Enhance County Government in Illinois with a County Administrator State Statute
By John Phillips, Senior Advisor, Illinois City/County Management Association
County governments have seen increased growth in their functions and the complexity of their operations over the years. Many have established the position of county administrator to coordinate the work of the Board and the many standing and special committees that govern the operations of the county. It is estimated that 25 counties in Illinois have added the position of county administrator to assist with this work and have assigned a variety of duties to the position. County Boards have adopted resolutions and ordinances to establish the position and codify the responsibilities of the administrators.
This move was prompted by the desire of county elected officials to identify ways to manage county government more efficiently, improve control over the use of county funds, improve coordination of the many functions of county government and provide professional advice and information to the board to aid them in their decision-making. For example, in Henry County, with the support of staff and the leadership of the board, Kippy Breeden, Henry County Board Chair, says that Administrator Erin Knackstedt played a key role in developing a plan to expand broadband to the rural underserved areas of the county. “Administrator Knackstedt brought the players together and led negotiations to get this important legacy project moving to modernize infrastructure to improve the quality of life for Henry County residents.”
Michael Buehler can attest to the importance of having a professional, apolitical county administrator. When voters elected him chairman of the McHenry County Board, Buehler had considerable experience interacting with state and county governments as a successful business owner, but he was a newcomer to elected office. County Administrator Peter Austin, he said was integral in helping him understand his role and the responsibilities of the chairmanship of the sixth-largest county by population, and a county government with a $216 million budget. “Fortunately for me, I stepped into a finely tuned, financially sound organization that seamlessly implemented the County Board’s directives. The County Administrator was absolutely essential for me to be able to successfully and confidently lead the county and focus on our strategic goals and vision. If codifying the role of the county administrator in state law gives other county governments a template to have the professionalism and dedication we enjoy, I strongly recommend it.”
Although many urban and rural counties have taken the initiative to establish the position of county administrator, the position does not exist in the Illinois state statutes that establish county government. County government is a creature of the state with the structure and scope of duties and authority specified. County offices and officers authorized under the statute are identified with their duties and authority noted in detail. However, there is no mention of the position of county administrator in the statutes.
It is proposed that the statutes for county government be amended to provide county boards the option of adopting an ordinance that would establish the position of county administrator. This is proposed for the following reasons:
Authorizing the county administrator position in the Illinois statutes for county government would recognize the reality of the existence of the position. It has been established in many counties in Illinois and has become an essential element of effective county government administration.
It would provide an established set of duties and responsibilities (subject to county board modification) that would clarify the role of administrators and help avoid conflicts and overlapping duties.
It would serve as a guide for county boards considering adding the position by providing the clear range of duties and responsibilities of the position as well as the hiring and termination provisions. Currently counties must generate their own ordinances without guidance from the Illinois statutes.
It would make Illinois county government a more attractive option for professionally trained and experienced administrators. It would institutionalize these positions and grant the position credibility within the structure of county government. It would highlight the important role the position plays in many counties in Illinois.
According to the National Association of Counties, (NACo) there are over 1300 counties with county administrators in the country. The trend toward appointing administrators accelerated in the 1970s and 1980s. “With increasing county populations and county responsibilities combined with the dramatic rise in the number of federal programs and unfunded mandates in the 1970s and 1980s, a growing number of counties opted to transfer and consolidate the daily management responsibilities under a county administrator structure.” (Source: An Overview of County Administration Appointed County Administrators, NACo Trends, June 2015) Thirty-four (34) of the 43 states with appointed county administrators have current statutes sanctioning this function. Most states do not mandate the position but authorize the county board to adopt the position by resolution.
Duties for county administrators typically include administering county ordinances, preparing the budget and appointing and supervising staff who are not appointed and supervised by the elected officials. The administrator must carry out directions and policies of the board and provide reports to the board. They provide information upon request to individual members of the board, committees of the board and the full board. They often implement a capital budget and maintain a centralized budget process. With direction from the board, they may have responsibility to negotiate leases, contracts and other agreements.
