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East Central Reporter

Tuesday, December 24, 2024

Oak Brook Park District scrutinized for unauthorized compensation to commissioners

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Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

Kirk Allen | co-founder of the Edgar County Watchdogs | Gary Fritz youtube upload

The Oak Brook Park District in Illinois has been under scrutiny for allegedly providing public property and resources to its commissioners and their families. This practice, although not as extensive as that of the Naperville Park District, calls for immediate attention and a proposal to revoke the entire 2010 Ordinance.

Section 4.1 of the Park District Code explicitly states that "…the members of such governing boards shall act as such without compensation…" The term 'compensation' can encompass various forms, including free access to park property and programs.

The root of this unauthorized compensation is traced back to a 2010 Park District Ordinance. While it is understood that a commissioner may need to obtain feedback from residents and facility users, they could be reimbursed for any program or event attended for evaluation or feedback purposes. However, a blanket free pass for them, their family, and eight guests seems excessive.

Various statutes and case law define 'compensation'. The Illinois Governmental Ethics Act describes it as any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered. Similarly, the Illinois Code of Civil Procedure mentions this in Section 20-101 when providing for the recovery of fraudulently obtained public funds.

The Illinois Supreme Court in Harlan v Sweet has also weighed in on defining compensation - "We also note that the terms “salary” and “compensation” are virtually synonymous (Cummings v. Smith (1937), 368 Ill. 94, 99, 13 N.E.2d 69) and are used interchangeably in these provisions of the constitution."

Black’s Law Dictionary defines 'Compensation' as remuneration or wages given to an employee or officer but clarifies that it is not exactly synonymous with 'salary.' It further explains 'Remuneration' as reward; recompense; salary.

It is high time for this park district to eliminate all these so-called “benefits” for commissioners, their guests, and family members and comply with the language of the Park District Code.

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