Summary as Introduced
Amends the Counties Code. Provides that, if a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall review the alleged crimes to determine by a three-fifths vote of all members if the countywide elected official should be placed on administrative leave. Provides that, if the county board believes the official has been criminally charged with an infamous crime or of any offense involving a violation of his or her official oath, the county board shall send their determination to the State's Attorney or, if the determination is regarding the State's Attorney, the determination shall be sent to the Attorney General. Provides that, upon receipt of a determination from the county board, if the State's Attorney or Attorney General believes the crime or crimes to be germane to the official's duties, then the State's Attorney or Attorney General shall file a motion to place the elected official on administrative leave with the circuit court of the county. Provides that, upon receipt of the motion, the circuit court shall review and determine if the official shall be placed on administrative leave. Provides that the court may require the county to pay court costs or reasonable attorney fees, or both, if the court dismisses the action. Provides that, if the official is placed on administrative leave because a conflict exists, the official is barred from county property and performing the official's duties until the case is closed and the county board determines the conflict is resolved. Provides that the official shall continue to receive all compensation and benefits during the official's administrative leave. Provides that, if the county board puts an official on administrative leave, the board shall appoint a replacement for the official while the official is on administrative leave. Amends the Township Code. Makes similar changes. Effective immediately.
Staff Analysis
Amends the Counties Code. Provides that, if a county board member, county board chairman, State's Attorney, or other countywide elected official is criminally charged with an infamous crime or of any felony involving a violation of his or her official oath, the county board shall review the alleged crimes to determine by a three-fifths vote of all members if the countywide elected official should be placed on administrative leave. if the official is removed from office, then the official is barred from county or township property and performing the official's duties until the case is closed and the county or township board determines the conflict is resolved. Provides that the county board shall petition the court for the appointment of a special State's Attorney to review the board's determination if the determination is relating to the State's Attorney or if the State's Attorney has a conflict of interest. Limits the provisions to counties that have a population of less than 500,000 people and townships within counties that have a population of less than 500,000 people. Effective immediately.