The opinion
2022 IL 127997
IN THE
SUPREME COURT
OF
THE STATE OF ILLINOIS
(Docket No. 127997)
DARLENE KLOEPPEL, Champaign County Executive, Appellant, v. THE CHAMPAIGN
COUNTY BOARD, Appellee.
Opinion filed November 28, 2022.
JUSTICE ANNE M. BURKE delivered the judgment of the court, with opinion.
Chief Justice Theis and Justices Neville, Michael J. Burke, Overstreet, Carter,
and Holder White concurred in the judgment and opinion.
OPINION
¶1 At issue in this appeal is whether, in an Illinois county with a county executive
form of government, the power to appoint a person to fill a vacancy in an elected
county office resides with the county executive or the chair of the county board.
The appellate court held that the power resides with the chair of the county board.
2021 IL App (4th) 210091. We affirm.
¶2 BACKGROUND
¶3 Under article 2 of the Counties Code (55 ILCS 5/art. 2 (West 2016)), county
governments may generally take one of three forms: the township form (id. art. 2,
div. 2-1), the commission form (id. art. 2, div. 2-4), or the county executive form
(id. art. 2, div. 2-5). In the township form of government, the county is governed
by an elected county board, headed by a board chair who is either selected by the
board from among its members (id. § 2-1003) or elected directly by the voters of
the county (id. § 2-3007). The county board in this form of government has both
legislative and administrative duties (In re Appointment of Special State’s Attorney,
2020 IL App (2d) 190845, ¶ 30), and the chair of the board functions as both a
legislative and executive leader.
¶4 Prior to 2016, Champaign County was organized under a township form of
government, with a board chair selected by the county board from among its
members, pursuant to section 2-1003 (55 ILCS 5/2-1003 (West 2016)). The board
chair performed many executive functions and appointed individuals to fill
vacancies in both elected and nonelected positions, with the advice and consent of
the county board.
¶5 In 2016, the people of Champaign County approved a referendum to change
their form of county government to the county executive form. See id. art. 2, div.
2-5. In this form of government, a county executive, elected by the citizens of the
county, serves as the county’s “chief executive officer.” Id. § 2-5003(b). The
responsibilities and duties of the county executive are set forth by statute (id. § 2-
5009), and the office is entirely separate from the county board, which acts as “the
legislative body” (id. § 2-5003(c)) for the county.
¶6 At the 2018 general election, plaintiff Darlene Kloeppel was elected to serve as
Champaign County executive. Following her election, defendant Champaign
County Board continued to select one of its members as chair of the board.
Thereafter, when vacancies arose in elected county offices, including the office of
county treasurer and positions on the county board, the vacancies were filled by the
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chair of the county board, as they had been prior to the change in the form of county
government. Vacancies in nonelected county positions were filled by plaintiff.
¶7 On June 19, 2020, plaintiff filed a declaratory judgment action in the circuit
court of Champaign County in which she alleged that the chair of the Champaign
County Board had usurped her authority as Champaign County executive by filling
the vacancies in the county treasurer and county board positions. In so arguing,
plaintiff acknowledged that section 25-11 of the Election Code (10 ILCS 5/25-11
(West 2016)) states that vacancies in elected county offices “shall be filled *** by
the chairman of the county board.” Plaintiff maintained, however that the position
of county board chair does not exist in a county executive form of government and,
therefore, section 25-11 had no application to the government of Champaign
County. Plaintiff also pointed to section 2-5009(d) of the Counties Code (55 ILCS
5/2-5009(d) (West 2016)), which states that a county executive has the power to
“appoint *** persons to serve on the various boards and commissions to which
appointments are provided by law to be made by the board.” Plaintiff alleged that,
when this provision was read in light of the Counties Code as a whole, it was clear
that the county executive was the proper official to fill vacancies in elected county
offices.
¶8 Defendant, in response, asserted that the county board chair had not usurped the
power of the county executive by filling vacancies in elected county positions.
Defendant maintained that, under the plain language of section 25-11 of the
Election Code, the power to fill vacancies in elected county positions resides with
the chair of a county board.
¶9 Following a hearing, the circuit court granted summary judgment in plaintiff’s
favor. On appeal, the appellate court reversed. 2021 IL App (4th) 210091. The
appellate court agreed with defendant that the plain language of section 25-11 of
the Election Code grants the power to fill vacancies in elected county offices to the
chair of the county board.
¶ 10 This court subsequently allowed plaintiff’s petition for leave to appeal. Ill. S.
Ct. R. 315(a) (eff. Oct. 1, 2021). We also allowed Will County to file an
amicus curiae brief in support of plaintiff’s position.
