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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.
IM...
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