Executive Report
Desegregation status
Although the state Office of Education can penalize school districts in the state which have failed to meet desegregation guidelines—by withholding state or federal aid—no such action will apparently be taken by the staff. Instead, they will request an update report from each district, showing what programs have been adopted and what results have occurred since the rules were adopted.
Apparently, the staff will examine this information to determine what, if any, steps should be taken by the board. The staff report, including its recommendations will then be examined by the board.
The desegregation guidelines were adopted by the former Office of the Superintendent of Public Instruction in 1971. The Board of Education replaced that office in January under the terms of the 1970 Constitution.
Below is a list of school districts, grouped to show their status on desegregation efforts.
INCREASED SEGREGATION—Aurora West 129, Bellwood 88, Chicago 299, Joliet 86. Maywood 89, Proviso 209, Rock Island 41, Rock ford 205, Springfield 186.
UNCHANGED SEGREGATION—Argo 104, Aurora East 131, Blue Island 130, Cahokia 185, Centralia 135, Chicago Heights 170, East Moline 37, East St. Louis 189. Elgin 46. Harvey 152, Harvey West 147. Hazel Crest 152.5, Madison 12, Moline 40, Posen-Robbins 143.5.
DECREASED SEGREGATION—Alton 11. Cairo 1, Danville 118, Decatur 61, Freeport 145, Galesburg 205, Jacksonville 117. Kewanee 229, LaGrange 102, Markham 144, Meridian 101, Midlothian 143. Mt. Vernon 80, Murphysboro 196, Oak Park 97. Park Forest 163, Quincy 172, Rantoul 137, River Trails 26, Sterling 5, Thornton Township 205, Venice 3, Waukegan 60, Zion 6. North Chicago 64.
DESEGREGATION PLANS IN OPERATlON—Bloomington 87, Carbondale 96, Champaign 4, Evanston 65, Kankakee 111, Peoria 150, Rich Township 227, South Holland 151, Urbana 116, Worth 218.
Attorney General's Opinions
Spending of Federal Revenue Sharing funds
NP-902 to Kelly D. Long, state's attorney, Montgomery County. 5/5/75
A non-home rule county may not appropriate federal revenue sharing funds for use in buying and equipping a senior citizens' center, even if such a center could qualify as a community action agency under "An Act to revise the law in relation to counties" (Ill. Rev. Stat. 1973, ch. 34, par. 429.19). Since such a center is not a home for senior citizens, it would not be eligible to receive appropriated funds from a county board under either the County Home Act, or "An Act in relation to homes for the aged."
Retroactive retirement benefits
NP-906 to Norman E. Lentz, administrative secretary, General Assembly Retirement System, 5/5/75
Legislators who retired from the General Assembly after December 21, 1964, having established 16 years of service credit under the pension system, are not eligible to receive pension payments before age 60. Until the 1964 date, section 2-119 of the Pension Code stipulated that a member should reach 60 before qualifying for a pension. This was amended in 1969 to allow for payment of pension benefits at 55. That amendment is not retroactive, however.
Prohibit employment discrimination?
NP-907 to Robert B. Wilcox, director, Department of Insurance, 5/5/75
The Department of Insurance does not have the authority to prohibit discrimination in employment on the part of insurance companies. Such power lies, instead, with the Fair Employment Practices Commission. In cases of discrimination on the grounds of race, creed, color or sex, the department should notify either the commission or other appropriate authorities.
For the department itself to act would subject insurance companies and their agents or brokers to jurisdiction of two different enforcement agencies, thus placing an undue burden on them.
Tape recording open meetings
S-908 to Martin Rudman, state's attorney, Will County, 5/5/75
The electronic recording by private citizens of the proceeding of any meeting falling under the provisions of the Illinois Open Meetings Act is not a violation of the Eavesdropping Act. For an individual to be guilty of eavesdropping he must monitor words or conversations of a private nature and must do so in secret. Open meetings do not fall under these provisions, since no one in attendance at such meetings may claim any right to privacy.
Lake County board appointments
S-898 to Dick Leiken, state's attorney, Woodford County, 5/5/75 The legal requirement that a vacancy on a county board should be filled by appointment within 60 days of the vacancy date, is only directory with .regard to the time limit. A vacancy, properly appointed by the board's presiding officer with advice and consent of the board, is valid even if the appointment is made after the 60-day period.
The 60-day requirement should not be taken as mandatory since "the public interest would be injured to a much greater extent were the office to remain vacant until the next election of county board members."
California ballots prohibited
NP-895 to Jack Hoogasian, state's attorney, Lake County, 5/5/75
Based on past attorney general opinions, and with no changes in the state election code having subsequently been made, "California ballots," grouping candidates by office, are prohibited in Illinois.
Not enough factual information was provided to determine the question of whether a substantial difference between electronic and paper ballots constitutes a violation of the equal protection clause.
Deputy registrar appointments
S-894 to Robert G. Gammage, state's attorney, DeWitt County, 5/5/75
The county clerk must appoint two deputy election registrars in each township, one from each major political party.
Conflict of interest
NP-901 to Robert A. Downs, state's attorney, Fulton County,'5/5/75
For a new county board member to hold his position on the board while remaining as an employee of an automobile agency doing substantial business with the county would represent a conflict of interest. This would be the case even though the employee is not an officer, stockholder or director of the corporation. The man's connection with the automobile agency as an employee is presumed to be close enough to prevent impartiality in the performance of his public duties.
Mobile home taxation
NP-900 to Dayton L. Thomas, state's attorney, Gallatin County, 5/5/75
Mobile homes are subject to county property taxes when they are attached to real estate. In the case in question the privilege tax on mobile homes had been paid to June 30, 1974, but the home had been attached to real property by January 1, 1974. The home was properly taxed since the nature of the property as of January 1 is the determining factor in deciding whether a mobile home is subject to property taxes.
Juveniles can't be confined with adults
S-910 to Naomi Hiett, director, Commission on Children, 5/28/75
Juveniles may not be locked up with adults, though they may be housed in separate wings of a facility that also houses adults.
August 1975/Illinois Issues/251