Illinois Law Foundation

The Illinois Law Foundation can change its name to the Lawyers Trust Fund of Illinois without violating the state's not-for-profit corporation law. The law says that the names of charitable corporations must not imply they were organized for purposes other than those set forth in their articles of incorporation (Ill. Rev. Stat. 1981, ch. 32, sec. 163a6). The foundation was organized to provide legal services to the poor and loans to law students, but it is also a trust fund because it administers funds derived from the investment of lawyers' client trust funds in interest-bearing accounts. Calling itself a trust fund does not imply the foundation is in the trust business nor does it contradict its articles of incorporation. (File 83-019)

36/May 1984/Illinois Issues

County board mileage allowance

Mileage allowances for travel in conducting county business cannot be paid to county board members unless expenses are actually incurred (Ill. Rev. Stat. 1981, ch. 34, sec. 403-2). A 1966 opinion by Atty. Gen. William G. Clark construed a previous statute to allow payment of a mileage allowance without regard to actual expenditures. That statute, however (Ill. Rev. Stat., 1969, ch. 53, sec. 38), has since been repealed. (File 83-023)

Sheriff's Merit Commission

Abolishing the rank of lieutenant in the Peoria County sheriff's office does not fall within the power of the Peoria County Sheriff's Merit Commission, established under the Sheriff's Merit System Act (Ill. Rev. Stat. 1981, ch. 125, sec. 151, et seq.). Such reorganization may be done only by order of the sheriff. The commisision had determined that the efficiency of the sheriff's office would be enhanced by abolishing the rank of lieutenant, and the move would not circumvent the protection of the merit employment system, but under the Sheriff's Merit System Act, the merit commission is granted no express or implied power to create or abolish ranks within the certified personnel of the sheriff's office. The only powers the commission holds with the respect to rank appear to be the authority to set standards and qualifications for each class of certified personnel and to certify personnel as eligible for promotion. Only the sheriff has the implied power to create or abolish positions within lis office. (File 83-024)

May 1984/Illinois Issues/37