Illinois Compiled Statutes
330 ILCS 45/10 (2026)
Superintendents and counties
✓ current as of May 2026
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(330 ILCS 45/10)
(from Ch. 23, par. 3090)
Sec. 10. Superintendents and counties. (a) The executive powers of the Commission shall be vested in a
superintendent selected or appointed by a vote from a majority of the full Commission membership and who shall have received an honorable discharge from
the armed forces of the United States. (b) Superintendent vacancies shall be filled, whether long-term or temporarily, at the next regularly scheduled full Commission meeting or within 30 days at a specially convened meeting, whichever comes sooner, and shall be selected by a vote from a majority of the full Commission membership. (c) Any individual who may be tasked with assuming the duties of or may be vested with the executive powers of a superintendent, whether as acting or interim superintendent, must be selected or appointed by a vote from a majority of the full Commission membership and must have received an honorable discharge from the armed forces of the United States. (d) The
designated superintendent of the Veterans Assistance Commission of the county shall,
under the direction of the Commission, have charge of and maintain an
office in the county building or a central location within the county, to be used solely
by the Commission for providing the just, necessary, and needed services mandated by law. (e) The county shall
provide for the funding of the office and provide all necessary furnishings, supplies, and services as passed by the county board in its annual appropriation, and the county shall provide or fund services, including, but not limited to, human resources and payroll support; information technology services and equipment; telephone services and equipment; printing services and equipment; postage costs; and liability insurance. Any litigation or legal settlement that has a financial impact to the county is subject to the approval of the county board.
(f) The county shall also provide to the employees of the Commission all benefits available to county employees, including, but not limited to, benefits offered through the Illinois Municipal Retirement Fund or any other applicable county retirement fund; health, life, and dental insurance; and workers compensation insurance. Employer contributions and costs for these benefits, services, and coverages may come from Commission funds. Counties not currently providing benefits to Commission employees must comply with this subsection within 90 days after the effective date of this amendatory Act of the 102nd General Assembly. (g) The county board shall, in any county where a Veterans Assistance
Commission is organized, in addition to sums appropriated for these just, necessary, and needed services as provided by law and approved by the Commission under this Act, appropriate such additional
sums, upon recommendation of the Veterans Assistance Commission, to properly compensate, in accordance with the requirements of subsection (g) of Section 9 and subsection (e) of this Section, the officers and
employees required to administer such assistance. The
county board shall also provide funds to the Commission to reimburse the
superintendent, officers, delegates and employees for certain expenses
which are approved by the Commission. The superintendent and other
employees shall be employees of the Veterans Assistance Commission, and no
provision in this Section or elsewhere in this Act shall be construed to
mean that they are employees of the county.
(h) Superintendents, subject to rules formulated by the Commission, shall select,
as far as possible, Veteran Service Officers and other employees from among military veterans, including those who have served or may still be serving as members of the Illinois National Guard or a reserve component of the armed forces of the United States, who did not receive a bad conduct or dishonorable discharge or other equivalent discharge thereof, or their
spouses, surviving spouses, or children. Employees of the Commission shall be at-will employees.
(i) In a county with less than 2,000,000 inhabitants, the superintendent may, in conformance with subsection (f) of Section 3-9005 of the Counties Code, request from the State's Attorney serving the county in which the Veterans Assistance Commission is located, an opinion upon any question of law relating to a matter in which the county Veterans Assistance Commission may be concerned. With regard to matters involving Section 8 or 9 or subsection (a), (b), or (c) of Section 10, the State's Attorney shall confer with the Office of the Attorney General before rendering an opinion. (j) Superintendents of all counties subject to this Act, when required by the Commission,
shall give bond in the sum of $2,000 for the faithful performance
of their duties.
(k) All persons selected or appointed to fill positions provided for in this
Section shall be exempt from the operation and provisions of any civil service
act or laws of this State, and the secretary of the Commission shall be
appointed by the superintendent.
(Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 1-1-23; 102-1132, eff. 2-10-23.)
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1995–2022 · leading case: Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016).
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “" 330 ILCS 45/10 (West 2014). The VAC's superintendent and employees are not considered employees of the county, and they are exempt from the provisions of civil service acts and laws of the state.”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “” 330 ILCS 45/10 (West 2014). The VAC’s superintendent and employees are not considered employees of the county, and they are exempt from the provisions of civil service acts and laws of the state.”
Vets. Assistance Comm'n v. Cnty. Bd., 654 N.E.2d 219 (Ill. App. Ct. 1995). “(330 ILCS 45/10 (West 1992).) Subject to rules formulated by the VAC, the superintendent can select employees from among honorably discharged military veterans or their surviving spouses.”
Monson v. Cnty. of Grundy, 916 N.E.2d 620 (Ill. App. Ct. 2009). “330 ILCS 45/10 (West 2006). Section 2 of the Act mandates that upon the recommendation of the VAC, “the county board shall provide such sums of money as may be just and necessary” to assist veterans and their families.”
Vets. Assistance Comm'n of Grundy Cnty., Illinois v. Cnty. Bd. of Grundy Cnty., Illinois, 2016 IL App (3d) 130969 (Ill. App. Ct. 2016). “330 ILCS 45/10 (West 2010). It seems implausible, indeed, even unreasonable, that the legislature would require the county to provide offices and supplies for multiple VACs, as well as compensation for multiple superintendents and his or her employees.”
The Vets. Assistance Comm'n of Grundy Cnty., Illinois v. The Cnty. Bd. of Grundy Cnty., 2015 IL App (3d) 130969 (Ill. App. Ct. 2015). “330 ILCS 45/10 (West 2010). It seems implausible, indeed, even unreasonable, that the legislature would require the county to provide offices and supplies for multiple VACs, as well as compensation for multiple superintendents and his or her employees.”
Lavite v. Dunstan, 2018 IL App (5th) 170114 (Ill. App. Ct. 2019). “The Act authorizes the establishment and organization of veterans assistance commissions in counties in Illinois (330 ILCS 45/9 (West 2016)) and vests the executive powers of each commission in an elected superintendent (330 ILCS 45/10 (West 1 The 1989 version of section 9 of…”
Tangen v. Lake Cnty., 2022 IL App (2d) 200634-U (Ill. App. Ct. 2022). “Count I alleged that the county violated section 10 of the Act (330 ILCS 45/10 (West 2020)) by “fail[ing] to compensate the plaintiffs’ officers and employees in accordance with the [c]ounty’s guidelines,” and by failing to provide funds for plaintiffs to create the prospective…”
Monson v. Cnty. of Grundy (Ill. App. Ct. 2009). “330 ILCS 45/10 (West 2006). Section 2 of the Act mandates that upon the recommendation of the VAC, "the county board shall provide such sums of money as may be just and necessary" to assist veterans and their families.”
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