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1993 PARK DISTRICT
Prepared by Peter M. Murphy, General Counsel
The following Park District Calendar is based on a fiscal year which begins on May 1 and ends on April 30. For those park districts that have adopted another date or the commencement of the fiscal year (Ill. Rev. Stat., Chap. 105, Par. 4-4) this calendar must be adjusted for those duties that must be performed at times related to the fiscal year. The calendar is also established around regular park board meetings held on the third Thursday of every month. DECEMBER-1992 December 1-3 Illinois General Assembly—Veto Session. JANUARY - 1993 Annual Requirements At the beginning of the calendar (or fiscal) year; 1. Post the date, time and place of park district regular meetings for the year. Mail copies to the news media. (Chap. 102, Par. 42.02 et. seq.) (All chapter references are to the Illinois Revised Statutes.) 2. Review with the park district treasurer the requirement that all funds of the district not immediately needed for disbursement must be invested within two working days at prevailing rates or better. (Chap. 102, Par. 34) 3. Review the requirement that every person, other than the treasurer, receiving money for the district must keep a triplicate record of the money, and deliver the money to the treasurer not later than the middle of the month following the month of receipt. (Chap. 102, Par. 20) January 7 Attend the IAPD/IPRA Park and Recreation Conference at the Hyatt Regency Chicago. January 13 Newly elected members of the General Assembly shall convene and organize their respective chambers. (Ill. Const., Art. IV., Sees. 5, 6(b)) January 21 is the regular January board meeting date. January 29 is the last day for filing the annual Certificate of Status of Real Estate to continue the exemption of park property from real estate taxes for the taxable year 1993. (Chap. 120, Par. 500) FEBRUARY -1993 February 1 is the first day to file nominating petitions for park commissioner. Economic Disclosure Statements-Certified List—The Governmental Ethics Act requires the secretary of the park district to certify to the Secretary of State a list of names and residence addresses of those persons required to file statements of economic interest. The list must be certified not less than 60 days before the May 1 due date for filing the statements, and a copy should be filed with the county clerk. This requirement is found in Chap. 127, Par. 604A-106, which provides in pertinent part as follows: "Not less than 60 days before the due date for filing such statements, annually, (1). . .(2) the clerk or secretary of each school district, unit of local government, special district or other governmental entity described in items (g), (h) and (i) of Section 4A-101 shall certify to the Secretary of State a list of names and residents' addresses of such persons described in these items (g), (h) and (i) as are required to file because of their relationship to the entity represented by the clerk or secretary. In preparing such lists, each such clerk or secretary shall set out the names in alphabetical order, by County or residence, and shall file a copy of such list with the appropriate county clerk." Persons required to file Economic Disclosure Statements are: ...Persons who are elected to an office in a unit of local government, and ...Persons who are employed by any unit of local government, and are compensated for services as employees, and not as independent contractors at the rate of $35,000 per year or more, and other persons so employed who are compensated at a rate of less than $35,000 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 in such an amount that their total income for public employment, including such fees, is $35,000 per year or more. (Chap. 127, Par. 604A-106) February 8 is the last day to file nominating petitions for park commissioner. February 18 is the regular February board meeting date. MARCH - 1993 A good month to check zoning changes and annexations by cities or villages within the district boundaries. (Cities and villages must publish a new zoning map by March 31 of each year, if there have been any changes in the boundaries of zoning districts, and furnish a copy of the map upon request.) (Chap. 24, Par. 11-13-19) March 18 is the regular March board meeting date. APRIL - 1993 April 8 is the suggested date to prepare the budget and appropriation ordi-
1993 Park District Legal Calendar
