Kane County Board chairman says new state Rep. Hernandez hasn’t turned in board resignation, can’t be replaced

Kane County Board Chairman Chris Lauzen has scheduled a special assembly to declare a vacancy for the District 8 county board seat held by newly sworn-in 83rd District State Rep. Barbara Hernandez.

There’s only one drawback, Herandez hasn’t submitted a resignation letter — a requirement to trigger the alternative process.

Lauzen thought the method could possibly be started both with a letter of resignation or by declaring a emptiness for the office, he stated Thursday. He had scheduled a special assembly for Friday with the agenda merchandise, “Declare Emptiness in Office for Barbara Hernandez’s appointment to Illinois House of Representatives.”

Nevertheless, State’s Lawyer Joseph McMahon despatched county board members a memo explaining a vacancy doesn’t exist until Hernandez submits a resignation letter. “To our information, Board Member Hernandez has not resigned,” he stated.

“She’s been sworn-in, but there’s no resignation letter at this point,” Lauzen stated Thursday. The county has tried to contact Hernandez, but she hasn’t returned calls, he stated.

Hernandez was sworn-in final week to exchange Rep. Linda Chapa LaVia, who left the office to turn out to be head the Illinois Division of Veteran Affairs. She couldn’t be reached for comment Thursday.

The particular meeting has been rescheduled for Thursday, March 21.

There’s speculation Hernandez might need to hold each seats, Lauzen stated.

In accordance with state regulation, the Aurora native might maintain both workplaces however can’t be compensated for each, McMahon’s memo said. Her county board term ends Nov. 30, 2020.

“We discover no statute or constitutional provision which bars the same individual from holding each positions,” McMahon stated. Nevertheless, a state legislator can’t accept “compensation as a public officer or employee from another government entity for the time throughout which he is in attendance as a member of the Basic Meeting,” he stated.

It’s the identical recommendation McMahon’s office gave Lauzen when he took workplace in December 2012. Lauzen asked if he might maintain county workplace and his legislative seat throughout a lame duck session, in response to officers. There have been a couple of days where the roles overlapped, Lauzen stated.

“I requested what the principles have been. In the long run I wrote out a verify both to the State Senate or Kane County refunding” the wage for that time period, he stated.

He would not advocate doing both jobs, Lauzen stated. “The individuals you serve deserve all your attention,” he stated.

Erin Sauder is a freelance reporter for The Courier-News.

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