Executive Report
Social Service plan
Fund balance sinks
Attorney General's Opinions
The state comptroller does not possess the authority to make a lump sum payment to a former Code department director for vacation and personal leave days accrued, but unused, during his service as director. Generally, a director "determines when he is able to take a vacation, but if he does not take such a vacation during his term, he is not entitled to any additional compensation," the attorney general held.
Communications concerning teachers
S-959 to Louis F. Pignatelli, state's attorney, Whiteside County, 8/29/75
Statements made by school board members and school administrators under a duty to evaluate teachers, are absolutely privileged communications. A privileged communication is one which, except for the occasion or the circumstances under which it is made, might be defamatory and actionable.
Dual office-holding
NP-956 to Elmer H. Flesner, state's attorney, Ford County, 8/28/75
No constitutional or statutory provision prohibits a superintendent of an educational service region simultaneously holding office as alderman for a municipality within the educational service region served by the superintendent.
Appointment eligibility
NP-953 to Jack Hoogasian, state's attorney, Lake County, 8/28/75
Section 1 of the Corrupt Practices Act (Ill. Rev. Stat. 1973, ch. 102, Sec. 1) prohibits the appointment of a county board member to a director's post on the county tuberculosis sanitarium board.
Vacancy In county office
S-961 to David DeDoncker, state's attorney, Rock Island County, 9/10/75
Public Act 79-118 ("An act in relation to the filling of vacancies in county offices") provides: (1) the county central committee is to use the method of weighted voting, based on the vote in the primary, in filling vacancies; (2) the county board district committee in filling vacancies is free to choose its own system of voting; and (3) the acts of the county board upon which an invalidly appointed officer was sitting would not be invalid for that reason alone. This act became effective on July 8, 1975, and its provisions govern the filling of all vacancies on or after the effective date, regardless of when the vacancy occurred.
Special service area taxation
S-951 to Dale A. Allison, Jr., state's attorney, Wabash County, 8/28/75
Non-home rule counties may use special service area taxes only to support the exercise of their statutory powers. Ambulance service to a special area is an example of how a non-home rule county may use such a tax.
Paying for ambulance service
NP-946 to Richard S. Simpson, state's attorney, Lawrence County, 8/8/75
A county board can disburse money from the county's general fund for emergency ambulance service without a referendum being passed, if general funds are sufficient to pay for the service.
County coal lease
S-941 to Philip C. Quindry, state's attorney, Edwards County, 8/8/75
A county can execute a coal lease for a term of 20 years and as long thereafter as mining operations are being conducted in the general mining area, since this is in effect a sale of the coal in place. A county can also convey by mineral deed the coal or mineral rights to the land in question.
Highway commissioner vacancy
NP-954 to Dolores J. Johnson, state's attorney, Pope County, 8/28/75
Pope County is a county not under township organization. The Illinois Highway Code specifies the procedure to be followed in filling a vacant road district office. The office of highway commissioner became vacant upon the death of the elected commissioner, and the county board was authorized to fill the vacancy with an appointment.
Circuit clerk's responsibilities
NP-945 to Gerry L. Dondanville, state's attorney, Kane County, 8/8/75
A circuit court clerk serves as a ministerial officer of the court, and he should comply with a request of the circuit court to process child support payments. The county board has the power to appropriate funds for additional staff or supplies necessary to the proper performance by the circuit court clerk of his duties.
Appointment eligibility
NP-942 to LaMarr W. Evans, state's attorney, Henderson County, 8/8/75
While a determination of what constitutes sufficient experience relative to the office of supervisor of assessments is a discretionary matter falling under the authority of the county board, an appointment of an individual whose credentials clearly do not satisfy the statutory experience requirement would constitute an abuse of discretion and violates the provisions of section 3a of the Revenue Act of 1939.
Senior citizens' township facilities
NP-955 to John J. Bowman, state's attorney, DuPage County, 8/8/75
A township has implied power to build a town hall or to acquire real estate upon which to build a town hall without approval by referendum when it is not necessary to borrow money to do so. However, a township does not have the authority to construct, as part of a town hall, facilities to provide for recreational activities or sheltered care for senior citizens. But townships are authorized to use town tax monies by contract through other organizations to maintain and operate recreational facilities and sheltered care facilities for senior citizens. / C. P. R .
December 1975 / Illinois Issues / 379