Attorney General Opinions

Incompatible offices

The offices of city councilman and school board member are incompatible because one cannot simultaneously faithfully and fully discharge the duties of both offices. A conflict could arise in a dual officeholder's duties when deciding, as councilman, whether to allocate state revenue-sharing money to the school district board on which he serves. (File 85-19)

Road funds and special districts

Park districts, forest preserve districts and conservation districts desiring allocations from the motor fuel tax fund must transfer to a road and bridge fund an amount which, when added to their respective levies for road purposes, would be equivalent to a tax levy of at least .08 percent.

Park districts, forest preserve districts and conservation districts are not authorized to levy a .08 percent tax for road purposes. And these districts cannot look to transfers from a township to supplement a levy.

But section 8 of the Motor Fuel Tax Act provides that if moneys are transferred to a road and bridge fund so that this amount, when added to a tax levy for road purposes, is equivalent to a .08 percent tax rate, the road district is eligible for motor fuel tax funds. (File 85-24)

New 21st Judicial Circuit

Three new circuit judgeships will be created by Public Act 84-1030, which divided the 12th Judicial Circuit into two new circuits. The tenure of the four judges elected from the former 12th circuit, and their right to run for retention, is not affected by the law. Each judge may decide in which of the two new circuits he will sit.

The 12th circuit, now coterminous with Will County, is to have four circuit judges elected on a circuitwide basis. The new 21st circuit, Iroquois and Kankakee counties, is to have three circuit judges elected on a circuitwide basis. Once the four judges currently seated — three now live in Will County and one in Kankakee — choose which district to sit in, and move their residences to coincide with their choice, the new judgeships will be filled by election. (File 85-25)

Full term starts with appointment

A Medical Center Commission member's term begins on the date of his appointment to the commission, not upon expiration of the term of office of the member he succeeds.

Although Section 2 of the Medical Center Act provides that commission members shall hold five-year terms, it does not specify when those terms begin. In question was the March 8, 1985, appointment of Christopher Cohen. He replaced Joseph Brown, whose term expired November 5, 1984. Under the attorney general's ruling, Cohen's term ends March 8, 1990.

The commission administers the medical center district located in a 450-acre area on the west side of Chicago. (File 85-23)

February 1986/Illinois Issues/47