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Local Government Q&A Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.
Municipal Q&A - January 2007
When do elected officials take office following the April, 2007, elections?
ANSWER:
It depends on the type of governmental unit. Also, a conflict between two laws may pose a problem next year for some units of local government which are required to install officers at their first regular meeting in May, if that meeting occurs on or before May 8, 2007.
Officials from different types of public entities have different terms of office under State law. The following discussion outlines the rules applicable to each of several types of local governmental units.
Municipalities: A new law amends the Illinois Municipal Code with respect to the time period within with newly-elected officers will take office. The amendment to Section 3.1-10-15 of the Municipal Code specifies that the terms of newly-elected officers begin at the first regular or special meeting in May following the canvass. If a municipality has an ordinance fixing the time for inauguration, it cannot set a date any earlier than the first meeting in May or later than the first regular or special board/council meeting in June. However, in 2007, there is another problem created by the fact that the election will occur on April 17th, which is later than usual due to a conflict with Passover. Because the Election Code now allows for provisional voting, in 2007 the certification of vote results by the election authority will likely occur after the first regular meeting of most municipal boards or councils in May. If a municipality's current ordinance specifies that new officials will be installed at the first regular meeting in May, or if there is no ordinance at all and installation of new officials occurs at the first regular meeting in May under the State statute, we recommend that the municipality amend its ordinance to specify that installation will occur "at the first regular meeting in May following receipt of certified election results for the local election authority." This will avoid the problem of the municipality having to install officials at the first regular meeting in May when it has not yet received certified election results.
Townships: The new law amends the Illinois Township Code with respect to the time period within with newly-elected township supervisors, clerks and trustees will take office. Previously, Section 50-15 of the Township Code, 60 ILCS 1/50-15, provided that township supervisors and clerks entered upon their duties of office on the first Monday of May following their election. Under the new law, their terms of office begin on the third Monday of May. The statute regarding terms of office of highway commissioners, Section 6-116 of the Illinois Highway Code, 605 ILCS 5/6-116, was not amended, most likely due to legislative oversight, so the terms of highway commissioners still commence on the first Monday in May after the election. Further, there is no change to the terms of assessors, which start on January 1st.
Park Districts: Section 2-12 of the Park District Code specifies that commissioners serve "until their successors are elected and qualified." However, some park district boards have adopted an ordinance fixing the term of park commissioners to start on the first meeting following the election. It is likely that in 2007, the election results will not be finalized by then. Accordingly, we recommend that townships adopt an ordinance changing the term to commence on the first meeting following the canvass of election results, in the same manner as recommended for municipalities.
School Districts: The new law amends Sections 10-5 and 10-16 of the Illinois School Code to extend the time within in which school boards must hold their organizational meetings. Under the new law, the board must organize by electing its officers and fixing a time and place for regular meetings within 28 days after the consolidated election, instead of within seven days. Because the amendment to the Election Code now provides for a later canvass of vote results, the canvass will likely occur late in April. Accordingly, we recommend that school districts schedule their organizational meeting in 2007 between May 9th and May 15th so they will have the election results and still meet the obligation to organize within 28 days after the election.
Fire Protection Districts: The new law amends the Illinois Fire Protection District Act with respect to the time period within with newly-elected trustees will take office. Previously, Section 4a(2) of the Act, 70 ILCS 705/4a(2), provided that trustees entered upon their duties of office on the first Monday of the month following their election. Under the new law, their terms of office begin on the third Monday of the month following their election.
Libraries: The new law amends the Public Library District Act by specifying that newly-elected trustees shall take their oaths of office and meet to organize the board within 74 days after their election or appointment. 75 ILCS 16/30-40. The Act previously required the oaths to be taken and the meeting to occur within 60 days. The Act was also amended to specify that the first officers shall serve for terms set by ordinance but not to exceed two years, ending on the third Monday of the month following each regular election or until their successors are duly elected by the Board. 75 ILCS 16/30-40(e). Such terms previously ended on the first Monday of the month following the election.
Previous Questions
What must a municipality do to allow "electronic participation" in public meetings?
Can a municipality restrict political campaign signs on private property?
Must a municipality prohibit religious groups from using public facilities for meetings and announcements even though non-religious groups are permitted to do so?
May a local government body utilize video surveillance equipment to monitor the activities of its residents without first obtaining a warrant or providing notice to residents with a posted sign?
What are municipalities required to do to restructure firefighter pension boards in April 2006?
Does an arrest or conviction record bar hiring as a police officer or firefighter?
Are Local Governments Eligible
For Grants From Private Foundations?
What Does the New Bankruptcy Law Mean for Municipalities?
Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?
Is it important for governmental bodies to obtain completion and payment bonds for public works projects?
Can a local government ban convicted sex offenders from use of public parks?
Business Development District Sales Tax:
A New Revenue Source for Municipalities
May a local government require a developer to pay the cost of review of development plans?
May a governmental body give money to a charitable or religious organization?
What is the new Illinois law regarding terms of office of elected public officials?
Are religious institutions entitled to special treatment in zoning cases?
What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?
What Must Municipal Officials Do To Comply With The New State Ethics Acts?
Can a special use or variance be granted only to a particular person for for a limited time?
Does charging a fee for private use of public property destroy its tax-exempt status?
Does the one-year tort statute of limitations always apply against governmental bodies?
Do fire protection district codes supercede municipal codes?
Are Courts Especially Hard On Governmental Bodies?
What Are the New Rules About Recording Closed Meetings?
What Does a Municipality Need to Know About Extending
Utility Lines?
Are Courts Especially Hard On Governmental Bodies?
How Can You Achieve Flexibilty in
Health Care Coverages in a Collective Bargaining Agreement?
Are political discussions subject to the Open Meetings Act?
What can be done about IMRF Overfunding?
How can a municipality regulate wireless internet service providers?
How can governments counter unionization?
Where can I find an outline of zoning and planning issues?
How are closed session Minutes taken, approved and reviewed?
Will insurance companies and governmental pools cover claims
for "regulatory takings?"
Who gets to choose the municipal attorney?
How are the Open Meetings Act and FOIA impacted by municipal
elections?
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