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Wednesday, September 19, 2018

Reminder of Deadline to Modify Elected Official Compensation


We have reported on this issue in the past, but wanted to send another reminder this year since we are approaching the deadline to change your elected official's compensation in time for next spring's election.
Section 2 of the Local Government Officer Compensation Act states that the compensation of elected officers “shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed.”  50 ILCS 145/2.  While the 180 day calculation seems simple, the actual date will differ depending on the type of government unit.

For example, for townships, it is easy to calculate the 180 days, because all township officials, except assessors, take office on the third Monday in May (May 20, 2019), so the deadline to set compensation for elected township officials is November 21, 2018.  60 ILCS 1/50-15.  

The deadline for setting compensation is more complicated with other local governments that do not have fixed dates for their officers taking office. 

For municipalities, the Illinois Municipal Code states that terms for municipal elected officials commence “at the first regular or special meeting of the corporate authorities after receipt of the official election results from the county clerk…unless as otherwise provided by ordinance,” but then that ordinance cannot fix the date later than the first regular or special meeting in the month of June after the election.  65 ILCS 5/3.1-10-15. So, the date on which new municipal officers will take office will vary from municipality to municipality, depending on local ordinances, meeting dates, and other factors. As a result, a municipality might want to act soon if it wants to change the compensation for its elected officials to ensure that the action takes place at least 180 days prior to the new officers taking office, which could be in April, May, or June.

Post Authored by Julie Tappendorf

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