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
Attorney general needs
detail on strip mining
Define powers of assistant
supervisor of safety
Commission has authority
to publish statistical analysis
Attorney general clarifies
'term of the County Board'
Judicial Rulings
Caught together 92 /Illinois Issues/March 1975
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
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
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
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
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
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.
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.
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.
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