Illinois Senate approves bill inspired by accusations against Winnebago County coroner

By Kevin Haas
Rock River Current
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ROCKFORD — The Illinois Senate unanimously approved a bill that would allow local government officials to be temporarily removed from office until their cases are resolved.

Senate Bill 3460, which is co-sponsored by state Sen. Dave Syverson, R-Cherry Valley, state Sen. Brian Stewart, R-Freeport, and state Sen. Steve Stadelman, D-Loves Park, was approved 53-0 on Friday. It now moves to the House of Representatives for further consideration.

The legislation would give local governments a process to remove elected officials who are charged with a crime by placing them on administrative leave until the courts can render a decision on their case.

The bill states that a countrywide elected official could be placed on administrative leave after being charged with an “infamous crime” if the county board approves with a three-fifths vote. Then, the state’s attorney would file a motion in circuit court to place the person on paid leave.

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“Under current law, only local government employees can be placed on leave until their criminal cases are resolved. Right now, however, countywide elected officials and township-wide elected officials indicted for crimes cannot be put on administrative leave until they are judged to be guilty by the court systems,” Syverson said. “Senate Bill 3460 sets up a system to place elected officials on administrative leave until their trials are over.”

Syverson said the legislation sets up the steps needed to protect taxpayers, but it does so in a way that also protects the rights of elected officials who are later found not guilty.

The state’s attorney would only petition the court for the elected official to be removed if the accusations against that official are germane to the office.

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“For example, if a countywide elected official was indicted on a traffic charge, it would probably not impact or put people at risk if the official stayed in office until the case is resolved,” Syverson said. “If the state’s attorney determines there is potential public risk, the case will be taken to the chief judge of the circuit court, who will make the ruling if the county official should be placed on administrative leave while the case is being heard.”

The bill was inspired by the accusations against Winnebago County Coroner Bill Hintz, who refused calls to step down for months after he was charged with official misconduct and stealing from the dead. He later agreed to paid leave but only after a second round of charges were handed down by the Illinois attorney general.

The bill was suggested by Winnebago County Board Chairman Joe Chiarelli and Winnebago County State’s Attorney J. Hanley, and it has bipartisan support and is cosponsored by all area legislators.

This article is by Kevin Haas. Email him at khaas@rockrivercurrent.com or follow him on Twitter at @KevinMHaas.