1995 PARK DISTRICT LEGAL CALENDAR
Prepared by Peter M. Murphy, General Counsel
The following Park District Calendar is based on a fiscal year which begins on May I and ends on April 30. For those park districts that have adopted another date for the commencement of the fiscal year (70 ILCS 120514-4), this calendar must be adjusted for those duties that must be performed at times related to the fiscal year. The calendar is also established around regular park board meetings held on the third Thursday of each month.
For purposes of this calendar, "Election Authority" means the County Clerk, a City Board of Election Commissioners or a County Board of Election Commissioners; "Local Election Official" means the Clerk or Secretary of a local government.
January 16 First day for filing in office of the local election official or Board of Election Commissioners original nominating petitions (must contain original sheets signed by voters and circulators) for park districts and forest preserves. (10 ILCS 5/10-6(2); 10-6(6))
NOTE: The Election Code provides that the first day to file nominating papers is 78 days prior to the Consolidated Election. The date cited is the 78th day, which is Martin Luther King's birthday. Consult the local election official to determine if an office will be open for filing. (10 ILCS 5/10-6(2))
January 16 Last day for filing petitions (must contain original sheets signed by voters and circulator) for referenda for the submission of questions of public policy (local). (Exception: proposition to create a political subdivision.) (10DLCS 5/28-2,28-6,28-7)
January 19 is the regular January board meeting date.
January 23 Last day to file objections to petitions for referenda for the submission of questions of public policy. (Ex- ception: proposition to create a political subdivision.) (10 ILCS 5/10-8,28-4)
January 23 Last day for filing in the office of the local election official original nomination petitions for nonpartisan candidates in park districts and forest preserves.
NOTE: Seven (7) days written notice of the time and place for conducting lottery for simultaneous filings as mentioned above, shall be given by the local election official or board of election commissioners to the county chairmen of the established parties and to each organization of citizens within the election jurisdiction entitled to have pollwatchers present at the last consolidated election. We recommend notifying all candidates involved in the lottery. (10 ILCS 5/10-6.2)
January 23 Last day for filing a Statement of Economic Interests with the county clerk as required by the Illinois Governmental Ethics Act The receipt must be filed with the local election official or election authority who received the nomination papers. (10 ILCS 5/10-5; 5 ILCS 420/4A)
January 26-28 Attend the IAPD/ IPRA Park and Recreation Conference at the Hyatt Regency Chicago.
January 30 Last day for local governing boards to adopt a resolution or ordinance to allow questions of public policy as authorized by law to appear on the ballot. (10 ILCS 5/28-2)
January 31 is the last day for filling the annual Certificate of Status of Real Estate to continue the exemption of park property from real estate taxes for the taxable year 1995.
February 1 On or before February 1 annually, the chief administrative officer or his or her designee for a unit of local government with persons described in items (h), (i) and (k) of Section 4A-101 shall certify to the appropriate county clerk
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a list of names and addresses of those persons described in items (h), (i) and (k) of Section 4A-101 that are required to file.
In preparing the lists, each chief administrative officer or his or her designee shall set out the names in alphabetical order by county of residence, and if any person resides in another county or outside of Illinois, shall submit a list of persons required to file to the county clerk of the county in which the principal office of the unit of government with which the person is associated is located.
On or before April 1 annually, the county clerk of each county shall notify all persons whose names have been certified to him, other than candidates for office who have filed their statements with their nominating petitions, of the requirements for filing statements of economic interests.
Public Act 88-605 requires the following persons to file verified written statements of economic interests:
(g) Persons who are elected to office in a unit of local government, and candidates for nomination or election to that office.
(h) Persons appointed to the governing board of a unit of local government and persons appointed to a board or commission of a unit of local government who have the authority to authorize the expenditure of public funds. This subsection does not apply to members of boards or commissions who function in an advisory capacity.
(i) Persons who are employed by a unit of local government and are compensated for services as employees and not as independent contractors and who:
1. are, or function as, the head of a department, division, bureau, authority or other administrative unit within the unit of local government, or who exercise similar authority within the unit of local government;
2. have direct supervisory authority over, or direct responsibility for the formulation, negotiation, issuance or execution of contracts entered into by the unit of local government in the amount of $1,000 or greater;
3. have authority to approve licenses and permits by the unit of local government (this item does not include employees who function in a ministerial capacity);
4. adjudicate, arbitrate or decide any judicial or administrative proceeding, or review the adjudication, arbitration or decision of any judicial or administrative proceeding within the authority of the unit of local government;
5. have authority to issue or promulgate rules and regulations within areas under the authority of the unit of local government; or
6. have supervisory responsibility for 20 or more employees of the unit of local government.
