Alderman can be sued
A CHICAGO ALDERMAN convicted in
federal court of conspiracy in using his
official position to profit from land sales to
the city can be sued by a taxpayer, the
Supreme Court held in Chicago ex rel.
Cohen v. Thomas E. Keane et al. handed
down October 1. The opinion was written by
Justice Schaefer; Justice Underwood concurred in a separate opinion. The court's
action reversed the Cook County circuit
court, which had dismissed the suit against
former Chicago Aid. Thomas E. Keane and
others.
Suing the state
If you are injured by the negligence of a
state employee or agent, you cannot sue the
state in the circuit court. Instead, you must
file a claim in the Illinois Court of Claims.
This requirement was upheld as constitutional in Seifert v. Standard, written by
Chief Justice Ward and decided September
20.
Revenue officials exonerated
Contempt of court charges against Robert
H. Allphin, director of the Department of
Revenue, and Philip Mitchell, manager of
the department's investigation division, were
set aside by the Supreme Court in a decision
in O'Leary v. Allphin et al., written by
Justice Underwood and handed down
October 1. The contempt charges grew out
of actions by department agents in halting
cars crossing into Illinois from Indiana to
find out how many untaxed cigarettes they
were carrying, in apparent violation of an
injunction by the Cook County circuit court.
Party committees disqualified
Political committees "do not carry the
badge of public office" and may not be
authorized to make appointments to fill
vacancies in county offices, the Supreme
Court ruled in People ex rel. Rudman v.
Rini, and People ex rel. Craig v. Hardin,
written by Justice Kluczynski and handed
down October 1. The court invalidated
legislation enacted in 1975 which provided
for the appointment to fill a vacancy in
downstate county offices to be made by the
county central committee of the party of
which the last incumbent was a member.
"The sovereign power of the State cannot be conferred upon a private person or group but must be delegated, if at all, to some public agency such as a municipal corporation, commission, local board or public officer," the court said.
At stake were positions in Will County (a county board member) and Rock Island County (recorder of deeds). The high courts action had the effect of restoring the former method of appointment — by the county board president with the consent of the board for board vacancies, by the board itself for other county office vacancies.
Tax collection fee voided
Prior to adoption of the new Constitution
in 1970, Illinois counties collected taxes for
local governments and school districts and
charged them a flat percentage fee for this
service; in some cases, township collectors
were allowed such a fee. The new Constitution outlawed such fees in Article 7, section
9(a), and the legislature cast about for an
alternative plan to enable counties to recoup
tax collection expenses. The system that was
devised, effective October 1, 1974, was to
charge back to each local unit its proportionate share of the costs of tax collection.
The Supreme Court, in an opinion handed down October 1, written by Justice Underwood, City of Joliet v. Kent Bosworth, County Treasurer, and Village of Bartonvine v. Edward T. O'Connor, County Treasurer, held the new procedure to be unconstitutional in that it was the kind of fee that was forbidden. The appropriate procedure, the opinion indicated, was for the counties to collect taxes to cover the cost of this county function and not to try to pass the costs along to other local governments. The high court's decision affirmed findings of the Will and Peoria county circuit courts holding the collection charge invalid.
Home rule decisions
The home rule provisions of the Constitution were interpreted in three cases in which
decisions were handed down October 1:
— Adoption by a municipality of an
ordinance to regulate noise pollution
emissions is not valid because, under the
Environmental Protection Act, the legislature has recognized that noise pollution
control is a matter of statewide concern. City
of Des Plaines v. Chicago and Norlh
Western Railway Company by Justice
Kluczynski.
— Adoption of a municipal admission tax
at the rate of 10 cents per person and
application of the same to racing meets is a
valid exercise of home rule taxing powers,
Town of Cicero v. Fox Valley Trotting Club.
Inc., by Justice Crebs with concurring
opinion by Justice Kluczynski, concurring in
part and dissenting in part.
— Legislative bodies of home rule municipalities (councils and boards of trustees) do
not have the power by ordinance, in the
absence of a referendum or state law, to
transfer to themselves the power to appoint
certain municipal officials, Robert C.
Pechous et al. v. Myrtle D. Slawko et al.,
Fred M. Dumke et al. v. Lester E. Anderson
et al. The cases involved the city of Berwyn
and the village of Oak Lawn.
Late budget okay
June 30 is the statutory deadline for the
Regional Transportation Authority (which
embraces a six-county area in northeastern
Illinois) to adopt its annual budget. This
year a political squabble prevented the
board from acting until July 19. The
Supreme Court, in Goodman et al. v. RTA,
handed down October 1 and following an
order issued earlier, said that the belated
budget was valid. Justice Goldenhersh
asserted that "although adoption of the
budget ordinance by June 30, 1976, was
mandatory, the General Assembly did not
intend that failure to do so for a period of 19
days would render the ordinance invalid."
The decision affirmed the earlier finding of
the Cook County circuit court.
Voting on school matters a privilege
Nobody has a constitutional right to vote
on public school matters, the court said in
deciding a case on community college
district referendum provisions, Spaulding v.
Illinois Community College Board written
by Justice Ryan, decided September 20.
The case involved legislative acts that gave a right to referendum on annexation of noncollege district territory to an existing college district but withheld it where a new district was being formed from noncollege district territory.
Conflict of interest question
A tenant in a city housing authority has an
"interest" in the property and therefore is not
eligible to serve as a housing commissioner,
the court said in Brown v. Kirk by Justice
Schaefer, decided September 20.
Bank share tax okay
The personal property tax on shares of
bank stock owned by corporations is valid,
the court held in Bancorporation v. Korzen
by Justice Underwood, decided September
20.
December 1976/ Illinois Issues / 29