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¶ 11 ANALYSIS
¶ 12 The sole issue presented in this appeal is whether, in a county with a county
executive form of government, the power to appoint a person to fill a vacancy in an
elected county office resides with the county executive or the chair of the county
board. Because this is an issue of statutory interpretation, our review is de novo.
People v. Eppinger, 2013 IL 114121, ¶ 21.
¶ 13 Defendant contends that the authority to fill a vacancy in an elected county
office lies with the chair of a county board and, in support, points to section 25-11
of the Election Code (10 ILCS 5/25-11 (West 2016)). This provision states:
“When a vacancy occurs in any elective county office, *** the county board or
board of county commissioners shall declare that such vacancy exists and
notification thereof shall be given to the county central committee or the
appropriate county board or board of county commissioners district committee
of each established political party within 3 days of the occurrence of the
vacancy. The vacancy shall be filled within 60 days by appointment of the
chairman of the county board or board of county commissioners with the advice
and consent of the county board or board of county commissioners. *** The
appointee shall be a member of the same political party as the person he
succeeds was at the time of his election and shall be otherwise eligible to serve.
The appointee shall serve the remainder of the unexpired term. However, if
more than 28 months remain in the term, the appointment shall be until the next
general election at which time the vacated office shall be filled by election for
the remainder of the term. In the case of a vacancy in a seat on a county board
or board of county commissioners which has been divided into districts under
Section 2-3003 or 2-4006.5 of the Counties Code, the appointee must also be a
resident of the county board or county commission district.” (Emphasis added.)
Id.
¶ 14 Plaintiff, in response, does not dispute that, “on its face,” section 25-11
expressly indicates that the chair of a county board is granted the authority to fill
vacancies in elected county offices with the advice and consent of the board.
Nevertheless, plaintiff asserts that section 25-11 is of no moment here because in a
county such as Champaign County, with an executive form of government, there is
no statutorily authorized position of “chair” of a county board. Plaintiff offers two
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main points in support of this contention, the first of which is textual, the second
functional.
¶ 15 Plaintiff first notes that the different forms of county government authorized
under Illinois law are each set forth in different divisions of article 2 of the Counties
Code. Plaintiff then observes that both division 2-1, which defines the township
form of government, and division 2-4, which defines the commission form of
government, contain provisions governing the selection of a county board chair.
See 55 ILCS 5/2-1003, 2-4003 (West 2016). In contrast, division 2-5, which defines
the county executive form of government, does not contain its own provision
addressing the selection of a county board chair. From this, plaintiff maintains that
a statutorily authorized office of “chair” of a county board does not exist in a county
with a county executive form of government. Thus, according to plaintiff, section
25-11 is inapplicable in this case because the legislature could not have intended to
give the power of appointment “to a nonexistent office.” We disagree.
¶ 16 Nothing in division 2-5 of article 2 of the Counties Code indicates that its
provisions are exclusive or entirely self-contained, or that a county board
established under a county executive form of government may ignore applicable
provisions of the Counties Code that exist outside of division 2-5. Section 2-1003
states, in plain terms, that a “county board shall, unless the chairman is elected by
the voters of the county *** choose one of its members as chairman.” Id. § 2-1003.
This language is clear and unequivocal, and no provision in the Counties Code
indicates that a county board is free to disregard it.
¶ 17 Plaintiff also maintains, however, that when the functions of a county executive
and county board chair are considered, it does not make sense to read section 2-
1003 as requiring the selection of a board chair in a county organized under a county
executive form of government. Plaintiff notes that, in a township or commission
form of government, the chair of the county board acts as the county’s de facto
executive official because there is no separate executive branch or executive leader.
In a county executive form of government, in contrast, the county executive serves
that role and acts as the county’s “chief executive officer.” Id. § 2-5003(b). Plaintiff
thus contends there is no need for a county board chair under a county executive
form of government and that the legislature could not have intended for a county to
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have, in effect, two executive officers with potentially conflicting authority. Again,
we disagree.
¶ 18 The General Assembly has mandated that every county board have a board
chair. However, the function of the chair will differ depending on the nature of the
county government. Where there is no separate county executive, the chair of the
board will necessarily serve an executive role. But where, as here, there is a separate
county executive, the chair will not. The legislature has made this point clear by
expressly stating that, in a county executive form of government, the county board
acts as “the legislative body.” Id. § 2-5003(c). It follows, therefore, that in a county
executive form of government, the chair of a county board serves as a legislative
leader only. The chair of the board may not exercise the executive powers given to
the county executive. See id. § 2-5009. Accordingly, there is no conflict between
the functions of the county executive and the board chair and no reason why section
25-11 may not be given effect here.