nance in tentative form and place on file for public inspection at least 30 days prior to final action. (All park districts are required to adopt a combined budget and appropriation ordinance within or before the first quarter of each fiscal year.) (Chap. 105, Par. 4-4) April 15 is the regular April board meeting date. April 20 Consolidated Election during which the election of park commissioners takes place. April 28 Attend the IAPD Legislative Conference. MAY - 1993 May 1 is the last date for filing Statements of Economic Interest for persons who have not previously filed during the calendar year. (Applies to elected officials and salaried employees compensated at $35,000 or more per year.) (Public Act 83-1331) May 1 is the date to send notice to the Illinois Department of Labor requesting determination of current prevailing rate of wages for the districts area. (Chap. 48, Par. 39s-4) May 1 (beginning of new fiscal year) is the date to post the dates, times and places of park district regular meetings for the fiscal year. Mail copies to news media (in the alternative this can be done at the beginning of the calendar year). (Chap. 102, Par. 42.02, et. seq.) May 1 is the date to start the annual audit. Every governmental unit is required to make an annual audit to cover the immediately preceding fiscal year. The audit must "be completed and the audit report filed with the Comptroller within six months after the close of the fiscal year." All governmental units are also required to file a copy of the completed report with the county clerk. (Chap. 85, Pars. 702 and 703) NOTE: Any governmental unit appropriating less than $200,000 is required to file a financial report with the Comptroller in lieu of an audit. Any governmental unit appropriating $200,000 or more shall, in addition to complying with the audit requirements, file a financial report on forms required by the Comptroller. (Chap. 85, Par. 703) May 5 is the suggested date to publish notice of public hearing on the budget and appropriation ordinance (at least seven days prior to hearing). (Chap. 105, Par.4-4) May 20 is the regular May board meeting date. This is the suggested date to hold the public hearing on the budget and appropriation ordinance and the date for enacting the ordinance at the board meeting following the hearing. (Chap. 105, Par.4-4) NOTE 1: The budget and appropriation ordinance must be made available in tentative form for public inspection at least 30 days prior to final action thereon. NOTE 2: All taxing districts are now required to file a certified copy of their budget and appropriation ordinances with the county clerk within 30 days of adoption, as well as an estimate, certified by the district's chief fiscal officer, of revenues, by source, anticipated to be received by the taxing district in the following fiscal year. Failure of a district to file the required document will authorize the county clerk to refuse to extend the tax levy imposed by the governing authority until such documents are filed. (Chap. 120, Par. 643—Public Act 83-881) JUNE - 1993 June 17 is the regular June board meeting date. June 17 is the first day notice of intention to file a petition to create a political subdivision, whose officers are to be elected rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (Chap. 46, Sec. 28-2) NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination petitions 78 to 71 days before such election. (Chap. 46, Par. 10-6) June 19 is the last day for filing a copy of the district's budget and appropriation ordinance with the county clerk, as well as a certified estimate of revenue by source anticipated to be received in the following fiscal year (assuming a passage adoption date of May 20). June 30 is the last day to: (a) determine prevailing rate of wages, (b) post the rate schedule for inspection, and (c) file certified copy of determination with Secretary of State. (Chap. 48, Par. 39s-9) NOTE: Pursuant to Par. 39s-4 of Chap. 48, a park district may request the Department of Labor to ascertain the prevailing rate of wages. JULY - 1993 July 15 is the regular July board meeting date. July 17 is the last day notice of intention to file a petition to create a political subdivision, whose officers are to be elected rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (Chap. 46, Par. 28-2) July 19 is the last day to file petition (must contain original sheets signed by voters and circulators) to create a political subdivision with the appropriate officer or board. (Chap. 46, Sec. 28-2) NOTE: Objections can be filed on or before the date of the hearing with the appropriate circuit court clerk. (Chap. 46, Sec. 28-4) NOTE: If initial officers are to be elected at the election for creation of a new unit of government, candidates for