Overseeing IT and GIS systems often falls to the county administrator as does general responsibility to maintain county property and protect other resources. They must attend county board and committee meetings and represent the county in intergovernmental activities as required by the board.
The proposed statute specifies that the role of the county administrator is administrative or ministerial in nature and the county board retains their authorized statutory authority as policy makers. In addition, the statute allows the county board to modify the scope of duties to reflect the unique needs in their county.
Appointment is made by the majority vote of the county board. Likewise, removal of the county administrator at any time can be accomplished by the board. The statutes call for the county administrator to be appointed on the basis of merit and give due regard for training, experience and administrative ability. No consideration should be given to the political affiliation of the individual selected.
Illinois should acknowledge this important move toward more professional local government management in the state by adopting a state law that gives county boards the option to adopt a provision from the state statute that establishes the position of county administrator. This move would make it easier for counties wanting to establish the position to do so and would help attract experienced and trained professionals to Illinois to serve in these important positions.
County Administrator State Statute
Proposal | DRAFT
Introduction: County governments are critically important to the citizens of Illinois. They provide law enforcement and land use regulation in unincorporated areas. They finance and administer the court system, manage local elections and maintain property records. They provide detention facilities and collect property taxes for all taxing jurisdictions, and many other services.
The structure of county governments remains largely unchanged since the 19th century. The County Board form with Township organization is the most common and is used in 84 of the 102 counties in Illinois. The County Executive Form is also authorized under state law. It provides for an elected county executive. Will and Champaign counties have adopted this system of county government. Seventeen counties in southern Illinois have a county commission form. (Source: Center for Governmental Studies, Northern Illinois University Policy Profiles October, 2006).
County Administrators in Illinois: County governments have seen increased growth in their functions and the complexity of their operations over the years. Many have seen the need to add specialized management expertise to coordinate the work of the Board and the many standing and special committees that govern the operations of the county. Many counties that are organized under the County Board form of government have added the position of county administrator to assist with this work and have assigned a variety of duties to the position. This move was prompted by the desire of county elected officials to identify ways to manage county government more efficiently, improve control over the use of county funds, improve coordination of the many functions of county government and provide professional advice and information to the board to aid them in their decision-making.
The status of county administrators in Illinois stands in stark contrast to the status of municipal managers. Section 65 ILCS 5/5-3-7 of Illinois statutes provides critical specificity regarding the duties and authority of municipal managers. The statute clearly provides for the distinct roles and responsibilities of village boards and city councils relative to their appointed village and city managers.
County Administrator Statute: Although many urban and rural counties have taken the initiative to establish the position of county administrator, the position does not exist in the Illinois state statutes that establish county government. An estimated 25 counties in Illinois have added the position of county administrator. The reason for the uncertainty about how many counties have a county administrator is that county boards, lacking a statutory model to follow, have adopted a wide variety of resolutions and ordinances to establish the position and codify the responsibilities of the administrators. Duties and responsibilities vary from county to county.
The lack of a statutory guidance from the state has also fostered conflicts between boards, board chairs, and county administrators. County government is a creature of the state with the specified structure and scope of duties and authority. County offices and officers authorized under the statute are identified with their duties and authority noted in detail. Not so with respect to county administrator positions.
Creating a statute that amends the Board form of county government to grant county boards the option of creating the position of county administrator can help mitigate conflicts of authority between boards, board chairs, and administrators.
Authorizing the county administrator position in county government would recognize the reality of the need for the position as it has been established in many counties in Illinois and has become an essential element of effective county government administration.
It would provide a consistent set of duties and responsibilities that would clarify the role of administrators and help avoid conflicts and overlapping duties.
It would serve as a guide for the county boards considering adding the position by providing the clear range of duties and responsibilities of the position as well as the hiring and termination provisions. Currently counties must generate their own ordinances without guidance from the Illinois statutes.
