ANSWERS TO QUESTIONS
By THOMAS A. MATTHEWS, J. D., League Consultant

Submit All Questions For Information In Writing

To Police Chief, Lawrenceville:
"In Illinois there is no provision for a 'statutory subsistence allowance' to policemen such as is referred to under Section 120 of the Internal Revenue Act. Where policemen are sent on special duty, away from home, it is possible that they may be paid living expenses in addition to their salary, and in that case such expense up to $5 a day would be deductible in accordance with Section 120. I can see no way in which this deduction can be arranged excepting for men on police duty, as I mentioned. This problem should be discussed with your city attorney."

To Alderman, Golconda:
"Unless the ordinances provide otherwise, regular meetings of the council which happen to fall on a holiday are not automatically continued to another date. Some ordinances provide that in the event of a regular meeting falling on a holiday the meeting shall be held on the next secular day thereafter.

"Where the City Council consists of six members, a quorum consists of either three aldermen plus the mayor or four aldermen. A quorum can conduct all ordinary business and pass any ordinances that require only a majority vote."

To City Attorney, Flora:
"The provision found in Chapter 24, Paragraph 14-6.1 reciting that policemen or firemen having served for two years prior to the time the act comes into effect shall be protected but the statute does conflict with the provisions of Paragraph 14-11 which states that policemen having served more than one year are automatically under the act. The later provision was amended in 1955 and would, I think, take precedence, so a man that is on the force for one year prior to the time the Fire and Police Commissioners Act went into effect as to his city could not be removed without a hearing.

"Paragraph 14-6.1 would still provide that policemen would retain their rank held for a period of one year prior to the act becoming effective in the city."

To Alderman, Calumet City:
"By statute the mayor is made liquor commissioner; he may, it he desires, appoint assistants to serve as a liquor commission but the ultimate responsibility of issuing the licenses is still that of the mayor.

"Some municipalities do have what is called a liquor commission to advise with and assist the mayor on these problems; I do not know how many follow this practice."

To Village Clerk, Coalton:
"Under the present statutes it is possible that a municipality might be liable for injury caused by a fire truck. Consequently many municipalities carry liability insurance on this equipment even though the general rule is that there is no liability on the village for acts of firemen."

To Village Clerk, Sadorus:
"The village is not under any liability in the event a volunteer fireman is injured or killed while on duty; insurance can be taken out to cover these men."

To Village Clerk, Smithboro:
"Unlike the situation in a city under the aldermanic form, when the office of Village President becomes vacant the Trustees may fill it by appointment, appointing either a Trustee or one who is not a member of the Board of Trustees to serve as Village President until the next regular election. It is not necessary that the action of the Board be unanimous.

"If desirable, a special election could be held to fill the office for the remainder of the term."

To Attorney, Forreston:
"The question whether a city should operate a swimming pool and park or whether there should be a separate Park District created for the purpose is entirely one of policy. The taxes allowed a Park District vary somewhat from those allowed a municipality, for park purposes although the power to issue revenue bonds is substantially the same.

"If a Park District is created to include all the area of the city or all of the city plus additional area It has bonding power independent of the constitutional and statutory restrictions on the power of the city to issue general obligation bonds.

"The advantages of having a separate Park District are that if the city's general obligation bonds have reached near to its limit a separate district could issue bonds up to its 5% limit even though the boundaries are co-extensive with the city."

To Attorney, Chester:
"Although some ordinances on nuisances recite that the city shall be entitled to the cost of taking summary action to abate a nuisance, I doubt that the ordinance has much juridical effect. Of course, the owner can be prosecuted for maintaining a nuisance or the city may bring an action in court to compel the abatement of the nuisance."

To City Attorney, Edwardsville:
"I concur with your conclusions as to the effect of the Appellate Court case involving the city of Lincoln, on the application of the Police or Firemens' Pension Law.

"According to that opinion contributions from the Policemen must be paid from the time the Pension Act became effective—even though no Pension Fund was actually established in accordance with the mandatory provisions of the statute."

To Town Clerk, Chatsworth:
"The compensation of municipal officials or employees is not subject to garnishment, ordinarily. A specific problem should be discussed with the municipal attorney."

