Certain Rock Island County Board members and the Public Building Commission are playing a dangerous game.
Their actions could well result in all complicit members being sued for $28 million and millions in attorneys' fees (perhaps non-dischargeable in bankruptcy) for civil rights violations.
Every taxpayer forced to pay an unauthorized tax has standing to sue -- both for himself, and those "similarly situated."
The 14th Amendment provides that no person shall be deprived of his property without due process. Due process means "in accordance with the law of the land" (i.e., Illinois).
A county, if authorized by Illinois law, may impose and collect a tax. But unless a particular tax is authorized by the Constitution or laws of Illinois, a county is without power to impose it. For example, if the Constitution provides that no city can impose an income tax, then no city can impose an income tax.
The same is true when a county board is by law authorized to impose a tax only after a referendum. Against that, consider the following facts, most of which have been lifted from the "friendly" little lawsuit recently brought against the Public Building Commission.
(By "friendly" I mean, why no motion for an outside judge? Why no appeal?)
The Public Building Commission was created for the sole purpose of providing "a good and sufficient jail." When a building commission is created for a sole purpose it is created for that purpose only -- for a limited purpose.
Now that commission and the county board want to use the commission to build a Justice Center Annex containing courtrooms. No additional jail cells, (other than possible temporary holding cells for prisoners who are brought to court) are part of the planned Justice Center proposal.
There is a statutory procedure for a county to expand the purpose of a public building Commission:
"The purpose of a public building commission created by the county board ... may not be expanded until the question of expanding the purpose of the ... commission has been submitted to the electors ... at a regular election and approved by a majority of the electors voting on the question."
Illinois law unambiguously states that the county board may not expand the purposes of a public building commission without a referendum.
When the board charges ahead, claiming no referendum is needed, and levies a tax to pay for the Public Building Commission's new jail annex project, it clearly purports to be acting "under color of (some) law," and in imposing their tax, it clearly will be taking "property" from persons.
It justifies its actions claiming the courthouse annex is really just a part of the jail. Really? A jail is a place where you put prisoners. A courthouse, in essence, is a place where judges and juries try lawsuits. (A courthouse need not include a recorder of deeds, or a county clerk's office; but it always includes courtrooms).
Jails, controlled by the sheriff, are part of the executive department. A jail doesn't become a courthouse simply because clever county board members say so.
People freely enter and leave a courthouse. Except for prisoners being brought to court, people entering the courthouse are not in handcuffs, are not under guard, and wear no orange suits,
A courthouse essentially consists of courtrooms, and facilities for judges and jurors. Judges and juries work in courtrooms; not in jail cells. Courtrooms, run by judges, are part of the judicial department. Courthouses are not places of imprisonment.
When the present county jail was built, everybody knew what the resolution meant when it said: For the "sole purpose" of providing "a good and sufficient jail." The original intent was clear. It was sold as a jail. A jail was authorized. A jail was built. Not a courthouse!
Now that resolution is seen by the judges and many members of the county board as a "living document," meaning, "anything they want it to mean."
Posted: May 10, 2016, QCOnline.com
Copyright 2016
John Donald O'Shea
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