THE MEETING of a county central committee of a major political party is not subject to the open meeting law (Ill. Rev. Stat., ch. 102, sec. 41). The Illinois Supreme Court has held that county central committees are not public bodies (S-1007).
A superintendent of a school district called a news conference and excluded certain members of the news media; there is no violation of the open meeting law because a news conference is not a public meeting within the law (NP-1021).
Paying taxes under protest
S-1004 to James M. Carr, state's attorney, DeKalb County, 12/3/75
It is not sufficient in paying personal property taxes under protest simply to obtain a receipt from the county treasurer to that effect. It is necessary to accompany the payments with a protest as prescribed in the Revenue Act (Ill. Rev. Stat., ch. 120, sec. 676) and to follow that with court action. Where these steps have not been taken and the time to file a protest has expired, the county collector is required to distribute such protested moneys collected in 1972 and 1973 to the taxing bodies entitled to it.
Even though the taxes under consideration were levied and collected under a mistake in the law, they cannot be recovered. In this case, the taxes came from estates which are now exempt from paying personal property taxes under the precedent of Hanley v. Kusper (see January 1976, p. 28).
County board regulatory powers
S-1010 to William J. Cowlin, state's attorney, McHenry County, 12/8/75, and NP-1019, also to Cowlin, 12/16/75
McHenry County is not a home rule unit. By statute it is authorized to regulate the activities of private sewage disposal contractors, including licensing them. But a proposed ordinance which would limit the number of licenses and would exclude nonresidents from licensure would be subject to attack as violating the equal protection clause and the privileges and immunities clauses of the U. S. Constitution (S-1010).
A proposed county ordinance regulating private wells and sewers would be enforceable except as to municipalities maintaining a health department recognized by the state (NP-1019).
County board control of budgets
NP-1003 to Jack Hoogasian, state's attorney, Lake County, 12/1/75
Lake County is not a home rule county and the county board cannot set salaries of the recorder's employees, but the recorder must stay within "budgetary limitations" set by the board. Nor may the county board, any committee or officer thereof, install a personnel and job classification program and salary schedule applicable to the recorder's employees. But the county board can delegate budget proposals to its committees for review; it may rely on and approve committee recommendations; and "it is not required to vote aye or nay on the unchanged budget proposal of the county recorder."
County board members- township supervisors
S-1016 to William K. O'Connor, state's attorney, Henry County, 12/11/75
Public Act 79-457, which became effective October 1, 1975, permits a county board member who may be elected to the office of township supervisor in or before 1977 to hold both offices simultaneously until the expiration of the term on the county board; thereafter holding both offices simultaneously is forbidden. The attorney general said under this act a person elected to a county board in November 1976 and elected township supervisor in 1977 can hold both offices. This, in effect, erases opinion S-877, issued 3/17/75 prior to the new law (see July 1975, p. 219).
26 / March 1976 / Illinois Issues
No conflict of interest
NP-1002 to John J. Bowman, state's attorney, DuPage County, 12/1/75; NP-1012 to C. Joseph Cavanagh, state's attorney, Sangamon County, 12/10/75; and NP-1014 to Jack Hoogasian, state's attorney, Lake County, 12/11/75
A county treasurer who has, at the time of deposit of county funds in a bank, a personal loan from that bank or who thereafter obtains such a loan while county funds are still on deposit does not have an interest prohibited by section 3 of the Corrupt Practices Act (Ill. Rev. Stat., ch. 102, sec. 3) (NP-1002).
The Springfield Metropolitan Exposition Auditorium Authority (SMEAA) has rented office space in a building owned by a trust. Two beneficiaries of the trust are brothers of an SMEAA board member (he has no beneficial interest in the trust). There is no evidence of pecuniary advantage to the board member, and he is not in violation of the Corrupt Practices Act (NP-1012).
There is no conflict of interest for a village trustee to seek to rezone his property through the zoning board of appeals, even though members of the board are appointed by the mayor and approved by the trustees (NP-1014).
