Bill Text: IL HB0195 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-08-11 - Public Act . . . . . . . . . 97-0295 [HB0195 Detail]

Download: Illinois-2011-HB0195-Chaptered.html

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Public Act 097-0295
HB0195 Enrolled LRB097 05123 KMW 45168 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Township Code is amended by changing
Sections 60-5 and 170-15 as follows:
(60 ILCS 1/60-5)
Sec. 60-5. Filling vacancies in township offices.
(a) Except for the office of township or multi-township
assessor, if a township fails to elect the number of township
officers that the township is entitled to by law, or a person
elected to any township office fails to qualify, or a vacancy
in any township office occurs for any other reason including
without limitation the resignation of an officer or the
conviction in any court of the State of Illinois or of the
United States of an officer for an infamous crime, then the
township board shall fill the vacancy by appointment, by
warrant under their signatures and seals, and the persons so
appointed shall hold their respective offices for the remainder
of the unexpired terms. All persons so appointed shall have the
same powers and duties and are subject to the same penalties as
if they had been elected or appointed for a full term of
office. A vacancy in the office of township or multi-township
assessor shall be filled only as provided in the Property Tax

Code.
For purposes of this subsection (a), a conviction for an
offense that disqualifies an officer from holding that office
occurs on the date of (i) the entry of a plea of guilty in
court, (ii) the return of a guilty verdict, or (iii) in the
case of a trial by the court, the entry of a finding of guilt.
(b) If a vacancy on the township board is not filled within
60 days, then a special township meeting must be called under
Section 35-5 to select a replacement under Section 35-35.
(c) Except as otherwise provided in this Section, whenever
any township or multi-township office becomes vacant or
temporarily vacant due to a physical incapacity of a township
officer, the township or multi-township board may temporarily
appoint a deputy to perform the ministerial functions of the
vacant office until the physically incapacitated township
officer submits a written statement to the appropriate board
that he or she is physically able to perform his or her duty.
The statement shall be sworn to before an officer authorized to
administer oaths in this State. A temporary deputy shall not be
permitted to vote at any meeting of the township board on any
matter properly before the board. The compensation of a
temporary deputy shall be determined by the appropriate board.
The township board shall not appoint a deputy clerk if the
township clerk has appointed a deputy clerk under Section
75-45.
(d) Any person appointed to fill a vacancy under this

Section shall be a member of the same political party as the
person vacating the office if the person vacating the office
was elected as a member of an established political party,
under Section 10-2 of the Election Code, that is still in
existence at the time of appointment. The appointee shall
establish his or her political party affiliation by his or her
record of voting in party primary elections or by holding or
having held an office in a political party organization before
appointment. If the appointee has not voted in a party primary
election or is not holding or has not held an office in a
political party organization before the appointment, then the
appointee shall establish his or her political party
affiliation by his or her record of participating in a
political party's nomination or election caucus.
(Source: P.A. 90-748, eff. 8-14-98.)
(60 ILCS 1/170-15)
Sec. 170-15. Board of directors; appointment; conflict of
interest; vacancy. Board of directors; appointment; conflict
of interest; vacancy.
(a) The township clerk shall file a petition with the
county clerk of the county in which the township is located,
reciting that the township clerk certified the proposition to
the proper election officials, who submitted the proposition at
an election in and for the township in response to a petition
signed by 25 voters for the purpose of submitting the

proposition of establishing a public hospital as provided in
this Article, and that the election carried by a majority of
the voters voting at the election on the question. The township
clerk's petition also shall request the township board to
appoint a board of directors for the management and operation
of the hospital.
(b) The township board shall appoint 5 persons to serve
without compensation. The first directors appointed shall hold
office respectively for one, 2, 3, 4, and 5 years from the
first Monday in the month following their appointment and until
their successors are appointed and qualified. On or after the
first Monday in May of each succeeding year, the township board
shall appoint one director whose term shall be for 5 years,
commencing the first Monday in May of the year he or she is
appointed. Each appointment of a successor director shall be
made in the same manner and under the same conditions as the
appointment of his or her predecessor. The length of the term
of the first directors appointed shall be determined by lot at
their first meeting, which shall be held not less than 30 days
after their appointment. A majority of the board of directors
shall constitute a quorum, but a smaller number may adjourn
from day to day.
The township board may, by resolution, increase the
membership of the board to 7 directors. The resolution shall
not affect the terms of the incumbent directors. Before the
first Monday in May following the adoption of the resolution,

the township board shall appoint 3 directors, one to succeed
the incumbent whose term expires and the 2 additional directors
provided for in the resolution, for terms of 3, 4, and 5 years
from the first Monday in May of the year of the appointment.
Thereafter, upon the expiration of the term of any director,
his or her successor shall be appointed for a term of 5 years
and until a successor is appointed and qualified for a like
term.
If the township board has, by previous resolution,
increased the membership of the board to 7 directors, the
township board may by new resolution increase the membership of
the board by 2 new members in any one year up to a maximum of 11
directors. The new resolution shall not affect the terms of the
incumbent directors. Before the first Monday in May following
the adoption of the new resolution, the township board shall
appoint a sufficient number of directors so that there will be
(i) a successor for the full term of each incumbent whose term
expires and (ii) the 2 additional directors provided for in the
new resolution for terms of 4 and 5 years from the first Monday
in May of the year of appointment. Thereafter, upon the
expiration of the term of any director, his or her successor
shall be appointed for a term of 5 years and until a successor
is appointed and qualified for a like term.
(c) No director or employee of the township shall be
directly or indirectly interested (i) in any contract, work, or
business of the township, (ii) in the sale of any article whose

expense, price, or consideration is paid by the township, or
(iii) in the purchase of any real estate or property for or
belonging to the township.
(d) Whenever a vacancy in the board of directors occurs
from a director's death, resignation, or refusal to qualify, or
for any other reason including without limitation the
conviction in any court of the State of Illinois or of the
United States of a director for an infamous crime, the township
board may fill the vacancy by appointment. The person appointed
or qualified for office under this Section shall assume the
duties of that person for whose unexpired term he or she was
appointed.
For purposes of this subsection (d), a conviction for an
offense that disqualifies a director from membership on the
board occurs on the date of (i) the entry of a plea of guilty in
court, (ii) the return of a guilty verdict, or (iii) in the
case of a trial by the court, the entry of a finding of guilt.
(Source: P.A. 88-62; 88-662, eff. 9-16-94.)