Failure to file a statement of economic interests within the time prescribed shall not result in a fine or ineligibility for, or forfeiture of, office or position of employment, provided that the failure to file results from not being included for notification by the appropriate agency, clerk, secretary, officer or unit of government, and that a statement is filed within 30 days of actual notice of the failure to file.
All statements of economic interests filed under this shall be available for examination and copying by the public at all reasonable times.
Any person required to file a statement of economic interests under this Article who willfully files a false or incomplete statement shall be guilty of a Class A misdemeanor. Failure to file a statement within the time prescribed shall result in ineligibility for, or forfeiture of, office or position of employment, as the case may be; provided, however, that if the notice of failure to file a statement of economic interests provided is not given by the county clerk, no forfeiture shall result if a statement is filed within 30 days of actual notice of the failure to file.
February 2 Last day for the circuit court clerk and the local election official to certify any question of public policy to the election authority having jurisdiction over the political subdivision. (10 ILCS 5/28- 5)
February 16Regular February board meeting date.
A good month to check zoning changes and annexations by cities or villages within the district boundaries. (Cities and villages must publish a new zoning map by March 31 of each year, if there have been any changes in the boundaries of zoning districts, and furnish a copy of the map upon request.) (65 ILCS 5/11-13-19)
March 5 First day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction. (10 ILCS 5/12-5)
March 16 Regular March board meeting date.
March 25 Last day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction. (10 ILCS 5/12-5)
April 4 Consolidated Election for park and forest preserve commissioners.
April 6 The suggested date to prepare the budget and appropriation ordinance in tentative form and place on file for public inspection at least 30 days prior to final action. (All park districts are required to adopt a combined budget and appropriation ordinance within or before the first quarter of each fiscal year.) (70 ILCS 1205/4-4)
April 20 The regular April board meeting date. MAY 1995
May 1 The last date for filing Statements of Economic Interest for persons who have not previously filed during the calendar year. (Public Act 88-605)
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May 1 The date to send notice to the Illinois Department of Labor requesting determination of current prevailing rate of wages for the district's area. (820 ILCS 130/4)
May 1 (beginning of new fiscal year) The date to post the dates, times and places of park district regular meetings for the fiscal year. Mail copies to news media (in the alternative this can be done at the beginning of the calendar year). (5 ILCS 120/1.02)
May 1 The date to start the annual audit. Every governmental unit is required to make an annual audit to cover the immediately preceding fiscal year. The audit must "be completed and the audit report filed with the Comptroller within six months after the close of the fiscal year."
All governmental units are also required to file a copy of the completed report with the county clerk. (50 ILCS 310/2 and 310/3)
NOTE: Any governmental unit appropriating less than $200,000 is required to file a financial report with the Comptroller in lieu of an audit.
Any governmental unit appropriating $200,000 or more shall, in addition to complying with the audit requirements, file a financial report on forms required by the Comptroller. (50 ILCS 310/3)
May 3 The suggested date to publish notice of public hearing on the budget and appropriation ordinance (must be done at least one week prior to hearing). (70 ILCS 1205/4-4)
May 9-10 Attend the IAPD Legislative Reception and Conference in Springfield.
May 18The regular May board meeting date. This is the suggested date to hold the public hearing on the budget and appropriation ordinance and the date for enacting the ordinance at the board meeting following the hearing. (70 ILCS 1205/4- 4)
NOTE 1: The budget and appropriation ordinance must be made available in tentative form for public inspection at least 30 days prior to final action thereon.
NOTE 2: All taxing districts are also required to file a certified copy of their budget and appropriation ordinances with the county clerk within 30 days of adoption, as well as an estimate, certified by the district's chief fiscal officer, of revenues, by source, anticipated to be received by the taxing district in the following fiscal year. Failure of a district to file the required document will authorize the county clerk to refuse to extend the tax levy imposed by the governing authority until such documents are filed. (35 ILCS 200/18-50)
June 15 The regular June board meeting date.
June 16 The last day for filing a copy of the district's budget and appropriation ordinance with the county clerk, as well as a certified estimate of revenue by source anticipated to be received in the following fiscal year (assuming a passage adoption date of May 18).
