Jenner v. Wissore

517 N.E.2d 1220, 164 Ill. App. 3d 259, 115 Ill. Dec. 534, 1988 Ill. App. LEXIS 6
CourtAppellate Court of Illinois
DecidedJanuary 5, 1988
Docket5-86-0344
StatusPublished
Cited by31 cases

This text of 517 N.E.2d 1220 (Jenner v. Wissore) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenner v. Wissore, 517 N.E.2d 1220, 164 Ill. App. 3d 259, 115 Ill. Dec. 534, 1988 Ill. App. LEXIS 6 (Ill. Ct. App. 1988).

Opinion

PRESIDING JUSTICE HARRISON

delivered the opinion of the i court:

Defendant, Bruce Wissore, appeals from a judgment of the circuit court of St. Clair County finding him in indirect civil contempt for failure to obey a prior order entered by the court. Two questions are presented for our review: (1) whether plaintiff had standing to bring the suit which culminated in the order Wissore is alleged to have violated, and (2) if so, whether, the contempt judgment is contrary to the manifest weight of the evidence. For the reasons which follow, we hold that plaintiff did not have the requisite standing and that the circuit court therefore lacked subject matter jurisdiction to hear and decide this case. Accordingly, the contempt judgment is void and must be vacated.

The events giving rise to this appeal occurred on the eve of an election held on November 5, 1985, at which voters in the Belleville Area College (BAG) taxing district were asked to pass on the question of whether taxes to support the college should be increased. The tax increase proposition was put to the voters based on a unanimous decision made by the BAG board of trustees in the summer, of 1985. Plaintiff, Elizabeth Jenner, was and is a member of that board. Defendant, Bruce Wissore, was the college’s chancellor and, as such, served as the chief administrative officer of the school.

Earlier in the year, a group of volunteers had formed an association to support the tax increase. That association, known as the Committee for Quality Education and Economic Development (the Committee), was duly registered with the Illinois State Board of .Elections. Reports filed by the Committee with the State election board showed that the Committee collected more than $13,000 in individual contributions and secured $35,000 in bank loans during the months preceding the election. Although the Committee was not officially affiliated with BAG, its activities were endorsed and controlled by various administrators associated with the college, including Wissore. In addition, Wissore, the Committee and BAG were all represented by the same attorney.

The BAG board of trustees was never presented with nor did it pass on any formal resolutions regarding the Committee. It did, however, share the Committee’s goal of securing passage of the tax increase proposition. Before deciding to place the proposition on the ballot, the board hired Public Response, a corporation in the business of providing “communicative services,” to advise it on the feasibility of presenting the proposition to the public and on the methods to be followed in campaigning for its passage. Thereafter, the board discussed and approved the use of college funds for the dissemination to the public of factual information relating to the proposition, although it did not approve of using such funds for “persuasive” purposes.

The distinction drawn by the board between “factual” and “persuasive” matters was based on section 3 of the Election Interference Prohibition Act (Ill. Rev. Stat. 1985, ch. 46, par. 103), which provides:

“No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This provision shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot ***.”

An opinion from counsel was obtained by Wissore on behalf of BAG in July of 1985 regarding allocation of various expenditures which had already been made in connection with the proposition in light of the foregoing statute. That opinion advised as to which of the expenses could be paid by BAG and which should be borne by the Committee. With respect to future expenses, the opinion admonished that “when in doubt resolution of the issue must be made in favor of payment from the committee and not the college.” Thereafter, Wis- • sore appointed two BAG administrators to oversee the proper division of liability for the costs and expenses of the tax increase, campaign between BAG and the Committee. Consistent with the opinion from counsel, these administrators were advised by Wissore that any charges about which there might be a question should be paid by the Committee.

By statute, the BAG board of trustees had the power to grant temporary use of college buildings, classrooms and assembly halls to outside groups for civic, social, educational, literary and other purposes when those facilities were not occupied or otherwise needed by the college. (Ill. Rev. Stat. 1985, ch. 122, par. 103 — 43.) The board delegated authority for allowing and scheduling such use to the college administration. Pursuant to this authority, the administration allowed the Committee to hold a meeting in the college’s theater and to use a vacant room for a telephone bank.

