Could Cook County embrace separation of powers doctrine?

The separation of powers has long been a part of American government because - as James Madison once noted - "the accumulation of all powers, legislative, executive and judiciary - may justly be pronounced the very definition of tyranny."

It was that belief in separation of powers that led to, among other things, prohibiting the president from also being a member of the legislature.

Except, of course, in Cook County.

That's because the Illinois Constitution says, "If authorized by a county ordinance, a person seeking election as President of the Cook County Board may also seek election as a member of the board."

Accordingly, for decades, the president of the board has also served as a member of that same board. But in 2006, Todd Stroger discontinued that tradition, running only for the president's seat, which left the board seat open for his ally, Bill Beavers.

So while there is separation of powers once again, some Cook County Commissioners want to make sure it stays that way.

Gregg Goslin, a Glenview Republican, is proposing an ordinance for Tuesday's board meeting that would prohibit the practice altogether.

"I've been thinking about this for years and I've never thought that the president should be a member of the legislative body," said Goslin, who also represents the Barrington area of Cook County.

"It's basically to keep the two branches of the government separate," said Liz Gorman, an Orland Park Republican and supporter of the measure.

While there is a question as to whether the measure can be enacted at the county level - some wonder if the state legislature or a state constitutional amendment must be passed first - Evanston Commissioner and Democrat Larry Suffredin thinks the state constitution allows the board to do it, and he'll be voting for it, he said.

Besides running counter to most U.S. municipalities' concepts of separation of powers, the dual role has implicitly changed the veto override statute, critics say.

For instance, in Cook County, 80 percent of the board is needed to override a veto. But assuming the president won't vote to override his veto, that means 14 of 16 other commissioners, or 87.5 percent, are needed to override.

Goslin insists his bill has nothing to do with Todd Stroger.

But coming at a time when the president is weakened by a hiring scandal, the timing is highly coincidental.

It also comes when Stroger's power is under attack downstate. The Illinois House has passed a bill to change the county's veto override requirement from four-fifths to two-thirds. The measure is pending in the Senate.

But the measure could have another consequence as well. Commissioner Forrest Claypool is a potential challenger to Stroger for the presidency in 2010. He narrowly lost to Stroger's father, John Stroger, in 2006, but kept his board seat because the law allowed him to run for both. If the measure goes through, Claypool, who supports the ordinance change, would have to choose one office or the other in 2010.

Whether Goslin's measure passes depends, in large part, on Finance Chairman John Daley, who could be the ninth vote on the measure. Daley, long a Stroger ally, has begun distancing himself from the unpopular board president in recent months, and Goslin's bill could be another opportunity to keep doing so.

Even if it passes, Stroger could still veto the measure, although Goslin said his indications are that the president is neutral on the measure and would not do so.

Stroger and Daley could not be reached for comment Friday.