¶ 19 Plaintiff further contends, however, that the county executive’s power to fill
vacancies in elected county offices may be found in section 2-5009(d) of the
Counties Code (id. § 2-5009(d)). This provision states that a county executive has
the power to “appoint *** persons to serve on the various boards and commissions
to which appointments are provided to be made by the board.” Id.
¶ 20 Plaintiff stresses that section 2-5009(d) is broadly worded and maintains that
nothing in the language of the provision limits the power of the county executive
to fill vacancies in nonelective positions. Further, plaintiff points out that section 2-
5009(d) was enacted after section 25-11 of the Election Code. Citing the canon of
statutory interpretation holding that, when two statutes are in conflict, the one
which was enacted later should prevail (see, e.g., Village of Chatham v. County of
Sangamon, 216 Ill. 2d 402, 431 (2005)), plaintiff maintains that the broad language
of section 2-5009(d) cannot be reconciled with section 25-11 and that section 2-
5009(d) should, therefore, take precedence. We reject this argument for two
reasons.
¶ 21 First, section 2-5009(d) and section 25-11 are not in conflict. Section 2-5009(d)
does not say that a county executive has the power to fill vacancies in elected county
offices. Indeed, the statute cannot be read as granting that power. Many elected
county offices, such as county treasurer, are not part of a “board or commission,”
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yet that is the sole appointment power referenced in the statute. We think it clear,
therefore, that section 2-5009(d) simply gives the county executive the authority to
fill vacancies in nonelected county positions. Read this way, there is no conflict
between section 2-5009(d) and section 25-11. See, e.g., Barragan v. Casco Design
Corp., 216 Ill. 2d 435, 441-42 (2005) (“Where two statutes are allegedly in conflict,
a court has a duty to interpret the statutes in a manner that avoids an inconsistency
and gives effect to both statutes, where such an interpretation is reasonably
possible.”).
¶ 22 Second, even if there were a conflict between the two provisions, section 25-11
would have to take precedence as the more specific provision. “[I]t is a
commonplace of statutory construction” that, when two conflicting statutes cover
the same subject, “the specific governs the general.” Morales v. Trans World
Airlines, Inc., 504 U.S. 374, 384-85 (1992) (citing Crawford Fitting Co. v. J.T.
Gibbons, Inc., 482 U.S. 437, 445 (1987)). This canon of statutory interpretation “is
perhaps most frequently applied to statutes in which a general permission or
prohibition is contradicted by a specific prohibition or permission. To eliminate the
contradiction, the specific provision is construed as an exception to the general
one.” RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. 639, 645
(2012). In this case, section 25-11 is the more specific provision, and to the extent
it conflicts with section 2-5009(d), section 25-11 musty be given effect. And this is
true even though section 2-5009(d) is the more recently enacted statute:
“[T]he canon that the specific governs the general holds true ‘ “regardless of
the priority of enactment.” ’ Radzanower v. Touche Ross & Co., 426 U.S. 148,
153 (1976) (quoting Morton v. Mancari, 417 U.S. 535, 550-51 (1974)); 82
C.J.S. Statutes § 482 (2010) (‘The more specific of two statutes dealing with a
common subject matter generally will prevail whether it has been passed before
or after the more general statute.’). Indeed, because repeals by implication are
disfavored, the canon that the specific governs the general applies with special
force where, as here, the earlier provision is specific and the later, general
provision makes no mention of the earlier provision. As this court has stated, ‘a
later statute general in its terms and not expressly repealing the prior special
statute will ordinarily not affect the special provisions of the earlier statute.’
People ex rel. Atwell Printing & Binding Co. v. Board of Commissioners, 345
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Ill. 172, 178, (1931); Morton, 417 U.S. at 549-51.” People ex rel. Madigan v.
Burge, 2014 IL 115635, ¶ 32.
¶ 23 Section 2-5009(d) does not repeal section 25-11 or even mention the provision.
We decline to hold that the plain terms of section 25-11 have been repealed by
implication by section 2-5009(d).
¶ 24 Finally, plaintiff contends that the power to make appointments is traditionally
considered an executive power and that it is therefore “appropriate” for the county
executive, as the chief executive officer of the county, to wield that power. Plaintiff
does not assert, however, that the legislature is constitutionally prohibited from
granting appointment authority to a county legislative leader. Here, under the plain
terms of section 25-11 of the Election Code, the power of appointment resides with
the chair of the Champaign County Board. We are not free to disregard that
language. See, e.g., Lawrence v. Regent Realty Group, Inc., 197 Ill. 2d 1, 11 (2001)
(courts may not rewrite statutes to make them consistent with their own ideas of
orderliness and public policy).
¶ 25 CONCLUSION
¶ 26 For the foregoing reasons, the judgment of the appellate court is affirmed.
¶ 27 Appellate court judgment affirmed.
¶ 28 Circuit court judgment reversed.
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