You have asked the question on whether a Lockport Township Trustee can serve on a Township Utility Board. You have cited the correct statutory law which says,
The township supervisor, subject to the approval of the township board, shall appoint 5 persons, all of whom are legal voters of the township and have resided in the township for at least 2 years before the date of their appointment. Any person holding an elective or appointive public office is not eligible for appointment to the utility board, and any person who has held an elective office or an appointive public office is not eligible for appointment for one year after the expiration of his or her term of office.“
(60 ILCS 1/205-100(a))[emphasis supplied]
Under subparagraph (c) of the above statute states such a board shall be called, “
The board shall constitute and be the (Name of township) Utility Board.” A locally publicized case of Township of Lockport Utility Board and Township of Lockport v. Aqua Service Management Co., was just decided showing the existence of the Township of Lockport Utility Board. The clear wording of the statute prohibits Township Trustees from serving on the board.
Certain potential liability puts Trustees who accept such appoint at civil and criminal risk. Public documents show that the arsenic, radium and lead in the Lockport Township water system exceeded health guideline levels in the past:
Just this month, public officials that supervised a contaminated water system were criminally charge in Michigan.
It is my legal advice that you either not accept such appointment or resign immediately.
Attorney at Law
20821 Briarwood Lane
Mokena, IL 60448
June 30th, 2017
Barbara J. DeLaney, Trustee
2209 Greengold Street
Crest Hill, IL 60403
Mr. Ron Alberico, Supervisor
Lockport Township Government
14635 Farrell Road
Lockport, IL 60441
Dear Mr. Alberico,
I regret to inform you that I must tender my resignation as a member of the Water Board/Utility Board effective immediately.
Certain potential liability puts Trustees who accept the appointment to this board at Civil and Criminal Risk.
The Statutory Law clearly states “Any person holding an elective or appointive public office is not eligible for appointment to the utility board”.
Therefore, I do not accept the appointment to this Board.
Barbara J. DeLaney
Lockport Township Trustee