What Next for PBC? A Golf Course?

I was appalled when I read The Dispatch-Argus’ lead editorial on Sunday, “Rock Island Board, say yes to PBC courthouse plan.”

The editors wrote, “Kudos to the Public Building Commission for voting to set a hard and fast deadline for Rock Island County to either demolish or renovate the old courthouse.

“We urge members of the county board ... to endorse the PBC-approved intergovernmental agreement that says if a buyer has not come forward to purchase the courthouse, or if no funds are available to renovate the building by July 18, 2018, board members will hand the deed over to the PBC for demolition.”

Since my editor has asked us to “share our views,” here’s my opinion ...

On Oct. 1, 1981, the PBC was established by the county board and taxpayers were solemnly assured in the resolution creating that commission, that “the sole purpose of such Public Building Commission” was “to provide a good and sufficient jail.”

That “good and sufficient jail” was built and completed 25 years ago. Now, 27 years later, a runaway PBC, an unprincipled county board and an overreaching chief judge want to use that PBC to demolish the antiquated century-old courthouse.

The PBC was created to build a jail. Where was it granted any other power or authority? Where does it get authority to issue ultimatums? To engage in urban renewal? To create landfills, or golf courses? How does any honest public official—judge or county board member—stretch a grant of authority to build “a good and sufficient jail” and claim with a straight face that it authorizes courthouse demolition 26 years later?

This is not a situation where the courthouse had to be demolished so that the land could be used to build the new jail in 1981. The new jail was built on land formerly occupied by the old St. Joseph’s Catholic School, not on the land presently occupied by the courthouse. The old obsolete courthouse remains in use next to the new jail even today.

Make no mistake, I think the old courthouse probably should be taken down for reasons I have expressed in earlier op-eds. But I think the county board should have the guts and integrity to do the job itself.

If a tax has to be levied to pay for the demolition, it is the job of the county board to levy that tax, rather than sloughing off the decision to an un-elected commission.

America fought a revolution over the principle that our taxes were to be levied by our elected representatives—not by a British Parliament—and not by commissioners or dogcatchers.

In 1981, in setting up the PBC, the county board operated under statutory authority granted to the counties by the Illinois Legislature, which gave counties a choice. They were authorized either (a) to set up a commission to be used whenever necessary, or (b) to set up a commission for the “limited purpose” of doing one or a limited number of projects.

The Legislature did not require county boards to hold a referendum before initially setting up the building commissions.

Rock Island County chose Option B. Its commission was set up for a limited, sole purpose, providing “a good and sufficient jail. The Legislature also required a referendum “be submitted to the electors ... and approved,” before that purpose can be expanded.


This is the third effort by the county board and the judges to ignore or stretch the plain language of the statute.

In 2001, three criminal courtrooms, with jury rooms and offices, were built in the Justice Center. Fair and reasonable argument could be made for that use of the commission there.

Criminal courtrooms at least have an arguable connection with a jail. (I retired before those courtrooms were finished, and never used them). Then in 2015, a whole new courthouse was begun.

I have expressed my opinion that the use of the commission without a referendum was illegal. Now, in December of 2017, the commission is about to be—in my opinion—used again in a way no rational citizen would ever have imagined back in 1981 when the taxpayers of the county were assured that the commission was created for the “sole purpose” of building a “good and sufficient” jail.

I don’t believe a good end—getting rid of an obsolete courthouse—justifies using means not authorized by law—without the voters first granting approval by referendum.

In my opinion, this all stinks!

Posted: QCOline.com December 21, 2017
Copyright 2017, John Donald O'Shea