ip720506.html

Robert A. Stuart

The Illinois Ethics Act

Legislative Report

By Robert A. Stuart

ALL PARK DISTRICT COMMISSIONERS AND CERTAIN PARK EMPLOYEES MUST FILE STATEMENT OF ECONOMIC INTERESTS UNDER "ILLINOIS ETHICS ACT"

All park district Commissioners, Trustees and those park district employees with an annual salary in excess of $20,000.00 are required to file a statement of economic interests with the County Clerk of the county (or counties) within which the park district lies on or before July 1, 1972. The statement does not require the disclosure of a dollar value of interest or the amount of income received.

The "Illinois Government Ethics Act" (Chapt. 127 Ill. Rev. Stats. 1971; Sees. 604-101—606-111, as amended) was approved August 21, 1967 and became effective January 1, 1968. The Act originally applied primarily to lobbying activities by a legislator or his professional representation of persons or groups before various State agencies. It was also applicable to various elected state officials and provided for the establishment of an Ethics Board. However, the Act as originally approved did not apply to officials of local governments. On January 24, 1972, the Governor signed into law numerous and extensive amendments to the 1967 Act. These amendments constitute in substance the Governmental Ethics Act which has been referred to in numerous news media reports and which requires the filing of the statements of economic interests by both elected and appointed officials and employees on the level of local government and "special districts" including park districts. It must be noted that the amendments to the Act have not been printed and do not appear in the Ill. Rev. Stats. 1971. The Secretary of State's Office has now printed a copy of the complete "Illinois Governmental Ethics Act", a copy of which may be obtained by writing the Secretary of State's Office.

The following provisions of the 1972 amendments apply to officials and employees of local governments including park districts and are contained in Article 4A of HB 3700. That article provides as follows:

"ARTICLE 4A DISCLOSURE OF ECONOMIC INTERESTS. Sec. 4A-101. The following persons shall file verified written statements of economic interests as provided in this article.

* * *

(g) Persons who are elected to an office in a school district or in a unit of local government as defined by the Illinois Constitution, and candidates for nomination or election to such office;

(h) Persons appointed to the governing board of a school district or a special district and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county or municipal plan commission;

(i) Persons who are employed by a school district or by any unit of local government as defined by the Illinois Constitution, and are compensated for services as employees and not as independent contractors at the rate of $20,000 per year or more.

Sec. 4A-102. The statement of economic interests required by this article shall include the economic interests of the person making the statement as provided in this Section. The interest (if constructively controlled by the person making the statement) of a spouse or any other party, shall be considered to be the same as the interest of the person making the statement. Campaign receipts shall not be included in this statement.

(a) The following interests shall be listed by all persons required to file:

(1) The name, address and type of practice of any professional organization or individual professional practice in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1200 was derived during the preceding calendar year;

(2) The nature of professional services (other than services rendered to the unit of government in relation to which the person is required to file) and the nature of the entity to which they were rendered if fees exceeding $5,000 were received during the preceding calendar year from the entity for professional services rendered by the person making the statement;

(3) The identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year;

(4) The name of any unit of government which has employed the person making the statement during the preceding calendar year other than the unit of government in relation to which the person is required to file;

(5) The name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year;

* * *

(1) The name and instrument of ownership in any entity doing business with the unit of local government in relation to which the person is

Robert A. Stuart is Legislative Counsel for the Illinois Association of Park Districts.

Illinois Parks and Recreation 6 May/June, 1972

required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of $1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(2) Except for professional service entities, the name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with the unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The name of any entity and the nature of the governmental action requested by any entity which has applied to the unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or re-zoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year."

The form of "Statement of Economic Interests" required to be filed by park district commissioners, trustees and those employees specified can be secured in the Office of the County Clerk of the county in which the person making the statement resides and must be filed in this office on or before July 1, 1972. No person is required to file under the Act prior to July 1, 1972.

On April 30th of each year subsequent to 1972, a statement must be filed by each person whose position at that time subjects him to the filing requirements of Section 4A-101 unless he has already filed a statement in relation to the same unit of government in that calendar year.

After July 1, 1972, statements must also be filed by a candidate for elective office at the time he takes the action necessary under the laws of Illinois (including The Park District Code) to attempt to qualify for nomination, election, or retention to such office if he has not filed a statement in relation to the same unit of government within one year preceding such action.

A person appointed to fill a vacancy upon the park board is required to file a statement at the time of his initial appointment, or employment, in relation to the park district.

All statements of economic interests filed under the provisions of the Illinois Governmental Ethics Act shall be available for examination and copying by the public at all reasonable times. The Act further provides, however, that each person examining a statement must first fill out a form prepared by the Secretary of State identifying the examiner by name, occupation, address and telephone number and listing the date of examination and the reason therefor. Under the provisions of the Act, the Secretary of State (in applicable cases) or the County Clerk is required to promptly notify each person required to file a statement under the Act of each instance of an examination of his statement by sending him a duplicate original of the identification form filled out by the person or persons examining his statement. Penalties provided for the filing of a false or incomplete statement include a fine not to exceed $1,000 or imprisonment in a penal institution other than the penitentiary for a term not to exceed one year, or both. While no specific provision is made for the failure to file such statement, it may properly be assumed that failure to file will result in the forfeiture of the right to serve in the office.

SB 199 AND HB 794 APPEAR TO AFFECT ONLY THOSE PARK DISTRICTS AND MUNICIPALITIES OPERATING OVERNIGHT CAMPING FACILITIES

Public Act 77-1473 (SB 199) and Public Act 77-1556 (HB 794) which were the subject of a memorandum dated March 3, 1972 from the Cooperative Extension Service of the Department of Recreation and Park Administration of the University of Illinois appear to affect only those park districts which operate overnight resident camp areas and do not appear to affect those park districts which do not operate park or recreational areas in which youth or public overnight camping is permitted. Further rules and regulations adopted under the provisions of these Acts will be analyzed from time to time and further information provided in the event that other park districts may be affected. MUNICIPAL ORDINANCES REQUIRING DEDICATION OF LANDS FOR PARK AND SCHOOL PURPOSES

As a result of the publicity and editorial comment given to the passage of ordinances by several municipalities which require the dedication of park lands and school sites or for payment of fees in lieu thereof by land subdividers and developers, numerous inquiries have been received in the Association Office with respect to these ordinances.

Such a well-drafted ordinance was adopted by the City of Naperville on September 21, 1971. That ordinance contained provisions requiring, as a condition of approval of a final plat of subdivision or of a final plat of a planned unit development, a dedication by the subdivider or developer of certain areas for park and recreational purposes and as land for school sites certain standard criteria were set forth in the ordinance with respect to the amount of land required or the amount of contribution to be made.

Where similar ordinances have been tested in the lower courts in Illinois in the past, the Circuit Courts have held such ordinances to be invalid as being in violation of the Illinois Constitution which provides that "private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law." (Article 1, Section 15, Constitution of the State of Illinois, 1970)

The validity of the present ordinances is based upon the theory that the municipality has the same authority to require the dedication of lands for park and recreational and school purposes in the same manner as it has the authority to require the dedication of streets and alleys and to provide specifications for the construction thereof. The language of the Naperville ordinance has been carefully drawn to establish that the basis of the requirement is one found and determined to be in the public interest for the convenience, health, welfare and safety of the residents of the municipality. In the event of a court test of this and similar ordinances, it may be interesting to note the legal position taken by the courts. A favorable court decision may well establish as a matter of law that parks and recreational facilities are a vital and essential need in community development.

Illinois Parks and Recreation 7 May/June, 1972