This column is prepared under auspices of the IAPD office. The opinions and advice expressed herein are informational only and are not to be construed as applicable to all similar situations or circumstances. Consult your district attorney if you have a legal problem or a legal question.

A President's Powers In A Stalemate

QUESTION: Does a park board president have authority or power to act in the event of a stalemated (2 to 2) board vote where a vacancy in a five member board exists?

ANSWER: The Park District Code (Ill. Rev. Stat., Ch. 105, par. 4-9) deals in a limited way with the delineation of a board president's duties and powers. It states, in part:

"He [the park board president] shall have the right to vote upon all questions coming before the board and shall be a member thereof."

This section of the statutes, however, does not give the president extraordinary power to decide the outcome of a stalemated motion. According to "Robert's Rules of Order", which all boards should adhere to, on a tie vote, a motion requiring a majority vote for adoption is simply lost, since a tie is not a majority.

Under these circumstances, the board would need to make its best efforts to resolve its business based upon principles of fairness and compromise, realizing that the real losers in the situation of a stalemated board are the residents of the community the park district serves.

It is suggested that the board make every effort to agree on a procedure to follow in order to promptly fill the vacant position. Ill. Rev. Stat., Ch. 105, par. 2-25 provides, in part:

"Vacancies shall be filled by appointment by a majority of the remaining members of the board. Any person so appointed shall hold his office until the next regular election for this office at which a member shall be elected to fill the vacancy for the unexpired term. However, if the vacancy occurs with less than 28 months remaining in the term, or the vacancy occurs less than 88 days before the next regularly scheduled election for this office then the person appointed to fill the vacancy shall hold his office until the expiration of the term for which he has been appointed, and no election to fill the vacancy shall be held." (Emphasis supplied)

This previously permissive section amended by P.A. 81-1535 now mandates that the board take action to fill a vacancy.

Money Market Funds

QUESTION: May a park district invest public monies in money market funds authorized for bank and savings & loan organizations?

ANSWER: Investment of public monies in a money market fund by a park district would be improper under existing legislation. However, this is an advisory opinion. Park district officials should consult with their district attorney for further advice.

The relevant portions of Chapter 85, Sec. 902, are as follows:

Any public agency may invest any public funds (I) in bonds, notes, certificates of indebtedness, treasury bills or other securities now or hereafter issued, which are guaranteed by the full faith and credit of the United States of America as to principle and interest, or(2) in interest bearing savings accounts, interest bearing certificates of deposit or interest bearing time deposits constituting direct obligations of any bank as defined by the Illinois Banking Act, . . . Investments may be made only in those interest-bearing savings accounts, interest-bearing certificates of deposit or interest-bearing time deposits in banks which are insured by the Federal Deposit Insurance Corporation. Any public agency may invest any public funds in ... shares or other forms of securities legally issuable by savings and loan associations incorporated under the laws of this state, or any other state, or under the laws of the United States. Investments may be made only in those savings and loan associations, the shares or investment certificates of which are insured by the Federal Savings and Loan Insurance Corporation. Any such securities may be purchased at the offering or market price thereof at the time of such purchase. All such securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of such governing authority, the public funds so invested will be required for expenditure by such public agency or its governing authority . . .

Money market investments are not "bonds, notes, certificates of indebtedness, treasury bills or other securities now or hereafter issued, which are guaranteed by the full faith and credit of the United States of America as to principle and interest". Moreover, such investments are not "interest-bearing savings accounts, interest-bearing certificates of deposit or interest-bearing time deposits in banks" nor are they securities, which may mature or be redeemable on a date or dates certain.

It can thus be opined that money market fund investment by local governments are not permitted by existing legislation. However, a bill is pending before the legislature at present which could change the current situation.

Park Districts And Bingo

QUESTION: Is it legal to permit gambling on park district property? Please cite provisions of the Illinois Revised Statutes that govern in this situation.

ANSWER: The Criminal Code of 1961 (Ill. Rev. Stat., 1981, Ch. 38, par. 28-1) sets forth activities which are acts of gambling and are thus illegal in Illinois, such as wagers on games or contests; sale or lease of gambling devices; pools on games, etc.; lottery; policy games; and transmission of information as to wagers, betting odds, etc. Penalties for such activities are punishable by a $ 1,000 fine and/ or imprisonment for less than one year.

Ill. Rev. Stat., 1981, Ch. 38, par. 28-3, defines a gambling place as "any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling."

Among permitted activities in Illinois under Section 28-1 are: offers or prizes to contestants in any bonafide contest for the determination of skill, speed, strength or endurance or to

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the owners of animals or vehicles entered in such contests; pari-mutuel betting; bingo, and lotteries conducted by the Sate of Illinois under the Illinois Lottery Law.

The questions park districts most frequently raise in this area pertain to either conducting or hosting bingo games.

Ill. Rev. Stat., 1981, Ch. 120, par. 1101 et seq., provides that the Department of Revenue "shall upon application and payment of an annual fee of $200 issue a license for the conducting of bingo to any bonafide religious, charitable, labor, fraternal, youth, athletic, senior citizen, educational or veterans organization which operates without profit to its members and has been in existence continuously for a period of five years immediately before making application for a license." The Act, therefore, excludes park districts from the group of qualified organizations permitted to conduct bingo games.

The Bingo Act (Ill. Rev. Stat., 1981, Ch. 120, par. 1101 et seq.), however, does permit park districts to host organizations conducting bingo games. Park districts are required to be licensed as a "provider of premises" in such situations. The license fee is $200. Districts which provide premises may receive reasonable expenses for doing so. To obtain a premises license, contact the Department of Revenue, P.O. Box 4005, Springfield, Illinois 62701 (phone: 217/785-5864).

Illinois Parks and Recreation    46    May/June 1983