Note: this is part 1 of a 2-part series on elected officials compensation. Stay tuned for part 2 tomorrow
Although the outcome of the
November 2024 elections is still unresolved, it is time for Illinois local
governments to start focusing on the 2025 elections. One important action step that needs to move
to the top of your list is establishing compensation for the officers who will
be elected in 2025.
Section 2 of the
Local Government Officer Compensation Act specifies 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.” Section 3.1-50-10 of the Illinois Municipal
Code contains the same requirement.
For most units of local government that want to set the salaries of the officials who
will be elected at the April 1, 2025 election, the precise calculations can be
a little tricky, as discussed below, but most public bodies will meet this
deadline if they take action before the end of October. For townships, it is simple to calculate the
180-day deadline, because all township officials (except assessors and
collectors) take office on the third Monday in May, which will be May 19, 2025. 60 ILCS 1/50-15. Township boards are also required to set the salary
of the township assessor at the same time they set the compensation for the
supervisor, so the same deadline applies, even though new assessors will not be
seated until the following January 1st. See 35 ILCS 200/2-70. For all
townships, the latest date to set compensation of newly-elected officials is November
20, 2024.
Similar to townships, the terms
for public library district trustees begin on the third Monday in May or May 19,
2025. 75 ILCS 16/30-10. As a result, the latest date to set compensation of newly
elected library trustees is November 20, 2024.
It is not as simple to calculate
the deadline for other units of local government as there is no fixed date for elected
officers to enter office. School boards generally seat new members at their
organizational meetings, but dates for those meetings may vary. Park
boards usually install officers at their first meetings after they receive
their vote results.
The Illinois Municipal Code
specifies 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 that ordinance cannot provide for a date later than the first
regular or special meeting in the month of June after the election. 65
ILCS 5/3.1-10-15. The challenge with this requirement is the date that
elected officials take office following the election varies depending on the
form of government and, at times, upon the public body’s receipt of the
election results. Therefore, a public body may not know precisely
when 180 days in advance will be, because it cannot predict when it will
receive the election results. It is
possible, and likely, that one municipality will install officers on a
different date than a neighboring municipality. The safest approach is to adopt
any compensation ordinance well in advance of the deadline.
Any changes in compensation for people holding the
same office (for example, village trustees) will only apply to the officials who are
elected at the April 1, 2025 election, not those elected previously. Therefore,
it is possible that trustees may be paid differently depending on when they
were elected.
Our next blog post will address special things to consider
when establishing compensation of elected officials.
Post Authored by Keri-Lyn Krafthefer & Katie Nagy, Ancel Glink