Legal Calendar 2001
Prepared by Peter M. Murphy, IAPD General Counsel
The following park district calendar is based on a fiscal year that begins on May 1 and ends on April 30. For those park districts that have adopted another date far
the commencement of the fiscal year (70 ILCS 1205/4-4), 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 each month.
ANNUAL REQUIREMENTS
AT THE BEGINNING
OF THE CALENDAR
(OR FISCAL) YEAR:
• Post the date, time and place of
park district regular meetings for
the year. Mail copies to the news
media. (30 ILCS 120/2.02) (All
references are to the Illinois Compiled Statutes.)
• 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. (30 ILCS 225/1)
• 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. (30
ILCS 20/1)
• 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. (5 ILCS 465/36)
• 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 from
the municipality. This requirement
is mandatory for municipalities
over 5,000 population where Social Security is not provided, and
elective for others. (40
ILCS 5/7-132 and 7-172)
• Review the requirements that all
newly hired employees must be
reported to the Illinois Department
of Security within 20 days of the
employee's first day on the payroll.
• 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. (40 ILCS 5/7- 132 and 7-172)
EVERY SIX MONTHS
Unpublished written minutes of all
closed meetings are to be reviewed
not less than semiannually. Minutes
are to be reviewed to determine if
(a) the need for confidentiality still
exists as to all or part of those minutes, or (b) if 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.
(5 ILCS 120/2.06)
DECEMBER 18
Last day to file petition (must
contain original sheets signed by
voters and circulators) to create a
political subdivision with the
appropriate circuit court clerk. (10
ILCS 5/28-2)
JANUARY 10-14
Attend the IAPD/IPRA Annual
Conference in Peoria
January 15
First day for filing in office of the
local election official or Board of
Election Commissioners original
nominating petitions (must contain
original sheets signed by voters
and circulators) for park districts
and forest preserves. (10 ILCS 5/
10-6(2);10-6(6))
NOTE: Seven (7) days written notice of the
time and place for conducting lottery for
simultaneous filings shall be given by the local
election official or Board of Election
commissioners to the county chairman of the
established parties and to each organization
of citizens within the election jurisdiction
entitled to have pollwatchers present at the last
consolidated election. We recommend
notifying all candidates involved in the lottery.
(10 ILCS 5/10-6.2)
JANUARY 16
Last day for filing petitions (must
contain original sheets signed by
voters and circulator) for referenda
for the submission of questions of
public policy (local). (Exception:
proposition to create a political
subdivision.) (10 ILCS 5/28-2,
28-6,28-7)
JANUARY 18
Regular January board meeting.
January 23
Last day to file objections to
petitions for referenda for the
submission of questions of public
policy. (Exception: proposition to
create a political subdivision.) (10
ILCS 5/10-8, 28-4)
January 23
Last day for filing in the office of
the local election official or Board
of Election Commissioners original
nomination petitions for
nonpartisan candidates in library
districts, park districts, school
boards, community college
boards, fire protection districts and
forest preserve districts. (10 ILCS
5/10-6(2), 10-6(6))
JANUARY 29
Last day for local governing
boards to adopt a resolution or ordinance to allow questions of public policy as authorized by law to
appear on the ballot. (10 ILCS 5/28-2)
JANUARY 31
Last day for filing the annual Certificate of Status of Real Estate to
continue the exemption of park
18 / Illinois Parks and Recreation
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
property from real estate taxes for
the taxable year 2001.
FEBRUARY 1
On or before February 1 annually,
the chief administrative officer or
his or her designee for a unit of
local government with persons
described in items (h), (i) and (k)
of Section 4A-101 shall certify to
the appropriate county clerk a list
of names and addresses of those
persons described in items (h), (i)
and (k) of Section 4A-101 that are
required to file statements of
economic interest pursuant to the
Governmental Ethics Act. In
preparing the lists, each chief
administrative officer or his or her
designee shall set out the names in
alphabetical order by county of
residence, and if any person
resides in another county or
outside of Illinois, shall submit a
list of persons required to file to the
county clerk of the county in which
the principle office of the unit of
government with which the person
is associated is located.
FEBRUARY 1
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. (10 ILCS 5/28-5)
FEBRUARY 1
Last day candidate may file
withdrawal of candidacy in the
office of the local election official or
election authority. (Excluding
aldermanic candidates, City of
Chicago.) (10 ILCS 5/10-7, 65
ILCS 20/21-29)
FEBRUARY 1
Last day for local election official to
certify offices and the names of
candidates to appear on the
Consolidated Election ballot to the
election authority. (10 ILCS 5/10-15)
FEBRUARY 15
Regular February board meeting.
FEBRUARY 22
Last day for civic organizations
and proposition proponents or
opponents to register their names
and addresses and those of their
principle officers with the proper
election authority to qualify poll
watchers at the consolidated
election (10 ILCS 5/7-34)
FEBRUARY 21-24
Attend NRPA Mid Year Meeting in
Washington, D.C.