BAG had previously made its facilities available to a variety of political and community groups. According to Wissore, “We made [the facilities] available to every, every person that would ask. I can’t remember turning people down.” Although BAG administrative policy specified that requests to use the facilities should be made in writing, this was not a hard and fast rule. Requests were handled orally “on a fairly regular basis.” Such was the case with the requests made by the Committee.

BAG apparently did not normally charge a fee to outside groups which had been given permission to use its facilities, and they did not charge the Committee for the meeting held in the theater. They did, however, sometimes require groups to pay rent for use of the facilities if such use entailed extra cleaning or moving of equipment by college personnel or other added expense to the school. A schedule of charges was established for this purpose. When BAG gave permission to the Committee to use the vacant room for a phone bank, it imposed a rent of $20. This was nearly twice what would normally have been charged. Double rent was required so that the school would avoid the appearance of favoritism toward the Committee. This rent was paid by the Committee, although the suggestion was made that the Committee may not have been charged for the full period during which it used the room.

The Committee hired Public Response to run its phone bank, which began operation on either September 19, 1985, or October 7, 1985. While BAG apparently made arrangements to have the phones installed and received the bills from the phone company, the Committee reimbursed the college for the installation and all use charges. The Committee also reimbursed the college for use of its postage meters.

Before the phone bank started, the college employed two market research assistants. These assistants ended up working mostly for the Committee. They were paid $6 an hour and were given space to use in another person’s office at the college. The Committee was not charged for this office space, but did reimburse the college for the wages paid to the assistants.

The record further shows that literature prepared and distributed by the Committee for the tax increase campaign was printed by the college on campus. After the printing was completed, the school would bill the Committee for that portion of the material which was not factual in nature, but tended to persuade.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dorman v. Madison County Board
2026 IL App (5th) 241354 (Appellate Court of Illinois, 2026)
People ex rel. Donnelly v. City of Spring Valley
2020 IL App (3d) 180202-U (Appellate Court of Illinois, 2020)
Nwaokocha v. Illinois Department of Financial and Professional Regulation
2018 IL App (1st) 162614 (Appellate Court of Illinois, 2018)
Diaz v. Provena Hospitals
817 N.E.2d 206 (Appellate Court of Illinois, 2004)
Burton v. Ramos Opinion Corrected
Appellate Court of Illinois, 2003
Burton v. Ramos
792 N.E.2d 362 (Appellate Court of Illinois, 2003)
In Re Custody of Groff
774 N.E.2d 826 (Appellate Court of Illinois, 2002)
Brockett Ex Rel. Brockett v. Davis
762 N.E.2d 513 (Appellate Court of Illinois, 2001)
Owner Operator Independent Drivers Ass'n v. Bower
Appellate Court of Illinois, 2001
People v. Patterson
721 N.E.2d 797 (Appellate Court of Illinois, 1999)
Moran Transortation Corp. v. Stroger
Appellate Court of Illinois, 1999
Moran Transportation Corp. v. Stroger
708 N.E.2d 508 (Appellate Court of Illinois, 1999)
Martin v. Cajda
606 N.E.2d 566 (Appellate Court of Illinois, 1992)
Taylor v. Industrial Commission
583 N.E.2d 4 (Appellate Court of Illinois, 1991)
Guertin v. Guertin
561 N.E.2d 1339 (Appellate Court of Illinois, 1990)
Wissore v. Alvey
562 N.E.2d 978 (Appellate Court of Illinois, 1990)
Hough v. Weber
560 N.E.2d 5 (Appellate Court of Illinois, 1990)
Computer Teaching Corp. v. Courseware Applications, Inc.
547 N.E.2d 718 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
517 N.E.2d 1220, 164 Ill. App. 3d 259, 115 Ill. Dec. 534, 1988 Ill. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenner-v-wissore-illappct-1988.