School district severance pay
NP-1001 to Joseph P. Koval, state's attorney, Macoupin County, 11/26/75
A school board is not authorized to pay a teacher or other certified personnel a lump sum retirement or severance based on the number of days of unused sick leave; but it may do so with regard to its uncertified personnel.
Salary increases unconstitutional
S-1006 to William K. O'Connor, state's attorney. Henry County, 12/5/75, and S-1017 to Martin L. Silverman, chairman, State Police Merit Board, 12/12/75
Constitutional provisions prohibit increases in salaries of certain public officers during the terms for which they were elected or appointed (Art. VII, sec. 9 (b) applies to elected officers of local government; Art. V, sec. 21 applies to officers of the executive branch).
The Henry County Board had adopted a cost-of-living formula looking toward future cost-of-living salary adjustments of county officers, but these would not be self- operative but would depend on discretionary action of the board. Thus, the attorney general said, "the standard of changes is subjective" and therefore the plan would violate the Constitution (S-1006).
In the case of the merit board (S-1017) a salary increase provided by the legislature cannot apply to board members serving terms which began before the effective date of the salary increase.
Investment adviser status, S-1000: A registered one-bank holding company located in Indiana may operate as an investment adviser in Illinois.
Bank parking lots, NP-1005: A parking lot adjoining a bank is a "shopping center" and a city or county may contract with the bank to regulate traffic in the lot.
Incompatible offices, S-1025: Under the common law doctrine of incompatible offices, a person cannot simultaneously serve as city attorney and deputy public defender.
North Shore Sanitary District, NP-1009: In the initial election of trustees (formerly appointed) the situation is analogous to a reapportionment, and signatures of at least 150 primary electors from a ward are required on a nominating petition. NP-1008: An appointed trustee whose term expires prior to the beginning of the term of an elected trustee continues in office until his successor is elected and qualified.
Tax conference, S-1011: The conference on tax objections provided in section 194a of the Revenue Act is not mandatory, but any such conference must be held in the presence of the circuit judge.
Representing sheriff, S-1013: It is the duty of the state's attorney to represent the sheriff in proceedings to remove a deputy sheriff if the state's attorney determines there is cause for removal.
Filing plats, NP-1020: Questions concerning the nature of documents to be filed with the county recorder when a municipality seeks to annex territory belonging to another municipality are answered by the attorney general.
Child abuse definitions, S-1018: The definitions of "abuse" and "neglect" in the Illinois Abused and Neglected Child Reporting Act include "threatened harm" as that term is used in federal HEW regulations.
Litigation costs, S-1015: The simplest way of paying costs of litigation in which the Illinois Building Authority (IBA) was involved would be an appropriation to those having claims against the IBA for such costs.
He cited requests for increased spending for higher education ($86 million), elementary and secondary education ($383 million), public aid ($200 million), and pressures for state employee pay increases.
Brann said the state will wind up fiscal 1976 with a zero balance in its general funds, provided an anticipated public aid deficiency does not exceed $150 million and some appropriated funds are not spent.
Attorney General Opinions in brief
Voting, NP-998: Military or naval personnel stationed in Illinois may vote without having previously registered, if legally qualified to vote, by signing the required affidavit at the polling place.
State fiscal outlook
ADDITIONAL state general revenues of $426 million may be expected for fiscal year 1977 because of improved economic conditions, predicted Lester W. Brann, Jr., president of the Illinois State Chamber of Commerce, on January 12. However, he said, this money "will be quickly eaten up by already-known requests for more spending for the next [1977] fiscal year."
Leonard Schaeffer, state budget director, asserted the December 31 balance was low because Lindberg had processed pay vouchers a few days in advance of their usual payment dates.
The state had 117,152 employees in October 1975 and 117,382 in November, according to Lindberg. Total payroll costs for all state agencies in November was $112 million, up 11 per cent from November 1974. The number of employees was up 1,343 from the previous year.
March 1976 / Illinois Issues / 27