It would make Illinois county government a more attractive option for professionally trained and experienced administrators. It would institutionalize these positions and grant the position credibility within the structure of county government. It would highlight the important role the position plays in many counties in Illinois.
County Administrator Position in Other States: According to the National Association of County Officials (NACO), there are over 1300 counties with county administrators in the US. The trend toward appointing administrators accelerated in the 1970s and 1980s. “With increasing county populations and county responsibilities combined with the dramatic rise in the number of federal programs and unfunded mandates in the 1970s and 1980s, a growing number of counties opted to transfer and consolidate the daily management responsibilities under a county administrator structure.” (Source: An Overview of County Administration Appointed County Administrators, NACO Trends, June 2015) Thirty-four (34) of the 43 states with appointed county administrators have current statutes sanctioning this function. State statutes from Florida, North Carolina, Virginia and Wisconsin provide key ideas for a possible statute in Illinois.
Florida statutes state the purpose of the position as follows:
Section 125.71 Purpose. It is the legislative intent that it is necessary to authorize a form of county administration that best assures an adequate and efficient provision of services to the citizens in this state, that provides for coordinated administration of county departments to better protect the health, welfare, safety, and quality of life of the residents in each of the more urbanized counties, and that places in the hands of a county administrator the multitude of details which must necessarily arise from the operation of a county as a unit of local government and, thus, enables the board of county commissioners to perform freely, without unnecessary interruption, its fundamental intended purpose of making policies within the framework of law applicable to county government in this state. It is the further legislative intent to provide a formula and structure for the economic and efficient conduct of county affairs by making the county administrator established by this act responsible for handling of all things necessary to accomplish and bring to fruition the policies established by the board of county commissioners.
State Statutes of other States: Most of the statutes do not mandate the establishment of the position, but authorize the county board to adopt the form by resolution. Wisconsin also allows the county administrator to be established by petition and referendum.
The duties and powers are enumerated in these statutes and appear to be similar to many of the ordinances and resolutions that currently exist in many Illinois counties. For example, in the Wisconsin statute, Section 59.18(2)(a) limits the role by saying that the administrator shall “coordinate and direct all administration and management functions of the county government not otherwise vested by law in boards or commissions, or in other elected officers.” There is similar limiting language in many of the ordinances and resolutions that establish the position in Illinois counties.
Typical duties: Duties typically include administering county ordinances, preparing the budget draft for the county board, and appointing and supervising staff who are not appointed and supervised by the elected officials. The administrator must carry out directions and policies of the board and provide reports to the board. They provide information upon request to individual members of the board, committees of the board and the full board.
County Administrators in some states’ statutes have responsibility for preparing and implementing a capital budget and maintaining centralized budgeting, personnel and purchasing policies and procedures. They may have responsibility to negotiate leases, contracts and other agreements. Collective bargaining may also be part of their responsibilities.
Overseeing IT and GIS systems often falls to the county administrator as do general responsibilities to protect and maintain county property and other resources. They must attend county board and committee meetings and represent the county in intergovernmental activities as required by the board.
Overall, statutes specify that the role of the county administrator is administrative or ministerial in nature; the county board retains their authorized statutory authority as policy makers.
Appointment/Removal: Appointment is made by the majority vote of the county board. Likewise, removal of the county administrator at any time can be accomplished by the board. The statutes call for the county administrator to be appointed on the basis of merit and give due regard for training, experience and administrative ability. No consideration should be given to the political affiliation of the individual selected.
Recommendation: Citizens of Illinois counties will benefit from a state statute that clearly specifies roles and responsibilities of county administrators in a manner that mirrors the state statute guiding appointments of municipal managers. The statutes of Wisconsin, Florida, North Carolina and Virginia should serve as models for the Illinois county administrator statute. Some of the provisions of the ordinances and resolutions currently in effect in counties in Illinois with administrators should also be incorporated. The proposed statute that is recommended in Illinois should be an option under the County Code for Counties Under Township Organization and for counties organized as a commission form of Government.