June 22 The first day notice of intention to file a petition to create a political subdivision, whose officers are to be elected rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (10 ILCS 5/28-2)
NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination petitions 78 to 71 days before such election. (10 ILCS 5/10- 6)
June 30 The last day to: (a) determine prevailing rate of wages, (b) post the rate schedule for inspection, and (c) file certified copy of determination with Secretary of State. (820 ILCS 130/9)
NOTE: Pursuant to 820 ILCS 130/4, a park district may request the Department of Labor to ascertain the prevailing rate of wages.
July 20The regular July board meeting date.
July 21 Attend the Legislative Golf Outing (Bensenville Park District, White Pines Golf Course).
July 22 The last day notice of intention to file a petition to create a political subdivision, whose officers are to be elected rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (10 ILCS 5/28-2)
July 24 The last day to file petition (must contain original sheets signed by voters and circulators) to create a political subdivision with the appropriate officer or board. (10 ELCS 5/28-2)
NOTE: Objections can be filed on or before the date of the hearing with the appropriate circuit court clerk. (10 ILCS 5/28-4)
NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination papers 78 to 71 days before such election.
NOTE: The circuit court clerk shall publish the hearing date for a public policy petition filed in his/her office not later than 14 days after the petition is actually filed, but at least five days before actual hearing. (Final order within seven days of hearing.)
July 30 The last date to publish determination of prevailing rate of wages
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(if determination was made by the district and not the Department of Labor), and mail copies of rates to requesting parties. (Publication must be within 30 days of date of filing with Secretary of State.) (820 ILCS 130/9)
August 1 The date nominations for the Board of Trustees of the Illinois Municipal Retirement Fund Board are to be made. (Between August 1 and September 15.) (40 ILCS 5/7-175)
August 1 The last day to file objections to petitions to create a political subdivision in the office of the election authority. (10 ILCS 5/28-4)
August 12 Attend Local Officials Day at the Illinois State Fair, Springfield.
August 17 The regular August board meeting date.
August 21 The last day for filing petitions (must contain original sheets signed by voters and circulators) for referenda for the submission of questions of public policy (local). (EXCEPTION:Proposition to create a political subdivision.) (10 BLCS 5/28-2.28-6,28-7)
August 28 The last day to file objections to petitions for the submission of questions of public policy. (EXCEPTION: Proposition to create a political subdivision.) (10 ILCS 5/10-8,28-4)
September 5 The last day for local governing boards to adopt a resolution or ordinance to allow a question of public policy to appear on the ballot. (10ILCS5/ 28-2)
September 7 The last day for the circuit court clerk and the local election official to certify any question of public policy to the election authority having jurisdiction over the political subdivision. (10 ILCS 5/28-5)
September 14 The regular September board meeting date.
October 1 The suggested date to review documents to determine which records can be destroyedpermission of Local Records Commission required. (50 ILCS 205/1)
October 5-9 Attend the NRPA Congress (San Antonio, Texas).
October 8 First day for election authority to publish notice of Nonpartisan Election and notice of referenda. (May include a list of precinct polling place addresses.) (10 ILCS 5/12-4,12-5)
October 15 The last day for election authority to supply absentee ballot materials to local election officials who conduct in-person absentee voting. (10 ILCS 5/ 19-2-1)
October 16 The first day for local election officials to conduct in-person absentee voting. (10 ILCS 5/19-2.1)
October 19 The regular October board meeting date. Review non-referendum bonding needs preparatory to selling bonds before close of calendar year. (70 ILCS 1205/6-4)
October 19 The suggested date for the board to estimate the funds to be raised by the tax levy ordinance, and to determine whether the funds to be raised exceed, by more than 105 percent, the amount extended or estimated to be extended upon the levy of the preceding year. (This determination must be made at least 20 days prior to enactment of the levy ordinance.) (35 ILCS 215/4 and 6)
NOTE 1: Public Act 86-957 passed by the General Assembly in 1989 and P.A. 88-455 make a number of changes to the Truth in Taxation Act including a change in the content of the notice provisions.
NOTE 2: Legislation also requires that all local governments file either certificate of compliance or a certificate indicating the inapplicability of the Truth in Taxation Act with the county clerk.
NOTE 3: It is recommended that the park district attorney review all determinations and proceedings relating to this reference, which is the Truth in Taxation Act. (35 ILCS 200/18-55 et. seq.)
