Executive Report

Be it resolved . . .
End of a tradition?

WHEN Hank Aaron last year broke the lifetime home run record, the Illinois Senate congratulated him.

When Cannonade won the Kentucky Derby, the Senate saluted John H. Olin of Alton, Cannonade's owner.

When Mayor Richard J. Daley turned 72, the Senate sent its regards.

When the members of the Illinois Division, American Association of University Women, observed their organization's 50th anniversary, the Senate hailed the occasion.

But you need not have been well known to merit the Senate's recognition. Albert Walton of Bone Gap was honored for his humorous writings. "Doc" Helm, chief photographer for the secretary of state, received birthday greetings. Kelly Jordan of Normal, a 10 year old who won the bicentennial license plate competition, was commended by the Senate. Fifteen Boy Scouts in the Southwest Division, Prairie Council, B.S.A., who achieved the rank of Eagle Scout, earned a senatorial accolade. Indeed, all 1,300 municipal clerks of Illinois were praised for efficiency (but not by name) in carrying out their duties.

These honors were bestowed by adopting a resolution. During the 1973- 74 legislature, almost 600 resolutions were offered in the Senate, prompting Sen. Cecil A. Partee, the Democratic leader, to propose elimination of all but business resolutions (12/19/74).

"I am sure the per-resolution cost is high, because factors entering into the cost include expensive printing in the Journal, fancy papers and binders, and employees' time which could be better used on more meaningful projects," Partee said.

"My proposal will no doubt run into some opposition. Resolutions are a time-honored tradition, and I have introduced plenty of them in my time. But I believe the time is ripe for legislative reform .. . ."

Partee proposed a "Certificate of Recognition" be used by senators in lieu of resolutions. No Senate action would be required on these, but they would be officially recorded. Preparation and content would be the responsibility of individual senators.

Attorney General Opinions
20-year-old police officers

A 20-year-old person may be appointed as a municipal police officer if two years of law enforcement studies have been successfully completed at an accredited college or university. A 20-year-old police officer is restricted from carrying firearms and is restricted from making arrests except when commanded to do so by another police officer (21 years of age or older) or in a situation "when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed" (all private persons have this power of arrest). AG File No. S-851, 12/18/74

Attorney general needs detail on strip mining
The attorney general outlined the specific information he would need before determining in his opinion whether legislation requiring strip miners of coal to make substantial surface land reclamation would be permissible under the U.S. and Illinois constitutions. Because of the varying decisions in the courts, the attorney general said "certain factual matters should be examined regarding each type of open pit mine in order to establish whether significant distinctions exist as would justify a legislative classification based upon the mineral or minerals extracted." The opinion was requested by Sen. Clifford B. Latherow (R., Carthage), chairman of the Senate Committee on Agriculture, Conservation and Ecology, and Sen. Roger A. Sommer(R., Morton), chairman of the Senate subcommittee on strip mining. AG File No. NP-848, 12/18/74

Define powers of assistant supervisor of safety
Assistant supervisors of safety, who are employed by the sheriff of a county (by law, the supervisor of safety is the sheriff) may while engaged in the enforcement of any motor vehicle or highway safety law or municipal ordinance "exercise the same powers as are granted all other peace officers by Illinois law," according to the attorney general. AG File No. S-853, 12/18/74

Commission has authority to publish statistical analysis
The Illinois Fire Protection Personnel Standards and Education Commission has the authority to publish a statistical analysis of data gathered from a statewide examination for certification of fire fighters in the advanced training program, according to the attorney general. Also, the Commission does not need to obtain a release from any local governmental agency or municipality in order to use statistics from any unit. AG File No.NP-847, 12/18/74

Attorney general clarifies 'term of the County Board'
Clarifying an earlier opinion (S-797), the attorney general states that "the length of a lease for governmental purposes depends upon the duration of the term remaining to those county board members whose terms have the least time left to run, except where the special circumstances set forth in S-797 apply.- AG File No. S-849, 12/18/74

Judicial Rulings
THE U.S. Supreme Court denied an appeal (12/9/74) from the members of the Illinois State Police who challenged Gov. Dan Walker's executive order requiring employees under his jurisdiction to file an annual Statement of Economic Interest (Troopers Lodge No. 41 v. Walker). The opinion noted that the Constitutional question of equal protection does not apply in the case because "Illinois has offered evenhanded treatment" in all branches of state government in its governmental ethics program. This cleared the way for the governor's Board of Ethics to put filing requirements into effect. As many as 10,000 persons may have to file.

Caught together
Democratic Lt. Gov. Neil Hartigan and Sen. William Harris, Republican Senate leader, were trapped for almost an hour in an elevator in a Springfield hotel. We can expect some bi-partisan support of legislation on stuck elevators.

92 /Illinois Issues/March 1975


A 'real' end for superintendent may end merry-go-round for State Fair

NOMINATION of Earl E. Soder (see Naniesj by Gov. Dan Walker as superintendent of the Stale Fair Agency (1 2/27/74) was expected to end a disagreement over payment of State Fair bills that began when State Comptroller Creorge Lindberg, on the advice of Attorney Cieneral William J. Scott, refused to honor vouchers certified by Paul H - King as acting State Fair superintendent.