October 1958 / Illinois Municipal Review / Page 235

To Village Attorney, Cooksville:
"The statutes authorize a special tax for forestry purposes after a referendum (See Chapter 24, Paragraph 69/1-1). I do not know of any other source of revenue— other than the general corporate income—which could be used for the purpose."

To Attorney, Mt. Morris:
"I do not know of any decision on the question -whether a municipality can refuse to issue a building permit because the intended use, although complying with the ordinances, would violate a restriction in the deed, or a subdivision restriction. Some building ordinances have such a provision but its validity is debatable."

To City Attorney, Rock Falls:
"Probably you would be interested in an ordinance which prohibits anyone from going on the premises of another for the purpose of selling or soliciting business without the consent of the occupant of the premises. Such an ordinance has been held valid by our Appellate Court and you will find a copy of it with a discussion of the law involved in the August 1951 issue of the Illinois Municipal Review."

To Acting Village Clerk, Sauk Village:
"The questions raised in your letter of September 24th are more administrative than legislative. Ordinarily the clerk is custodian of municipal records but the governing body has the right to provide and designate the place where those records should be kept.

"The compensation of the clerk cannot be increased during the term—even though a vacancy occurs and a new clerk is appointed to fill that vacancy.

"The legal questions which arise incident to your taking over this office should be discussed with the village attorney."

To Commissioner, Aurora:
"The question you asked as to the right of the Commissioner of Public Health and Safety to order city owned equipment retired from service when you believe it is unsafe relates to administration rather than law.

"Ordinarily the Commissioner in whose custody equipment is placed would have the power to withdraw such equipment from service if in his opinion it is unsafe. The matter, of course, should be discussed with the city attorney if there is any dispute as to the power of the Commissioner to do so."

To Assistant Chief of Police, Mendota:
"Municipalities of over 5,000 population are automatically under the Police and Fire Pension Fund Act, and also under the provisions of Article 14 of Chapter 24 of the revised statutes which establishes a Board of Fire and Police Commissioners.

"Under that article policemen and firemen—other than the Chief of each Department—are hired and discharged only by the Board of Fire and Police Commissioners. The city council determines how many policemen or firemen there shall be and the ranks within each Department. All appointments to the Department and all promotions and all discharges are made by the Board of Fire and Police Commissioners subject to the provisions of Article 14. These provisions require an examination for original appointments or promotions and a public hearing on charges before a policeman or fireman may be discharged.

"The Pension Fund for the Police Department and for the Fire Department are each under a separate act providing for the establishment of a Police Pension Board and a Fire Pension Board. These are in addition to the Board of Fire and Police Commissioners under Article 14.

"Men who have been on the Department before the act went into effect do not have to take a physical examination insofar as their tenure of office under the act is concerned, but they do have to have an examination to come under the benefit of the Police Pension Fund.

"The specific questions you ask concerning the application of the act to your city should be discussed with the city attorney."

To Attorney, Momence:
"I do not know of anything to prevent a municipality from renting a park for occupancy by house trailers, but so far as I can see the State law regulating house trailer parks does not exempt parks owned by a municipality from its regulations."

To Executive Director, Illinois Municipal League:
"Illinois Revised Statutes, Chapter 24, Paragraph 19-31 requires that every officer elected in a commission form city or village shall file and publish a sworn statement of election expenses.

"Paragraph 19-55 provides that in a commission form municipality of over 15,000 population a detailed statement of all receipts and expenses, and a summary of the council's proceedings must be prepared each month. In those of less than 15,000 inhabitants this report is prepared annually. A copy of the report is to be furnished to the state library, the city library, and all daily and weekly newspapers with a general circulation within the municipality.

"The books must be examined at the end of each fiscal year and a copy of the accountant's report shall be published in the same manner as the statement of receipts and expenses.

"You will note that the requirement of this report by commission form cities is mentioned in our calendar of statutory duties published in the Review.

"These reports are required in commission form municipalities in addition to the other numerous reports that must be prepared and published in all municipalities."

October 1958 / Illinois Municipal Review / Page 226