Attorney General Opinions Public can't peruse Medicaid records The state comptroller is not required to make Medicaid filing statements available for public inspection. The attorney general concluded that although the public has a general right to inspect records of the use of public funds for the state, not all of these records are open to inspection. According to the State Records Act (Ill. Rev. Stat. 1977, Ch. 116, sec. 43.6), the state is not required to invade a person's right to privacy or to reveal information that has been declared confidential by law. Criminal law and procedure, S-1369: Probationers required to perform "public service work" under a recent amendment to the Unified Code of Corrections (Ill. Rev. Stat. 1977 Supp., Ch. 38, sec. 1005-6-3 (b) (10)) may serve a governmental unit or a private, nonprofit, charitable organization, provided the religious beliefs of the probationer are not violated. State expenditure, S-1365: According to the Fraud in Public Contracts Act (Ill. Rev. Stat. 1977, Ch. 127, sec. 132.52), a state agency may not spend state monies to remodel property leased by the state when the remodeling project constitutes a public work or improvement. However, repair or maintainance work may be done without the state acquiring title to the premises. Ethics and conflict of interest, S-1361: Section3 of the Corrupt Practices Act (Ill. Rev. Stat. 1975, Ch. 102, sec. 3) precludes the board of trustees of a municipality's police pension fund from depositing pension funds in a bank in which a board member owns stock. This board does not qualify as a "unit of local government," according to Article VII, section 1 of the Illinois Constitution. Such units are able to deposit funds with a bank in which a member of the unit's governing body holds less than 7.5 percent of the total ownership (Ill. Rev. Stat. 1977 Supp., Ch. 102, sec. 3.2). Public health, S-1371: Counties under the jurisdiction of the county and multi-county health departments act have the authority to inspect and license food service establishments. Although they are not specifically given this power, it is implied in provisions which authorize these counties to promote health and suppress disease (Ill. Rev. Stat. 1977, Ch. 34, sec. 419). Compatibility of offices, S-1367: Members of a county zoning board of appeals have the power to review enforcement decisions, grant variations to zoning regulations and advise the county board on zoning variations and amendments. These decisions have a direct impact on school districts, drainage districts and townships, thus making the office of a county zoning board of appeals member incompatible with that of a school board member, drainage district commissioner or township supervisor. Zoning, S-1363: Section 5 of the county zoning act (Ill. Rev. Stat. 1977, Ch. 34, sec. 3151 et seq.) provides that a county's zoning ordinance maybe amended by the county board, but the proposed change must first be considered at a public hearing before the zoning board of appeals. A newspaper notice is not required for a county board meeting, and statements need not be sworn. Citizens are allowed to make comments concerning the proposed amendment at the meeting, provided new arguments or evidence are not introduced. If new facts come to light, the question should be returned to the zoning board of appeals for a supplemental hearing which must comply with the requirements for an original hearing. 30/September 1978/Illinois Issues
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