1993 Park District Legal Calendar
such offices shall file nomination papers 78 to 71 days before such election. NOTE: The circuit court clerk shall publish the hearing date for a public policy petition filed in his/her office not later than 14 days after the petition is actually filed, but at least five days before actual hearing. (Final order within seven days of hearing.) July 22 Attend the Legislative Golf Outing. (Bensenville Park District, White Pines Golf Course) July 26 is the last day to file objections to petitions to create a political subdivision in the office of the election authority. (Chap. 46, Sec. 28-4) July 30 is the last date to publish determination of prevailing rate of wages (if determination was made by the district and not the Department of Labor), and mail copies of rates to requesting parties. (Publication must be within 30 days of date of filing with Secretary of State.) (Chap. 48, Par. 39s-9) AUGUST - 1993 August 1 is the date nominations for the Board of Trustees of the Illinois Municipal Retirement Fund Board are to be made. (Between August 1 and September 15.) (Chap. 108 1/2, Par. 7-175) August 14 Attend Local Officials Day at the Illinois State Fair, Springfield. August 16 is the last day for filing petitions (must contain original sheets signed by voters and circulators) for referenda for the submission of questions of public policy (local). (EXCEPTION: Proposition to create a political subdivision.) (Chap. 46, Sees. 28-2, 28-6, 28-7) August 19 is the regular August board meeting date. August 23 is the last day to file objections to petitions for the submission of questions of public policy. (EXCEPTION: Proposition to create a political subdivision.) (Chap. 46, Sees. 10-8,28-4) August 30 is the last day for local governing boards to adopt a resolution or ordinance to allow a question of public policy to appear on the ballot. (Chap. 46, Sec. 28-2) SEPTEMBER - 1993 September 2 is the last day for the circuit court clerk and the local election official to certify any question of public policy to the election authority having jurisdiction over the political subdivision. (Chap. 46, Par. 28-5) September 16 is the regular September board meeting date. September 30 is the last day to file State and local Government Information (EEO-4) EEOC Form 164 with Equal Employment Opportunity Commission. (Report documents sex, race and salary rate for employees.) OCTOBER-1993 October 1 is the suggested date to review documents to determine which records can be destroyed—permission of Local Records Commission required. (Chap. 116, Par. 43.101 et. seq.) October 10 is the last day for election authority to supply absentee ballot materials to local election officials who conduct in-person absentee voting. (Chap. 46, Sees. 19-2-1) October 12 is the first day for local election officials to conduct in-person absentee voting. (Chap. 46, Sees. 19-2-1) October 21 is the regular October board meeting date. Review nonreferendum bonding needs preparatory to selling bonds before close of calendar year. (Chap. 105, Par. 6-4) October 21-25 Attend the NRPA Congress (San Jose, California). October 21 is the suggested date for the board to estimate the funds to be raised by the tax levy ordinance, and to determine whether the funds to be raised exceed, by more than 105 percent, the amount extended or estimated to be extended upon the levy of the preceding year. (This determination must be made at least 20 days prior to enactment of the levy ordinance.) (Chap. 120, Pars. 864 and 866) NOTE 1: Public Act 86-957 passed by the General Assembly in 1989 makes a number of changes to the Truth in Taxation Act including a change in the content of the notice provisions. NOTE 2: New legislation requires that all local governments file either certificate of compliance or a certificate indicating the inapplicability of the Truth in Taxation Act with the county clerk. NOTE 3: It is recommended that the park district attorney review all determinations and proceedings relating to this reference, which is the Truth in Taxation Act. (Chap. 120, Par. 861 et. seq.) October 23 is the last day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction. (Chap. 46, Par. 12-5) October 31 is the last day to publish annual statement of receipts and disbursements, and file a copy with the county clerk for districts on a May 1-April 30 fiscal year. (Must be accomplished within six months of close of fiscal year.) (Chap. 102, Par. 5) October 31 is the last day to file annual audit report with the Comptroller of the State of Illinois and county clerk (within six months of close of fiscal year). (Chap. 85, Pars. 702 and 706) NOVEMBER-1993 November 2 Nonpartisan Election. November 10 is the suggested date to publish notice of hearing (Truth in Taxation Act) if the district's proposed