The attorney general ruled that King was not legally fair superintendent because the statute does not provide for an "acting superintendent" and King's name had never been submitted to the Senate for confirmation as required by the statute and Constitution (File No. S-846, 12/10/74). King then filed suit in the Sangamon County (Springfield) Circuit Court, seeking to compel the comptroller to honor the unpaid vouchers, including a payroll for 87 fair employees (t 2/18/74). Circuit Judge J. Waldo Ackerman quickly granted a temporary mandatory injunction ordering the employees to be paid but holding back King's pay and action on other bills (King v. Lindberg. 676-74, 1 2/19/74). "The employees are not, in my opinion, required at their peril to determine legal questions relating to the head of their agency," he said. Ackerman described his order as "one of the most extraordinary of writs [which] should be issued by courts with extreme caution."

The reason given by the administration for not submitting King's name to the Senate for confirmation as State Fair superintendent was that the statutory salary for the position, $16,000 was too low to attract a qualified executive. The salary was set in 1961 when the State Fair Agency, formerly part of the state Department of Agriculture, became a separate agency (Ill-Rev. Stat., ch. 127, par. 401). In an

acting capacity. King had been paid approximately $24,000 per year as an Executive V, an administrative job title. House Bill 2898, which will raise the salaries of many state officers, including the State Fair superintendent (to $23,000) was signed by the governor in January. Soder, it was announced, would receive compensation from his accounting firm, Arthur Andersen & Co.. to supplement his statutory salary.

The practice of appointing an acting superintendent had begun during the previous administration. King's two immediate predecessors, John Kadow (appointed 2/18/70) and Thomas B. Evans (appointed 4/20/70) had never been confirmed by the Senate either, according to the appointments ledger in the Index Department. Office of Secretary of State-With Soder, a certified public accountant, becoming responsible for the finances of the fair, King, who formerly headed Milwaukee's Oktoberfest, would continue as State Fair manager. Concurrent with announcement of Soder's appointment, the Illinois Information Service announced that the fair was one of 19 organizations cited for outstanding design by a national magazine, industrial Design.

While the State Fair Agency is not a major state department by any means, its budget runs into the millions. The appropriation for the fiscal year that ends June 30. 1975, totals $6,685,271 and includes $2,735,271 for operations. $2,944.000 for permanent improvements, $995,400 for grants and awards, and $10,000) for refunds. Three-fourths of this money comes from the Agricultural Premium Fund, supported in the main by taxes on horse racing;

State Fair proceeds are also paid into this fund after depositing the first $200,000 in a State Fair trust fund.

Names
Appointments


Joseph P. Pisciotte as director of the Department of Business and Economic Development (12/17/74) effective January. A twice unsuccessful Senate candidate (D., Champaign), he has been on the University of Illinois faculty since 1966 and was executive director of the 6th Illinois Constitutional Convention. Acting Director Theodore N. Silver-man will return to his post as deputy director of international trade.

Sidney M. Marder of Peru as director of the new Energy Development Program of the Department of Business and Economic Development (12/17/74) effective January 1. He has served as a member of the Illinois Pollution Control Board.

James T. Otis, a Chicago attorney, as chairman of the governor's Board of Ethics to succeed Jack F. Isakoff, retired professor of government. Southern Illinois University, Carbondale, whose resignation was announced earlier (12/19/74).

Chicago industrialist A. T. Tsoumas as chairman of the International Trade and Port Promotion Adivsory Council.

Earl E. Soder of Downers Grove as superintendent of the Illinois State Fair. He is a manager with the auditing firm of Arthur Andersen & Co. and wilt serve until a new superintendent is named, according to the governor.

George Nichols, Springfield, by the Legislative Reference Bureau as the Bureau's executive secretary (1/7/75). Nichols had been deputy secretary.

Jerry D. Sternstein as deputy director for licensing in the Department of Registration and Education (12/13/74) effective mid- January. He was formerly chief of the Office of Housing and Building, Department of Local Ciovernment Affairs.

Alexander P. Robinson as assistant for urban affairs in the Department of Insurance (1/7/75). He was formerly assistant director of the department's Public Service Division.

Robert Y. Andersen as deputy director for community services (12/19/74) for the Department of Mental Health and Developmental Disabilities. He was formerly special assistant to the director.

Richard H. Parsons, a Peoria attorney, for three-year term as member of the Capital Development Board.

Alfred C. Whitley. Chicago, as member of the Fair Employment Practices Commission for three-vear term.

William B. Petty of Eldorado, William S. Andersen of Chicago, Peter A. Skinger of Matteson, and David Woodland of Benton, by the auditor general as members of the Illinois Slate Audit Advisory Board.

March 1975/Illinois Issues/93

|Back to Periodicals Available| |Table of Contents| |Back to Illinois Issues 1975|