Who files and what must be disclosed

THE ILLINOIS Governmental Ethics Act, as amended in 1972 by Public Act 77-1086, requires virtually all elected and appointed state and local officials as well as upper echelon public employees to disclose "economic interests" which could place them in a conflict of interest situation. The act applies also to candidates for elective offices. State and local personnel must file their statements by April 30 or when they become candidates for office or are appointed to office if a statement in reference to that office has not been previously filed by the individual. State officials, employees, and candidates file with the secretary of state; their local counterparts file with the county clerk of their home county.

State officials required to file include members of the General Assembly, state judges, elected executive branch officials, members of constitutionally mandated commissions and boards, nominees and candidates for these positions and state employees who earn over $20,000 (except teachers) and those who must be confirmed by the Senate. Like state officials, local officials are required to report only those "economic interests" which bear upon their employment with state or local government. This is, individuals who must file are not required to list income, assets or business affiliations and transactions which do not involve state or local government. The following local officials are required to file:

(g) Persons who are elected to an office in a school district, defined to include community college district, or in a unit of local government as defined by the Illinois Constitution, and candidates for nomination or election to such office;

(h) Persons appointed to the governing board of a school district, defined to include community college district, or of a special district and persons appointed to a zoning board, or zoning board of appeals, or to a regional, county or municipal plan commission or to a board of review of any county;

(i) Persons who are employed by a school district, defined to include community college district, or by any unit of local government as defined by the Illinois Constitution, and are compensated for services as employees and not as independent contractors at the rate of $20,000 per year or more and other persons so employed who are compensated at a rate of less than $20,000 per year for such employment, if they receive fees for professional services rendered for the State or any unit of local government or school district, defined to include community college district, in such an amount that their total income from public employment, including such fees, is $20,000 per year or more.

The following information must be filed by both state and local officials:

(1) The name, address and type of practice of any professional organization or individual professional practice in which the person making the statement was an officer, director, associate, partner or proprietor, or served in any advisory capacity, from which income in excess of $1,200 was derived during the preceding calendar year;

(2) The nature of professional services (other than services rendered to the unit of government in relation to which the person is required to file) and the nature of the entity to which they were rendered if fees exceeding $5,000 were received during the preceding calendar year from the entity for professional services rendered by the person making the statement.

(3) The identity (including the address or legal description of real estate) of any capital asset from which a capital gain of $5,000 or more was realized in the preceding calendar year.

(4) The name of any unit of government which has employed the person making the statement during the preceding calendar year other than the unit of government in relation to which the person is required to file.

(5) The name of any entity from which a gift or gifts, or honorarium or honoraria, valued singly or in the aggregate in excess of $500, was received during the preceding calendar year.

The following information must be filed only by local officials:

(1) The name and instrument of ownership in any entity doing business with the unit of local government in relation to which the person is required to file if the ownership interest of the person filing is greater than $5,000 fair market value as of the date of filing or if dividends in excess of$ 1,200 were received from the entity during the preceding calendar year. (In the case of real estate, location thereof shall be listed by street address, or if none, then by legal description). No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(2) Except for professional service entities, the name of any entity and any position held therein from which income in excess of $1,200 was derived during the preceding calendar year if the entity does business with the unit of local government in relation to which the person is required to file. No time or demand deposit in a financial institution, nor any debt instrument need be listed.

(3) The name of any entity and the nature of the governmental action requested by any entity which has applied to the unit of local government in relation to which the person must file for any license, franchise or permit for annexation, zoning or rezoning of real estate during the preceding calendar year if the ownership interest of the person filing is in excess of $5,000 fair market value at the time of filing or if income or dividends in excess of $1,200 were received by the person filing from the entity during the preceding calendar year.*

Economic disclosure statements filed with 57 of 102 county clerks as of April 30, 1976

	Number filed		Examinations during 1975			Examinations Jan-May 1976
Alexander	60		1			0
Bond	217		19			7
Bonne	251		21			36
Carroll	402		2			2
Clinton	361		2			0
Cook	35,000		6,000-8,000			2,000
Crawford	180		38			21
DeWitt	270		80			9
Douglas	325		42			5
Edgar	250		14			0
Edwards	66		8			8
Ford	300		87			35
Fulton	335		30			1
Grundy	367		30			10
Hardin	1		0			0
Henderson	110		52			21
Henry	400		31			27
Iroquois	614		120			60
Jasper	155		23			11
Kane	1,394		----			----
Kankakee	655		100			8
Kendall	415		15			6
Knox	419		100			43
Lake	2,192		532			157
Lee	3		0			0
McDonough	173		1			0
McLean	800		250			150
Macon	575		100			150
Marion	450		46			42
Mason	235		9			0
Massac	97		7			11
Menard	88		5			1
Monroe	----		8			8
Morgan	156		35			17
Ogle	600		1			3
Peoria	1,600		250			75
Perry	220		10			0
Piatt	422		45			9
Pike	525		3			0
Pope	72		1			1
Pulaski	87		2			0
Putnam	81		15			16
Randolph	230		0			0
St. Clair	1,180		600			40
Saline	193		7			10
Sangamon	400		100			60
Scott	114		8			23
Shelby	37		108			351
Stephenson	466		62			80
Tazewell	710		70			29
Union	----		10-12			10-12
Vermillon	652		50			25
White	150		44			21
Whiteside	590		75			35
Will	2,025		522			182
Winnebago	1,264		200			1,260
Woodford	485		511			21
Totals	59,419		12,504			5,099

Source: Information derived from Illinois Issues survey.
January 1977 / Illinois Issues / 17