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Tuesday, August 27, 2024

It's Time to Establish Elected Officials' Compensation for Terms Starting in 2025


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

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