Print

Is your Board of Fire and Police Commissioners in compliance with the law in regard to party affiliations? The Illinois Municipal Code 65 ILCS 5/10 2.1 3, states in part that “No more than two members of the board shall belong to the same political party existing in such municipality at the time of such appointments as defined in 10-2 of the Election Code. If only one or no political party exists in such municipality at the time of such appointments, then state or national political party affiliations shall be considered in making appointments. Party affiliation shall be determined by affidavit of the person appointed as a member of the board.” 

The Election Code defines a political party as any “established political party”, any political group which shall hereafter undertake to form an established political party in the manner provided for in the Election Code: Provided, that no political organization or group shall be qualified as a political party hereunder, or given a place on a ballot, which organization or group is associated, directly or indirectly, with Communist, Fascist, Nazi or other un-American principles and engages in activities or propaganda designed to teach subservience to the political principles and ideals of foreign nations or the overthrow by violence of the established constitutional form of government of the United States and the State of Illinois. 

Based upon this, a newly appointed member must complete a party affiliation affirmation in accordance with the state laws and as each Board member serves a term of three years and the terms are staggered a reappointed Board member should complete the affiliation affirmation upon reappointment. 

Make sure to consult your Tressler attorney if you have questions or need assistance with Board of Fire and Police Commissioners.

For more information about this article, please contact Erik Peck at epeck@tresslerllp.com.