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.) (65 ILCS 5/11-13-19)
MARCH 4
First day for election authority to
publish notice of consolidated
elections and notice of any
question of referendum to be voted
upon within its jurisdiction. (10
ILCS 5/12-5)
MARCH 12
First day for local election official
(qualified municipal, township,
and road district clerks) to conduct
in-person absentee voting. (10
ILCS 5/19-2.1)
MARCH 15
Regular March board meeting.
MARCH 24
Last day for the election authority
to publish a notice consolidated
election and notice of any question
of referendum to be voted upon
within its jurisdiction. (10 ILCS 5/12-5)
MARCH 27
Last day (by 5:00 p.m.) a person
may file a notarized declaration of
intent to be a write-in candidate
with the proper election authority.
(10 ILCS 5/17-16.1, 18-9.1)
ECONOMIC INTEREST
STATEMENTS
TUESDAY, APRIL 1
On or before April 1 annually, the
county clerk of each county shall
notify all persons whose names
have been certified to him, other
than candidates for office who
have filed their statements with
their nominating petitions, of the
requirements for filing statements
of economic interests.
Public Act 88-605 requires the
following persons to file verified
written statements of economic
interests:
(g) Persons who are elected to
office in a unit of local government,
and candidates for nomination or
election to that office.
(h) Persons appointed to the
governing board of a unit of local
government and persons
appointed to a board or
commission of a unit of local
government who have the authority
to authorize the expenditure of
public funds. This subsection does
not apply to members of boards or
commissions who function in an
advisory capacity.
(i) Persons who are employed
by a unit of local government and
are compensated for services as
employees and not as
independent contractors and who:
1. are, or function as, the head of
a department, division, bureau,
authority or other administrative
unit within the unit of local
government, or who exercise
similar authority within the unit of
local government;
2. have direct supervisory
authority over, or direct
responsibility for the formulation,
negotiation, issuance or execution
of contracts entered into by the unit
of local government in the amount
of $1,000 or greater;
3. have authority to approve
licenses and permits by the unit of
local government (this item does
not include employees who
function in a ministerial capacity);
4. adjudicate, arbitrate or
decide any judicial or
administrative proceeding, or
review the adjudication,
arbitration or decision of any
judicial or administrative
proceeding within the authority of
the unit of local government;
5. have authority to issue or
promulgate rules and regulations
within areas under the authority of
the unit of local government; or
6. have supervisory
responsibility for 20 or more
employees of the unit of local
government.
Failure to file a statement of
economic interests within the time
prescribed shall not result in a fine
or ineligibility for, or forfeiture of,
office or position of employment,
provided that the failure to file
results from not being included for
notification by the appropriate
agency, clerk, secretary, officer or
unit of government, and that a
statement is filed within 30 days of
actual notice of the failure to file.
All statements of economic
interests filed under this shall be
available for examination and
copying by the public at all
reasonable times.
Any person required to file a
statement of economic interests
under this Article who willfully files
a false or incomplete statement
shall be guilty of a Class A
misdemeanor. Failure to file a
statement within the time
prescribed shall result in
ineligibility for, or forfeiture of,
office or position of employment,
as the case may be; provided,
however, that if the notice of failure
to file a statement of economic
interests provided is not given by
the county clerk, no forfeiture shall
result if a statement is filed within
30 days of actual notice of the
failure to file.
Tuesday, April 3, 2001
CONSOLIDATED
ELECTION
January/February 2001 / 19
STATEHOUSE INSIDER
APRIL 5
Last day for election authorities to
transmit election results to local
election officials (2 days after
election authority receives
complete returns). (10 ILCS 5/17-22, 18-14)
APRIL 6
The suggested date to prepare the
budget and appropriation
ordinance 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.) (70
ILCS 1205/4-4)
APRIL 6
Last day for local election official
to transmit election results to
canvassing board (24 hours after
local election official receives
results). (10 ILCS 5/17-22, 18-14)
APRIL 10
Last day for canvassing of election
results by the proper canvassing
board and the proclamation of
winners. (10 ILCS 5/7-56, 22-1)
APRIL 19
Regular April board meeting.
MAY 1-2
Attend the IAPD Legislative
Conference & Reception in
Springfield
MAY 1
The last date for filing Statements
of Economic Interest for persons
who have not previously filed
during the calendar year. (Public
Act 88-605)
MAY 1
The date to send notice to the
Illinois Department of Labor
requesting determination of current
prevailing rate of wages for the
district's area. (820 ILCS 130/4)
MAY 1
(beginning of new fiscal year)
The date to post the dates, times
and places of park district regular
meetings for the fiscal year. Mail
copies to news media. (As an
alternative, this can be done at the
beginning of the calendar year.)
(5 ILCS 120/1.02)
MAY 1
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. (50 ILCS 310/2
and 310/3)
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.
