Legislative Report

By Robert A. Stuart

Numerous problems have arisen in connection with the coming park district elections because of the amendment of Section 2-11 of "The Park District Code" which changed the filing period for the filing of nominating petitions as well as the application of the provisions of the "Illinois Govermental Ethics Act." Legislation is being introduced as a part of the legislative program of the Association to amend Section 2-11 and return to the previous filing period for nominating petitions.

The question has arisen in connection with the coming elections, not only for park district commissioners but for city, county and township offices as well, with respect to whether or not a person is ineligible to run for election if he has not filed a Disclosure of Economic Interest Statement prior to or at the time of filing his nominating petition. No cases determinative of this question have come before the Supreme Court of Illinois, although several cases have been determined in the State courts. In a case filed in the Circuit Court in Bloomington, the Court held that the failure to file a Disclosure of Economic Interest Statement at the time of filing the nominating petition did not render the candidates ineligible on the principal ground that no irreparable damage had been shown in the event the names of those candidates who had not filed Economic Disclosure Statements were placed upon the ballot. In that case, it appears that the Court was impressed by the argument that the candidates filed their nominating petition being wholly unaware of the provision which required them to file such a statement at the same time.

SB-88 has been introduced in the Senate which would provide that candidates for offices of local governmental units (including park districts) would have until March 1 to file their statement of Economic Interests in the event they had not done so at the time of filing their nominating petitions. Whether or not that bill will be passed in time to remedy the existing problem is subject to question.

As a general statement, all candidates for park district commissioners who have not filed a Disclosure of Economic Interest Statement within a period of the last one year must file such a statement at the time of filing a nominating petition.

The Constitution of the State of Illinois adopted in 1970, Article XIII, Section 2, provides as follows:

"Section 2. STATEMENT OF ECONOMIC INTERESTS

All candidates for or holders of state offices and all members of a Commission or Board created by this Constitution shall file a verified statement of their economic interests, as provided by law. The General Assembly by law may impose a similar requirement upon candidates for, or holders of, offices in units of local government and school districts. Statements shall be filed annually with the Secretary of State and shall be available for inspection by the public. The General Assembly by law shall prescribe a reasonable time for filing the statement. Failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office. . . "

The Illinois Governmental Ethics Act approved August 21, 1967 as amended by Public Act 77-1806 effective January 24, 1972, Section 4A-105 provides as follows:

"Every person required to file by Section 4A-101 shall file an initial statement of economic interests by July 1, 1972 but no person is required to file under this Article before July 1, 1972.

"On April 30 of each year after 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 as follows:

"(a) A candidate for elective office shall file his statement at the time he takes the action necessary under the laws of this State 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 a year preceding such action ..."

The Attorney General of the State of Illinois in an opinion relative to the Statement of Economic Interest provisions contained in the Illinois Governmental Ethics Act dated October 17, 1972 addressed to the State's Attorney of McDonough County, Macomb, Illinois said:

"The particular sentence in Section 2 of Article XIII of the Illinois Constitution of 1970 imposing sanctions for failing to file a 'statement' within the time prescribed by law has, for the sake of clarity been quoted below:

' . . . Failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office . . . '

"I am of the opinion that this ineligibility or forfeiture provision is self-executing and requires no legislative implementation . . .

"Since the ineligibility or forfeiture provision contained in Section 2 of Article XIII is self-executing, when a candidate for or holder of an office violates this provision he ipso facto becomes ineligible for or forfeits the office. In this situation, quo war-ranto may be commenced to try the person's right to office ..."

From a consideration of the foregoing, it would appear that a person

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Illinois Parks and Recreation 11 March/April, 1973

LEGISLATIVE REPORT . . .

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who filed a nominating petition for the office of park district commissioner but who fails to file a Statement of Economic Interests within the time prescribed by law becomes ineligible to hold that office. While no determination has been made by the courts in this State defining the language contained in the Illinois Governmental Ethics Act, Section 4A-105 (a) which provides that the statement shall be filed by the candidate "at the time he takes the action necessary under the laws of this State 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 a year preceding such action ..." It would also appear that such time may well be construed as the date upon which he files his nominating petition. This question may be the subject of further judicial determination by the Supreme Court at a later date.

The further question has arisen as to whether or not in a situation where a Disclosure of Economic Interest Statement has not been filed at the time of filing the candidate's nominating petition the park board can refuse to place that candidate's name upon the ballot after certification has been made by the secretary of the district.

The Park District Code (Chap. 105 Ill. Rev. Stats. 1971, Sections 1-13) provides in Section 2-13 that the park board shall conduct the election. However, the Code contains no provision relative to the filing of objections or hearings on objections filed. The Election Code (Chap. 46 Ill. Rev. Stats. 1971, Sections 10-8, 10-9, 10-10 and 10-10.1) provides for the procedure to be followed by various electoral boards. In the absence of a provision with respect to such procedure by park boards, it is assumed that the park board charged with the conduct of the election shall serve in the capacity of the electoral board for the purpose of hearing objections filed. Section 10-10 of the Election Code makes provision for certain questions to be considered by the electoral board in hearing objections and provides as follows:

"The electoral board shall take up the question as to whether or not the certificate of nomination or nomination papers are in proper form, and whether or not they were filed within the time and under the conclusions required by law, and whether or not they are the genuine certificate of nomination or nomination papers which they purport to be, . . . and in general shall decide whether or not the certificate of nomination or nominating papers on file are valid or whether the objections thereto should be sustained and the decision of a majority of the electoral board shall be final subject to judicial review as provided in Section 10-10.1. The electoral board must state its fiindings in writing and must state in writing which objections, if any, it has sustained."

No provision contained in the Election Code confers upon the electoral board the specific authority to determine the eligibility of the candidate under the constitutional provisions of the Constitution of the State of Illinois. In my opinion, therefore, the matter of whether or not the park board sitting as an election board for the hearing of objections filed can determine the question of eligibility of the candidate is subject to question. In my further opinion, the procedure for raising the judicial question of eligibility of a candidate is more properly that of an action in mandamus, quo warranto or injunction in the proper state court.

PARK DISTRICT COMMISSIONERS AND CERTAIN PARK EMPLOYEES MUST FILE STATEMENT OF ECONOMIC INTERESTS ON OR BEFORE APRIL 30 OF EACH YEAR.

The Illinois Governmental Ethics Act, Section 4A-105 provides as follows:

". . . On April 30 of each year after 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 . . ."

Section 4A-101 provides that verified written Statements of Economic Interests shall be filed by the following persons.

" . . . (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; ... (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 $20,000.00 per year or more . . ."

The required forms for the filing of such Statements of Disclosure are secured in the Office of the County Clerk and strict compliance with the provisions of this Act is required of all park district commissioners and employees as denned by the Act.

people and news

Max L. Woods

Max L. Woods has been appointed Superintendent of Recreation for the Lockport Township Park District. A native of Iowa, he served as Recreation Supervisor for Iowa City Parks and Recreation Department for 3 years. Max has, also, worked as a Supervisor of Student Union at the University of Iowa, Co-Director of Recreation in Rehabilitation Unit of Oakdale Treatment Center in Iowa City. Max received a B.S. and M.A. degree in Recreation Education from the University of Iowa. He has been a member of Iowa Park and Recreation Association, National Recreation and Park Association and served on the Board of Directors of United Action for Youth.

Illinois Parks and Recreation 28 March/April, 1973