Tensions flare between Will County Board, executive over state legislation

A rift between Will County Executive Jennifer Bertino-Tarrant’s office and Will County Board members over legislation that could change county government procedures broke out in the open Thursday.

Members of the Executive Committee were discussing their concerns about an amendment to SB 1015, which aims to codify how board vacancies are filled in Will County’s form of government. The issue came about because of a dispute among Champaign County officials over who could appoint someone to fill vacancies. Both Champaign and Will County operate under the same form of government.

But Will County Board members also took issue with other changes proposed in the amendment, including to how the county executive could control operations such as hiring in her office.

Bertino-Tarrant, D-Shorewood, a former state senator, had been working with Senate members on the legislation.

However, to the surprise of Will County officials, the full Senate passed the bill last week without an opportunity for board members to weigh in. The bill still needs approval by the House of Representatives and the governor’s signature to become law.

Both Republican and Democratic County Board members decried the process.

“There wasn’t a need to have this [legislation] done right away,” said board member Rachel Ventura, D-Joliet. “The fact that it had to rush through the legislature is very concerning to me.”

Board member Jim Moustis, R-Frankfort, said, “This should surprise no one, this ... jamming things through at the last minute. No transparency. No ability to have input.”

Board Speaker Mimi Cowan, D-Naperville, said board members were aware legislation was being discussed to address how vacancies are filled, but because no specific language was available until last week, there was nothing for board members to examine.

Cowan said she met with state Reps. Larry Walsh Jr., D-Elwood; Stephanie Kifowit, D-Oswego; and House Speaker Chris Welch, D-Chicago, this week who told her the bill likely wouldn’t be voted on for about three weeks, giving county officials time to give their input.

But Cowan said that time frame might not be enough for the board to agree to suggested changes to the legislation. Included in the agenda for Thursday’s meeting was a draft fact sheet and letter to Bertino-Tarrant expressing concerns and making such suggestions.

Board member Judy Ogalla, R-Monee, said the board should act quickly to write a letter to lawmakers asking them to hold off on pushing the bill forward.

“I think if we wait, we may not like the outcome,” Ogalla said. “So they need to hear from us now.”

Mitch Schaben, Bertino-Tarrant’s chief of staff, read a lengthy response to board members’ concerns. He said while there still was time to amend the bill, it’s necessary to act “expeditiously” to meet legislative procedural deadlines.

“It was never our intention for this process to feel rushed, but we are subject to the whims of the state legislative process and we took necessary action to ensure a proposal from Will County was moving through the legislative process in Springfield,” Schaben said.

Bertino-Tarrant said she did not expect the full Senate to pass legislation last week.

Schaben also responded to arguments made in the board’s draft letter to Bertino-Tarrant.

For instance, members argued that giving the executive more control over their office like other countywide elected officials would ignore how the executive form of government has historically functioned. The role of the executive “was never intended to be treated like other countywide elected officials,” they wrote.

Schaben said that assertion was false and pointed to a local ordinance passed in the late 1980s giving the county executive the authority to have internal control of their office. He went on to address other points made in the letter.

Cowan took issue not with the substance of Schaben’s comments, but said the executive’s office has put the board “in a position that is completely untenable.” She again criticized the process by which the legislation had already advanced through the Senate without much time for board members to weigh in.

Cowan added the board may need an outside attorney to negotiate the legislation because “my County Board doesn’t trust what comes out of your office.”

Bertino-Tarrant responded to members’ questions about why it was necessary to act quickly.

“You realize that if we don’t change it, it’ll be changed for us,” Bertino-Tarrant said, referring to a separate bill by state Rep. Carol Ammons, D-Urbana, that would change the appointment process for vacancies.

“I do not want to wait,” Bertino-Tarrant said.

Cowan said the board’s Legislative and Judicial Committee will discuss the issue more in depth at its meeting Tuesday. She also said she will work over the next few days on a letter asking state lawmakers to give the county more time to “fully weigh in on this.”