October 26 Attend the IAPD Legal Symposium at McDonald's Corporate Center, Oak Brook.
October 28 Last day for election authority to publish notice of Nonpartisan Election and notice of referenda. (May include a list of precinct polling place addresses.) (10 ILCS 5/12-4,12-5)
October 31 The last day to publish annual statement of receipts and disbursements, and file a copy with the county clerk for districts on a May 1-April 30 fiscal year. (Must be accomplished within six months of close of fiscal year .) (30 ILCS 15/1)
October 31 The last day to file annual audit report with the Comptroller of the State of Illinois and county clerk (within six months of close of fiscal year). (50 ILCS 310/2 and 6)
November 7 Non-Partisan Election.
November 8 The suggested date to publish notice of hearing (Truth in Taxation Act) if the district's proposed levy is greater than 105 percent of last year's extension or estimated extensionmust publish not more than 14 days, nor less than 7 days prior to the date of the public hearing. November 9 publication date assumes a hearing date of November 16-23, 1994 be sure to check special publication requirements found in statute. (35 ILCS 215/1)
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NOTE: Notice of public hearing must now include the commonly known name of the taxing district. Further, any notice which includes information in excess of that specified and required by the Act shall be considered an invalid notice.
November 16 The regular November board meeting date and the suggested date to hold a hearing pursuant to the Truth in Taxation Act. (35 ILCS 200/18-55 et seq.)
November 16 The suggested date to enact tax levy ordinance at the regular meeting following the Truth in Taxation hearing (if required).
December 1 The suggested date to verify that, for real estate acquired in 1994, appropriate petitions have been filed to exempt from real estate taxes. (35 ILCS 205/19)
December 1 (if levy ordinance was enacted onNov. 16.1995)The last day to publish notice if levy amounts as enacted exceed prior published figures, or if levy exceeds 105 percent of last year's extension and there was not prior publication. (Notice must be given within 15 days of the date the levy ordinance was enacted.) (35 ILCS 215/7)
December 7 The suggested date to confirm that a certified copy of the levy ordinance was properly filed with the county clerk. 70 ILCS 1205/5-1, requires that a certified copy of the levy ordinance be filed with the county clerk not later than the last Tuesday in December each year.
December 21 The regular December board meeting date and suggested date to enact bond ordinance for non-referendum bonds to be issued prior to the end of calendar year. (70 ILCS 1205/6-4)
December 26 The last day to (a) file certified copy of tax levy ordinance with county clerk (70 DLCS 1205/5-1), and (b) file board president's Certificate of Compliance with county clerk. (35 ILCS 200/ 18-15) (See Public Act 88-455)
NOTE: State statute requires that all local governments file either certificate of compliance or a certificate indicating the inapplicability of the Truth in Taxation Act with the County Clerk.
December 29 The suggested date to prepare and file with the supervisor of Assessments the Annual Certification status of Exempt Property for 1996. (Last day for filing is January 31, 1996.) (35 ILCS 205/19)
December 29 The last day to file bond ordinance with county clerk in order to receive extensions of taxes for bond repayment in 1995.
January 11-14 Attend the IAPD/ IPRA Park and Recreation Conference at the Hyatt Regency O'Hare.
PERFORMANCE REQUIRED ANNUALLY1. The American Flag must be displayed and flown each day of the week from each City Hall or Village Hall and Village Square and at the principal entrance to all public parks. (5 ILCS 465/36)
2. Those park districts that have elected to place their employees under social security must send in contributions at such times as may be designated by the State Social Security Agency. (40BLCS 5/7-132 and 7-172)
3. Contributions to the Illinois Municipal Retirement Fund must be deducted each pay period from covered employee's pay and remitted to the Retirement Board along with the contribution to the municipality. This requirement is mandatory for municipalities over 5,000 population where Social Security is not provided, and elective for others. (40 ILCS 5/7-132 and 7- 172)
January 9: Inauguration January session days: 11,12,24,25,26,31
February session days: 1,2,7,8,9,14,15,16,21,22,23
February 27: Workers' Comp Briefing
March session days: 1,2,3,7,8,9. 14,15,16,21,22,23,24
April session days: 18,19,20,21, 25,26,27,28
May session days: 1,2,3,4,5,8,9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23. 24,25,26
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Sam S. Manivong, Illinois Periodicals Online Coordinator