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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: January 29, 2018
SUBJECT:
A resolution approving the First Amendment to a Memorandum of Understanding between the City of Aurora, Kane County, and the Aurora Election Commission with respect to the salary of the Assistant Executive Director.
PURPOSE:
Under Illinois law, the County Clerk, through appropriations from the County Board, is responsible for the cost of running elections and voter registration in the County. When the City of Aurora adopted the City Election Law in 1934 creating the Aurora Election Commission (AEC), many of the costs previously incurred by the County shifted to the City by law. While Section 6-70 of the Election Code requires the County to fund some costs of the AEC, others must be borne by the City.
BACKGROUND:
In the fall of 2017, Kane County notified the AEC and the City of Aurora that it would no longer pay the costs associated with the employment of the AEC's Assistant Executive Director since the Election Code specifically requires the City to pay such person's salary in counties with populations over 500,000. See 10 ILCS 5/6-70. Kane County's population exceeded 500,000 approximately 10 years ago.
DISCUSSION:
The plain language of Section 6-70 of the Election Code makes it clear that the City is responsible for the salary of the AEC's Assistant Executive Director. Since such person has throughout her tenure with the AEC been an employee of Kane County for payroll, employee benefit, and IMRF purposes, moving her to the City of Aurora's payroll and benefits was not in the best interests of the City or the Assistant Executive Director. The proposed MOU provides that the AEC will reimburse the County for the expenses associated with the County's continued employment of the Assistant Executive Director. The City will provide funding for the position through its three (3) annual payments to the AEC already required under the existing MOU.
IMPACT STATEMENT:
For County FY 2018, the total amount of payments from the City to the AEC for the Assistant Executive Director position is estimated to be $33,800, based on a salary of $26,000, plus benefits.
RECOMMENDATIONS:
Notwithstanding the pendency of the March 20, 2018 referendum to reject the City Election Law and dissolve the AEC, the City has had the obligation to fund this position for several years. Reimbursing the AEC for the costs of a Kane County employee is less expensive and more desirable than transferring the Assistant Executive Director to the City's payroll. In the event the referendum is successful, the responsibility for conducting elections in the Kane, Kendall, and Will County portions of Aurora, and the associated costs, will return to the respective County Clerks.
cc: Alderman O’Connor, Chairman
Alderman Mesiacos
Alderman Bugg
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Approving the First Amendment to the Memorandum of Understanding Between the Aurora Election Commission, the City of Aurora, and Kane County, dated November 15, 2017.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in 1934, the electors of the City of Aurora ("City") by referendum adopted the City Election Law creating the Aurora Election Commission ("AEC"); and
WHEREAS, the City Election Law imposes upon the City the obligation to pay a substantial portion of the expenses of maintaining the AEC; and
WHEREAS, the City, the County of Kane ("County"), and the AEC previously adopted a Memorandum of Understanding (MOU) to further define their respective roles in funding the costs associated with conducting elections and registering voters within the City; and
WHEREAS, because the population of the County now exceeds 500,000, the City Election Law imposes the additional duty upon the City to pay the salary of the AEC's Assistant Executive Director; and
WHEREAS, the County previously notified the City and the AEC that it would no longer pay the salary of the AEC's Assistant Executive Director effective December 1, 2017; and
WHEREAS, the Parties to the MOU desire its amendment to reflect the statutory reallocation of responsibility for the salary of the AEC's Assistant Executive Director from the County to the City as a result of the County's population exceeding 500,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor is authorized and directed to execute the attached First Amendment to the Memorandum of Understanding Between the Aurora Election Commission, the City of Aurora, and Kane County, dated November 15, 2017.