(50 ILCS 310/3)
MAY 1
The date to begin preparation of
the Statement of Receipts and
Disbursements (30 ILCS 15/1)
MAY 3
The suggested date to publish
notice of public hearing on the
budget and appropriation
ordinance (must be done at least
one week prior to hearing). (70
ILCS 1205/4-4)
MAY 17
The regular May board meeting.
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. (70 ILCS 1205/4-4)
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 also
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, (35 ILCS 200/18-50)
JUNE 15
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
17).
JUNE 21
Regular June board meeting.
JUNE 23
Commissioners Seminar "June
Drive In"
JUNE 30
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. (820 ILCS 130/9)
NOTE: Pursuant to 820 ILCS 130/4,
a park district may request the
Department of Labor to ascertain the
prevailing rate of wages.
JULY 13
Attend the Legislative Golf Outing
(Bensenville Park District, White
Pines Golf Course)
JULY 19
Regular July board meeting.
JULY 30
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.) (820 ILCS
130/9)
JULY 31
The last day to file for persons or
entities required to report under
the Lobbyist Registration Act.
AUGUST 1
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.) (40 ILCS 5/7-175)
AUGUST 16
Regular August board meeting.
AUGUST 18
Park District Conservation Day.
AUGUST 25
Fall Commissioner Seminar
A good month to review and
update park district policies and
ordinances.
20 / Illinois Parks and Recreation
ISSUES & INSIGHTS FROM THE LEGAL/LEGISLATIVE SCENE
SEPTEMBER 20
Regular September board
meeting.
OCTOBER 1
The suggested date to review
documents to determine which
records can be destroyed
permission of Local Records
Commission required. See P.A. 90-701 for authorization to digitize
records. (50 ILCS 205/1)
OCTOBER 3-6
Attend the NRPA Congress in
Denver, Colorado
OCTOBER 18
Regular October board meeting.
Review non-referendum bonding
needs preparatory to selling
bonds before close of calendar
year. (70 ILCS 1205/6-4)
OCTOBER 18
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.) (35 ILCS
200/18-60 and 80)
NOTE 1: Public Act 86-957 passed
by the General Assembly in 1 989 and
P.A. 88-455 make a number of
changes to the Truth in Taxation Act
including a change in the content of
the notice provisions.
NOTE 2: Legislation also 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. (35 ILCS 200/
18-55 et. seq.)
OCTOBER 31
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.)
(30 ILCS 15/1)
OCTOBER 31
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). (50 ILCS 310/2 and 6)
NOVEMBER 6
The suggested date to publish
notice of hearing (Truth in Taxation
Act) if the district's proposed 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 6 publication
date assumes a hearing date of
November 13-20, 2001 be sure to
check special publication
requirements found in statute. (35
ILCS 200/18-)
NOTE: See special requirements and
a different date for Cook County Park
Districts.
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 8
Attend the IAPD Legal Symposium
at McDonald's Corporate Center,
Oak Brook
NOVEMBER 15
Regular November board meeting
and the suggested date to hold a
hearing pursuant to the Truth in
Taxation Act. (35 ILCS 200/18-55
et. seq.)
NOVEMBER 15
The suggested date to enact tax
levy ordinance at the regular
meeting following the Truth in
Taxation hearing (if required).
NOVEMBER 30
(If levy ordinance was enacted on
Nov. 15, 2001) 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.) (35 ILCS
200/18-85)
DECEMBER 1
The suggested date to verify that,
for real estate acquired in 2001,
appropriate petitions have been
filed to exempt from real estate
taxes. (35 ILCS 200/15-105)
DECEMBER 3
The suggested date to confirm that
a certified copy of the levy
ordinance was properly filed with
the county clerk. (70 ILCS 1205/
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.
DECEMBER 3
For Cook County Park Districts the
first Monday in December is the
required public hearing date for
the mandatory Truth in Taxation
compliance. Publication of the
hearing notice must appear not
more than 14 days nor less than 7
days before this date (Nov. 19-26), See Public Act 91-523 for
specific requirements.
DECEMBER 20
The regular December board
meeting date and suggested date
to enact bond ordinance for non-referendum bonds to be issued
prior to the end of calendar year.
(70 ILCS 1205/6-4)
DECEMBER 28
The last day to (a) file certified
copy of tax levy ordinance with
county clerk (70 ILCS 1205/5-1),
and (b) file board president's
Certificate of Compliance with
county clerk. (35 ILCS 200/18-15) (See Public Act 88-455)
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 31
The suggested date to prepare
and file with the supervisor of
Assessments the Annual
Certification status of Exempt
Property for 2002. (Last day for
filing is January 31, 2002.) (35
ILCS 200/15-105)
DECEMBER 31
The suggested day to file bond
ordinance with county clerk in
order to receive extensions of taxes
for bond repayment in 2001. The
filing must actually take place
prior to March 1, 2001 (2000 Tax
Levy Collected in 2001)
NOTE: This filing has no relationship
to the General Tax Levy filed by park
districts.
JANUARY 23-26
Attend the IAPD/IPRA Annual
Conference at the Hyatt Regency
Chicago
January/February 2001 / 21