Zukowski Law Offices

1. No interest, directly or indirectly, in contract

2. Limited exceptions

1. No interest, directly or indirectly, in contract called to act/vote upon

2. Limited exceptions

1. Hollister v. North
Mere existence of marital relationship does not create a conflict of interest where spouse is employed by District

2. People v. Simkins
Spouse as employee of city in which husband was mayor is not conflict in instant case.

3. Illinois Attorney General
Opinion 97-005 (5-6-97)
Interest in a contract which is certain, definable, pecuniary, or proprietary disqualifies the elected official.

1. People v. Haas, 145. Ill.App. 283 (1908).  In this case the court fund that the offices of State Senator and Clerk of the Municipal Court of Cook County were incompatible.  The court relied on an Illinois Constitutional Provision which provided that no judge or clerk of an court shall have a seat on the General Assembly.

2. Illinois Attorney General Opinion NP-549 (1973). The Illinois Attorney General found that it was compatible for the same person to be a County Board member and member of the Joliet Junior College Board of Trustees.  The Attorney General stated that they found no provision in the Illinois Constitution or any statute which would prohibit a country board member from serving as a junior college board member.  They also found nothing in the duties of these offices from which a conflict of interest could arise or which would prevent the proper performance of the duties of each office.

3. Illinois Attorney General Opinion NP-560 (1973).  The Illinois Attorney General found that the office of County Board member and member of a community unit district school board were incompatible.  The Attorney General relied upon the Local Government Distribution Fund Act.  Since the fund allows for financial assistance to school districts located within the county, a County Board member could b in a position to vote funds for the benefit of his particular school district.

4. Illinois Attorney General Opinion S-590 (1973).  The Attorney General found that membership on a school board was incompatible with the membership on the county board or, the office of Township Trustee or Township Tax Assessor.  It relied on the same provision of the statute as the prior opinion.

5. People v. Dukes, 108 Ill.App.3d 965 (1982).  In this Opinion, the Third District Appellate Court found that compatibility existed between membership on a school board and a Village Board of Trustees.  The court found that the potential problems of revenue sharing and intergovernmental cooperation had not occurred and were pure speculation.  This Opinion was later vacated by the Illinois Supreme Court (People v. Dukes, 96 Ill.2d 273 (1983)).  The cause was dismissed because the case had become moot since Mr. Dukes had resigned from the school board.  The Supreme Court of Illinois stated that the Appellate Court's ruling should not be cited as precedent for future cases.

6. People v. Bingle 112 Ill.App.3d 73 (1983).  In this Opinion, the Third District Appellate Court again found two offices to be compatible, that of Township Assessor and County Board Member.  The court found no significant subordination of offices.  The court found that there are twenty-seven county board members and that any one person's influence on the salary of the Supervisor would be minimal.  The court noted that the potential for conflicts is always present to some degree.

7. Rogers v. Tinley Park, 116 Ill.App.3d 437 (1983).  In this case the First District Appellate Court found that a police officer position was incompatible with that of Village Trustee.  The court stated that one of the most important tasks in determining whether offices are incompatible depends upon whether or not one office is subordinate to the other in its important and principal duties.  Without question, the position of police officer is incompatible with the position of municipal council, which has authority regarding salary and promotion over the police department.

8. People v. Swailes. 101 Ill.App.2d 458 (1984).  In this case the Illinois Supreme Court found that the offices of Township Assessor and County Board Member were incompatible since the county board selects the Supervisor of Assessment.

9. Attorney General Opinion 85-019 (1985).  The Illinois Attorney General found that the office of school board member and city council member to be incompatible.

10. People v. Verbeck, 155 Ill.App.3d 81 (1987).  The Third District Appellate Court found that the offices of deputy county coroner and county board member were incompatible.  As a county board member he would have authority to act upon salary and budget of the county coroner, who in turn would determine the salary of the deputy coroner.

The Third District Appellate Court has attempted to find offices compatible on several occasions only to have its decision vacated by the Illinois Supreme Court.  It is clear that the Illinois Attorney General finds positions such as School Board member and member of a County Board, Village/Town Board, and/or Township Board incompatible.  However, their opinions are not binding authority upon a court of law.