Elmhurst City Treasurer David Dyer will be able to hold two municipal positions despite a state code to the contrary, city officials said.
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Dyer, a longtime library trustee and 45-year Elmhurst resident, was elected treasurer last spring. According to the Illinois Municipal Code, an elected municipal official cannot hold more than one municipal position. State library codes stipulate that no more than one municipal official can serve on the Library Board.
Although library trustees are not elected, Library Board members are appointed by the City Council. Therefore, according to state code, Dyer effectively resigned his position on the Library Board once he was elected. He has not attended Library Board meetings since the question of his dual governmental role arose.
Mayor Thomas Marcucci and members of the council’s Finance, Council Affairs and Administrative Services Committee, said no one has questioned Dyer’s ability to serve competently in both posts. Harlan Spiroff, assistant city attorney, said he sees no “inherent conflict.”
So, council members recently agreed they will use Elmhurst’s home-rule authority to suspend state law within the city’s confines. Under a proposed ordinance that apparently has overwhelming aldermanic support, the city will–in Dyer’s case–allow Elmhurst’s treasurer to do three things at once.
The proposed ordinance notes that under state statute, the city treasurer is an ex-officio member of the Fire Pension Board and that Elmhurst has always assigned the treasurer to the Police Pension Board. It also leaves room for the treasurer to serve in his post while serving on the Police Pension Board and as a Library Board member.