Wednesday, March 16, 2011

What happens if Sheriff abandons or vacates office?

What happens when a sitting Sheriff abandons his office or vacates it? What happens if a Sheriff dies while in office or becomes disabled or mentally incompetent?

It must be simpler, when a Sheriff dies or resigns or retires. If a sheriff became disabled or mentally incompetent, then he'd have to be removed from office. I don't think that's the problem that McHenry County will face.

But it might soon face the procedure for filling the office, should Nygren, believed by some to be vacationing in Florida, not return to McHenry County.

I could have gotten the answer from the Law & Justice Committee in February or from the County Board. Instead, yesterday, I finally called Kathie Schultz, McHenry County Clerk. She knows everything! And she is the hardest working elected official in McHenry County.

If the Office of Sheriff became vacant right now, the Chairman of the County Board would appoint a successor, with the (advice? and) consent of the County Board. Ken Koehler would have to pick a Republican, since Nygren ran as a Republican in the last election. Probably the Undersheriff would run things until Koehler could twist someone's arm to take the job. Is there already a list? Is there a short list of candidates?

Because there are more than 28 months left in the term of the elected sheriff, the appointed successor would serve only through the next general election held in an even year. This means that the appointed sheriff would serve only until December 1, 2012. The November 2012 election would include the Office of Sheriff, and the winner would hold the office for two years.

An election in November 2014 would be for the Office of Sheriff for the traditional four-year term.

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