Answers to Questions

By THOMAS A. MATTHEWS, J. D., League Consultant

SUBMIT ALL QUESTIONS FOR INFORMATION IN WRITING

To Mayor, Rockford:

"The calendar of municipal duties contained in the December issue of the Illinois Municipal Review should have been complete for the entire year. Please check and see if by chance you received a bob-tailed calendar. You will note that we do not repeat those duties that are to be performed monthly or quarterly but merely listed them at the start of the calendar.

"I am glad that you enjoyed the calendar and found it helpful; and we would be glad to have any suggestions for improving it."

To Village Clerk, Latham:

"In a municipality not operating under the Fire and Police Commissioners Act, policemen may be either officials or employees, depending upon the ordinance establishing the department. If they are officers they are to be appointed by the Mayor with the advice of the council In cities, and by the President and Board of Trustees in villages—excepting in commission form cities.

"If they are employees they are to be selected in the manner provided by ordinance. The oath of office may be given by the clerk, a justice of the peace, a notary public or anyone authorized to administer oaths.

"The bond of a Mayor or village President does not cover his successor and a new bond should be furnished when a new Village President or Mayor is elected or appointed.

"I believe that the 'Handbook for Municipal Officials' published by the Illinois Municipal League would be helpful to you. This was published in 1954, but a revised edition will be printed shortly."

To Trustee, Stone Park:

"I am glad that you find the municipal league helpful.

"The questions you raised in your letter should be discussed with the village attorney. Generally, there is no requirement that a commission card issued to a municipal officer be turned in when the officer is elected or appointed for a new term. The question of what assistance should be furnished for the clerk's office is entirely for the village board to determine.

"There is no office of police commissioner created by statute—other than members of the board of fire and police commissioners where that Act is in force, and no such office exists unless it is created by ordinance."

To Village President, Poplar Grove:

"I know of no authority for imposing a special tax on trailers used as residences.

"Some municipalities have prohibited the use of trailers for residence purposes, except in a licensed trailer park. Others have a provision in their building ordinance, or zoning ordinance which in effect accomplishes the same purpose. Such ordinances I believe would be held valid, although there has been no court decision on them as yet."

To Alderman, Piano:

"The only authority I know of for a municipality to operate a Youth Center or similar establishment is found in Article 57 of Chapter 24 of the Revised Statutes. That Article provides that no appropriation may be made for the purpose without a referendum election."

To City Clerk, Chester:

"There is a provision in the Dram Shop act, in Illinois Revised Statute, Chapter 43, Paragraph 120, as follows:

'Persons ineligible to license.) No license of any kind issued by the State Commission or any local commission shall be Issued to: ...

Any law enforcing public official, any mayor, alderman or member of the city. council or commission, any president of the village board of trustees, any member of a village board of trustees, or any president or member of a county board; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor. As amended by act approved July 8, 1957. L. 1957, P. —, H.B. No. 880.'"

To Village President, Mendon:

"In regard to the problem of hiring an individual as Chief of Police, where the individual was not a resident of the municipality at the time he was hired:

"Illinois Revised Statute, Chapter 24, Paragraph 9-87 provides that no person shall be eligible to any municipal office unless he is a qualified elector of the municipality and has resided therein at least one year next preceding his election or appointment. There are certain exceptions to this, but there is no exception for a Chief of Police."

To City Clerk, Gibson City:

"The pay raise for Aldermen described in your letter would take effect as of the terms starting in May 1959, for those Aldermen who come up for election in April 1959; the same results would be true for the Alderman elected to fill a vacancy expiring in April 1959. Those Aldermen whose terms expire in 1961 would not be able to receive the benefit of the pay raise in 1959. I believe you should have your city attorney, check your records to determine whether any ordinance amendment or a resolution is required to effectuate the pay increase."

To Village Clerk, Joppa:

"Under the circumstances described in your letter, the Acting President who was recently appointed will hold office until the 1959 election of trustees. At that time an election should be held to fill the vacancy in the office of President for the remainder of the term."

To City Clerk, East Dubuque:

"The Dram Shop act, Illinois Revised Statutes, Chapter 43, Paragraph 120, provides that no liquor license of any kind shall be issued to any law enforcing public official. A Deputy Sheriff would not be eligible for a liquor license."

To City Clerk, Rosiclare:

"The question contained in your letter concerning telephone service for the fire department should be discussed with your city attorney.

"In the absence of some provision In the franchise ordinance, the fire alarm service to be rendered by the telephone company is subject to the control of the Illinois Commerce Commission. Most telephone companies have established a satisfactory form of service."

To City Clerk, Zion:

"As your city attorney has told you, there is no specific statutory provision covering the use of a surplus in the general obligation bond issue fund after the bonds have all been retired. Chapter 24 paragraph 15-7 has such a provision relating to bonds issued prior to 1935.

"I believe it would be permissible to use any such surplus for any proper corporate purpose, treating it in the same manner as money received without protest on an illegal tax levy."

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