Long v. County Board of School Trustees

145 N.E.2d 741, 15 Ill. App. 2d 162
CourtAppellate Court of Illinois
DecidedDecember 3, 1957
DocketGen. 10,124
StatusPublished
Cited by5 cases

This text of 145 N.E.2d 741 (Long v. County Board of School Trustees) 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
Long v. County Board of School Trustees, 145 N.E.2d 741, 15 Ill. App. 2d 162 (Ill. Ct. App. 1957).

Opinion

PRESIDING JUSTICE CARROLL

delivered the opinion of the court.

This case arises out of a proceeding to detach and annex territory pursuant to Article 4B of the School Code. (Ill. Rev. Stat. 1955, Chap. 122, Art. 4B). On June 27, 1956, a petition praying* that certain territory described therein be detached from Literberry Community Consolidated School District No. 3, Sinclair Community Consolidated School District No. 9 and Non-High School District No. 119, and annexed to Ashland Community Unit School District No. 212 was filed with the county board of school trustees of Morgan county. After holding a hearing upon the petition, the hoard of trustees denied the prayer thereof and entered its order to that effect. Thereupon, the petitioners and Ashland Community Unit School District No. 212 filed a complaint in the Circuit Court of Morgan county under the Administrative Review Act to review the decision of the county board of school trustees. The Circuit Court affirmed the order of the board of trustees and the cause is here on appeal from said judgment of affirmance.

The first and what appears to be the principal contention of plaintiffs is that the hearing before the county board of school trustees was not conducted in accordance with the mandatory provisions of Section 4B — 4 of the School Code in that the maps and report which the secretary of the board is required to submit to the county hoard prior to the hearing were not offered in evidence and made a part of the record of the proceedings of the said board. The pertinent provisions of Section 4B — 4 of the School Code are as follows:

“Prior to the hearing the secretary shall submit to the county board of school trustees maps showing the districts involved, a written report of financial and educational conditions of districts involved and the probable effect of the proposed changes. The reports and maps submitted shall be made a part of the record of the proceedings of the county board of school trustees.” (Sec. 4B — 4, Art. 4B, Chap. 122, Ill. Rev. Stat. 1955.)

In the above quoted section of the Statute, the submission prior to the hearing of the maps and report specified to the county board of trustees is mandatory and it was so held in Bellevue Realty Co. v. School District No. 111, 7 Ill.App.2d 196.

In this case, the record of the proceedings before the board of school trustees shows that at the commencement of the hearing on the petition, Wilfrid E. Bice, ex-officio secretary of the county board of school trustees of Morgan county, Illinois, was asked this question: “Mr. Secretary, I’ll ask you to tell us prior to this hearing, did you submit to this Board maps showing the districts involved and a report of the financial and educational conditions of the districts involved and the probable effect of the proposed changes?” and that Mr. Bice answered as follows: “Such maps and reports were presented to the County Board of School Trustees on July 11, 1956 prior to the meeting in the courtroom here.”

It further appears from said record that the order of the county board of school trustees recites that the secretary of said board submitted maps and the report required by statute to the board.

It further appears that the transcript of proceedings at the hearing before the county board of school trustees as originally filed in the administrative review proceeding, contained the maps submitted to the board but did not include the report as to the financial and educational conditions of the districts involved which was furnished to the board by the secretary thereof. Upon motion of the defendant board of school trustees made prior to the administrative review hearing, the trial court ordered the record completed by adding thereto the said report of the secretary of the board. The action of the trial court in so doing did not amount to the admission of new or additional evidence as argued by plaintiffs and was authorized by the Administrative Review Act. (Sub-Par. (b) Par. 1, Sec. 275, Chap. 110, Ill. Rev. Stat. 1955.)

In view of the factual situation as disclosed by the record before us, it becomes evident that plaintiffs’ contention can be sustained only on the theory that the provisions of Sec. 4B — 4 are to be construed to mean that until the reports and maps required thereby are offered in evidence, they do not become a part of the record of the proceedings of the county board of school trustees. Plaintiffs cite Bellevue Realty Co. v. School District No. 111, supra in support of their position. In that ease, the court considered a situation where the record failed to show the furnishing of a report to the trustees on the financial and educational conditions of the districts involved as required by Sec. 4B — 4 of the School Code and it held that the provision requiring the furnishing of such information to the board of trustees is mandatory. The decision in the Bellevue case is not applicable to the facts disclosed by the instant record which show that the secretary did in fact furnish the county board of school trustees with the information required by Sec. 4B — 4.

The case which appears to be more in point is that of In Re Petition of Catlin Township High School, 12 Ill.App.2d 487, which was decided by this court. (Reported in abstract form.) In that case as here, it was contended that there was a failure to comply with the mandatory statutory requirements as to the filing of a map and a financial report as provided by Sec. 4B — 4 of the School Code. However, it appeared from the record that at the hearing the county superintendent of schools made a statement as to the assessed valuation and tax rates of the districts involved; that he also stated that he had presented a map; that there was before the board a chart showing educational statistics pertaining to the districts; that witnesses used and made reference to such charts and maps in connection with their testimony. Upon these facts, we held that compliance with the requirements of Art. 4B — 4 was shown.

Plaintiffs argue that the legislature, in requiring by Sec. 4B — 4 that the reports and maps submitted to the board of school trustees be made a part of the record of its proceedings at the hearing, thereby intended to impose a further requirement that such reports and maps could only be made a part of the record by being formally placed in evidence at the hearing on the petition. We do not think that Sec. 4B — 4 is susceptible of the interpretation which plaintiffs would place thereon. It plainly imposes upon the secretary of the board the duty to submit certain maps and reports to the trustees prior to the hearing. Obviously, the discharge of this duty results in furnishing to the trustees certain information which the legislature has seen fit to designate as essential to a proper exercise of the administrative function performed by said trustees. It follows that in determining whether or not there has been compliance with the requirements of See. 4B — 4, the vital question to be answered is whether the record of the proceedings before the county board of school trustees shows that prior to the hearing said board was furnished with the maps and report specified in the said section of the School Code and whether snch maps and report were made a part of the record of the proceedings of said board. We are convinced that upon the record in this case, the vital question must be answered in the affirmative.

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Bluebook (online)
145 N.E.2d 741, 15 Ill. App. 2d 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-county-board-of-school-trustees-illappct-1957.