2021 IL App (4th) 210091
Ill. App. Ct.2021Background
- Champaign County adopted the county executive form of government (Division 2‑5); Darlene Kloeppel was later elected county executive.
- Vacancies occurred in elective county offices (county treasurer and four county board seats) and were filled by appointment of the county board chair under the Election Code practice.
- Kloeppel sued, seeking a declaration that 55 ILCS 5/2‑5009(d) (County Executive Law) gives the county executive the power to appoint persons to "the various boards and commissions," including filling vacancies in elective offices and on the county board.
- The County Board relied on 10 ILCS 5/25‑11 (Election Code), which expressly assigns appointment power for vacancies in elective county offices to the chair of the county board with the board's advice and consent.
- The trial court treated cross‑motions as cross‑motions for summary judgment, held that the county executive holds the appointment power, and entered summary judgment for Kloeppel; the County Board appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who appoints to vacancies in elective county offices under the county executive form of government? | Kloeppel: 55 ILCS 5/2‑5009(d) requires the county executive to appoint persons to "various boards and commissions," which (given there is no elected county board chair under the county executive form) must include vacancies in elective county offices and thus makes the county executive the appointing officer. | County Board: 10 ILCS 5/25‑11 specifically requires the chair of the county board to appoint replacements for elective county offices with advice and consent of the board; the County Executive Law does not abolish the chair or override the Election Code and the statutes can be read harmoniously. | The court reversed the trial court: the Election Code (10 ILCS 5/25‑11) governs appointments to vacancies in elective county offices and vests that power in the chair of the county board; section 2‑5009(d) covers appointments to non‑elected boards and commissions. |
Key Cases Cited
- Michigan Avenue Nat'l Bank v. County of Cook, 191 Ill. 2d 493 (principle that statutory text is the primary evidence of legislative intent)
- Knolls Condominium Ass'n v. Harms, 202 Ill. 2d 450 (related statutes should be read together and harmonized where possible)
- Laborers' Int'l Union of N. Am. v. Ill. State Labor Relations Bd., 154 Ill. App. 3d 1045 (specific statutory words are best evidence of legislative intent)
- Village of Chatham v. County of Sangamon, 351 Ill. App. 3d 889 (presumption that legislature acted with knowledge of existing statutes; more specific controls over general)
- People v. Pullen, 192 Ill. 2d 36 (court cannot rewrite unambiguous statutory language to correct legislative oversight)
- Bryant v. Bd. of Election Comm'rs, 224 Ill. 2d 473 (a county executive is a creature of statute and possesses only powers conferred by law)