Illinois Supreme Court
Changing township boundaries
Springfield Lakeshore Improvement Association et al. v. City of Springfield et al.
(Township of Capital), decided November
17, 1975
Township government lost a constitutional skirmish when the court. In an opinion by Chief Justice Underwood, held that a referendum was not necessary to shift township boundaries. The City of Springfield and Capital Township are coextensive, and the question arose when the city annexed lands at Lake Springfield in an unincorporated area in townships adjacent to Capital Township. The annexation automatically extended Capital Township's boundaries.
The Sangamon County circuit court had held that the annexation was unconstitutional because there had been no referendum approval, relying on Article VII, section 5 of the 1970 Constitution which says, in part, "Townships may be consolidated or merged, and one or more townships may be dissolved or divided, when approved by referendum in each township affected" (see April, p. 125). The Supreme Court overruled, saying that the annexations did not involve division of townships but merely boundary changes, and that a referendum on these was not required. The court admitted that boundary shifts "might permit the piecemeal dissolution of a township without a public referendum, at least until the annexation of the last parcel in the township," but the court went on to say:
"What is involved here is another of the many problems associated with the plethora of local governmental units in this State. Elimination of these problems is the obligation of the members of the General Assembly, not the judiciary, and we commend the subject-matter of this litigation to their attention."
Collective bargaining agreement
Illinois Education Association Local
Community High School District 218 et al. v.
Board of Education of School District 218,
decided November 17, 1975
The circuit court had found that the school board had failed to comply with the provisions of a collective bargaining agreement in dismissing a teacher. The Supreme Court overturned, holding that the board had acted as directed by provisions of the School Code dealing with appointment and dismissal of teachers and non-renewals of probationary teachers' contracts. "These are discretionary powers and may not be delegated," the court said in an opinion by Justice Goldenhersh.
"Strict construction requires us to hold that neither the powers conferred nor the rights granted [by the School Code] were restricted or expanded by the provisions of ... the collective bargaining agreement."
Read your mail, teacher!
Glover v. Board of Education of Macon
Community Unit District No. 5, decided
November 17, 1975
The board took action to extend Glover's probationary period as a teacher but failed to notify him of this action by registered mail as the statute requires. However, he was sent a copy of the minutes by ordinary mail and he admitted he received this. The court held this was sufficient notice to support the board's action.
County or state employees?
Merrill et al. v. Drazek, decided November
17,1975
In an opinion by Justice Goldenhersh, the court held that prior to January 1, 1974, employees of the Cook County Department of Public Aid were employees of the county rather than the state, despite the fact that the county department served as agent of the Illinois department. The decision over-turned a finding of the circuit court, which would have accorded the county employees "all job-related benefits" of state employees.
On January 1, 1974, state legislation provided that the county department should become an instrumentality of the state and designated its employees as state employees (P.A. 78-363). The opinion said that this act made it clear that previously such employees had been county employees.
Home rule exception invalid
Carbondale v. Van Natta et al., decided
September 26, 1975
Carbondale contended its home rule authority permitted it to exercise zoning authority 1 1/2 miles beyond its boundaries. The Supreme Court said the city was not granted this authority by the Illinois Constitution, but did have this power — as all other cities do — granted by the legislature under the Municipal Code (III. Rev. Stat. 1973, ch. 24, sec. 1 1-13-1). This grant of power to cities was amended in 1971 making it inapplicable to home rule municipalities, but the court ruled that the home rule clause was void because it created an unconstitutional classification.
"We can see no reasonable basis for differentiating between non-home rule units being able to zone extra territorially, while home-rule units could not," the court said in an opinion by Justice Ward. "For a classification to be constitutional there must be a reasonable basis for differentiating between the class to which the law is applicable and the class to which it is not in relation to the statute under which the classification is proposed." Justice Goldenhersh dissented.
No bonding
People ex rel. Peoria Civic Center Authority
v. Vonachen, decided November 25,1975
The court declared the Metro-East Act (P.A. 78-1289) unconstitutional because of a technical flaw, and denied a writ of mandamus.
The act was found to be in violation of section 8(d) of Article IV of the Constitution which requires that "A bill expressly amending a law shall set forth completely the sections amended." The court said that while the Metro-East Act related to an exposition authority in Madison and St. Clair counties, it also expressly amended the statutes creating similar authorities in Aurora, Peoria, Rockford, and Springfield. The court held the entire act invalid because the other statutes amended were not set forth, and thus, the increases in bonding power for these authorities provided in the act are invalidated.
seven bills introduced by Rep. William Kempiners (R.., Joliet) was favorably acted on in committee and placed on the Spring Calendar in the House for action when the legislature gets into this year's session.
There also was no successful action in Special Session No. 3 which was designated to handle bills concerning delegate selection for the political party national conventions as well as a $30 million package of bills dealing with school funding which was aimed at the same problem as the bills in Special Session No. 1.
Finally, the closing action of the 1975 fall session saw the House finally adopt permanent rules (House Resolution 237) for the 79th General Assembly. The Senate already has rules. But even the passage of H.R. 237 on November 21 did not complete the House's final action on its rules. About 50 amendments awaited action as additions to the rules when the House convened in January to start the 1976 session. /L.S.C.
February 1976/Illinois Issues/27