Attorney General Opinions

Space Needs Commission must approve contracts for capitol complex

All contracts for work on the Capitol complex must be submitted to the Space Needs Commission for review and approval and are invalid until such approval is given. The commission sought clarification of its authority upon learning that the Capital Development Board and the secretary of state had contracted for the upgrading of the electrical supply service to the state buildings of the complex and for modifications to the state power plant.

The space needs act (Ill. Rev. Stat. 1981, ch. 63, sec. 223) defines the Space Needs Commission's duties to include the review and approval of all contracts for work done in the Capitol complex, including work involving "all tunnels, power and heating plants and surrounding grounds." The contracts, which involve a number of major modifications at an estimated cost of $8.5 million, clearly fall within the definition of the commission's duties; until the contracts receive commission approval, they are unenforceable against the state. (File 83-20)

Sheriff controls courthouse security

The sheriff of Macon County is authorized to control access to the Macon County Building on holidays, weekends and during evening hours when the building is closed to the public. The safety and security of the courthouse is vested in the sheriff by statute (Ill. Rev. Stat. 1981, ch. 125, sec. 14) and is therefore authorized to impose reasonable security measures during nonpublic hours, including requiring that judges and county officials request admittance from sheriff's personnel and sign a ledger when entering and leaving the premises. (File 83-16)

Disposing of student records

A local school district must obtain the written approval of the appropriate local records commission before destroying or otherwise disposing of student records since these records fall within the definitions of the Local Records Act (Ill. Rev. Stat. 1981, ch. 116, sec. 43.101 et seq.).

The Illinois Student Records Act (Ill. Rev. Stat. 1981, ch. 122, sec. 50-1 et seq.) regulates access and dissemination of information in student records but does not govern disposal. It does state that "student permanent records" containing minimum personal information necessary in the education of the student must be maintained for no less than 60 years after a student graduates, transfers or withdraws. "Student temporary records," which include all information not contained in the student permanent record, such as family background, intelligence and psychological test results, must be maintained no longer than five years after the student leaves the school. (File 83-18)