a public record.
(Source: P.A. 102-1120, eff. 1-23-23.)
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55 ILCS 5/2-5015
(55 ILCS 5/2-5015) (from Ch. 34, par. 2-5015)
Sec. 2-5015. County board chair; superseding plan for election of county board chairman. (a) Notwithstanding any provision of law to the contrary, in a county that has adopted the county executive form of government under this Division, the county board chairman, county board chairperson, or county board chair shall only have those powers and duties set forth in this Division. Any powers and duties vested in a county board chairman, county board chairperson, or county board chair in any Illinois statute, other than this Division, Section 11 of the Public Health District Act, and Section 25-11 of the Election Code, shall instead be vested in the county executive in those counties that have adopted the county executive form of government. (b) The adoption of the county executive form of government by any county
pursuant to this Division shall supersede any plan adopted by
the county board of that county pursuant to Section 2-3007, as now or
hereafter amended, for the election of the chairman of the county board by
the voters of the county.
(Source: P.A. 102-1120, eff. 1-23-23.)
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