1993 Park District Legal Calendar
levy is greater than 105 percent of last year's extension or estimated extension—must publish not more than 14 days, nor less than 7 days prior to the date of the public hearing. November 10 publication date assumes a hearing date of November 17-24, 1993-be sure to check special publication requirements found in statute. (Chap. 120, Par. 841 et. seq.) NOTE: Notice of public hearing must now include the commonly known name of the taxing district. Further, any notice which includes information in excess of that specified and required by the Act shall be considered an invalid notice. November 18 is the regular November board meeting date and the suggested date to hold a hearing pursuant to the Truth in Taxation Act. (Chap. 120, Par. 64 et. seq.) November 18 is the suggested date to enact tax levy ordinance at the regular meeting following the Truth in Taxation hearing. (Chap. 120, Par. 5-1) November 19 Attend the IAPD Legal Symposium at McDonald's Corporate Center, Oak Brook. DECEMBER - 1993 December 1 is the suggested date to verify that, for real estate acquired in 1992, appropriate petitions have been filed to exempt from real estate taxes. (Chap. 120, Par. 500) December 3 (if levy ordinance was enacted on Nov. 18, 1993) is the last day to publish notice if levy amounts as enacted exceed prior published figures, or if levy exceeds 105 percent of last year's extension and there was not prior publication. (Notice must be given within 15 days of the date the levy ordinance was enacted.) (Chap. 120, Par. 867) December 7 is the suggested date to confirm that a certified copy of the levy ordinance was properly filed with the county clerk. Chapter 105, Par. 5-1, requires that a certified copy of the levy ordinance be filed with the county clerk not later than the last Tuesday in December each year. December 16 is the regular December board meeting date and suggested date to enact bond ordinance for nonreferendum bonds to be issued prior to the end of calendar year. (Chap. 105, Par. 6-4) December 28 is the last day to (a) file certified copy of tax levy ordinance with county clerk (Chap. 105, Par. 5-1 ), and (b) file board president's Certificate of Compliance with county clerk. (Chap. 120, Par. 868) (See Public Act 87-17) NOTE: State statute requires that all local governments file either certificate of compliance or a certificate indicating the inapplicability of the Truth in Taxation Act with the County Clerk. December 30 is the suggested date to prepare and file with the supervisor of Assessments the Annual Certification status of Exempt Property for 1994. (Last day for filing is January 31, 1994.) (Chap. 120, Par. 500) December 31 is the last day to file bond ordinance with county clerk in order to receive extensions of taxes for bond repayment in 1994. JANUARY - 1994 January 13-16 Attend the IAPD/ IPRA Park and Recreation Conference at the Hyatt Regency O'Hare. PERFORMANCE REQUIRED ANNUALLY 1. The American Flag must be displayed and flown each day of the week from each City Hall or Village Hall and Village Square and at the principal entrance to all public parks. (Chapter 1, paragraph 3305) 2. Those park districts that have elected to place their employees under social security must send in contributions at such times as may be designated by the State Social Security Agency. (Chapter 108-1/2 paragraphs 7-132 and 7-172) 3. Contributions to the Illinois Municipal Retirement Fund must be deducted each pay period from covered employee's pay and remitted to the Retirement Board along with the contribution to the municipality. This requirement is mandatory for municipalities over 5,000 population where Social Security is not provided, and elective for others. (Chapter 108-1/2, paragraphs 7-132 and 7-172) PERFORMANCE REQUIRED EVERY SIX MONTHS Unpublished written minutes of all closed meetings are to be reviewed not less than semi-annually. Minutes are to be reviewed to determine if (a) the need for confidentiality with respect to unpublished minutes still exists, or (b) the minutes or portions thereof no longer require confidential treatment and are available for public inspection. The results of the review are to be reported in the open session of the Board of Commissioners. (Chapter 102, paragraph 42.06)
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