§ 1H-25 — General powers

Illinois § 1H-25

• Jurisdiction: Illinois
• Topic: EDUCATION
• Ch. 105: SCHOOLS
• Act 105 ILCS 5/: School Code.
• Art.: Article 1H - Financial Oversight Panels

Text

(a) The purposes of the Panel shall be to exercise financial control over the district and to furnish financial assistance so that the district can provide public education within the district's jurisdiction while permitting the district to meet its obligations to its creditors and the holders of its debt. Except as expressly limited by this Article, the Panel shall have all powers granted to a voluntary or involuntary Financial Oversight Panel and to a Financial Administrator under Article 1B of this Code and all other powers necessary to meet its responsibilities and to carry out its purposes and the purposes of this Article, including without limitation all of the following powers, provided that the Panel shall have no power to terminate an employee without following the statutory procedures for such terminations set forth in this Code: (1) To sue and to be sued. (2) To determine at a regular or special meeting that the district has insufficient or inadequate funds or other financial resources with respect to any contract (other than collective bargaining agreements), leases, subleases, and other instruments or agreements applicable to or binding upon the school board, and to make, cancel, modify, or execute contracts (other than collective bargaining agreements), leases, subleases, and all other instruments or agreements necessary, convenient, or otherwise beneficial to the district and consistent with the powers and functions granted by this Article or other applicable law. (3) To lease or purchase real or personal property necessary or convenient for its purposes; to execute and deliver deeds for real property held in its own name; and to sell, lease, or otherwise dispose of such of its property as, in the judgment of the Panel, is no longer necessary for its purposes. (4) To employ officers, agents, and employees of the Panel, to define their duties and qualifications, and to fix their compensation and benefits. (5) To transfer to the district such sums of money as are not required for other purposes. (6) To borrow money, including without limitation accepting State loans, and to issue obligations pursuant to this Article; to fund, refund, or advance refund the same; to provide for the rights of the holders of its obligations; and to repay any advances. (7) To levy all property tax levies that otherwise could be levied by the district if the district fails to certify and return the certificate of tax levy to the county clerk on or before the first Tuesday in November, and to make levies pursuant to Section 1H-65 of this Code. (8) Subject to the provisions of any contract with or for the benefit of the holders of its obligations, to purchase or redeem its obligations. (9) To procure all necessary goods and services for the Panel in compliance with the purchasing laws and requirements applicable to the district. (10) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given to it by this Article. (11) To recommend any type of reorganization of the district, in whole or in part, pursuant to Article 7 or 11E of this Code or Section 10-22.22b or 10-22.22c of this Code to the General Assembly if in the Panel's judgment the circumstances so require. (b) Notwithstanding the provisions of subsection (a) of this Section, the Panel shall have no power to do any of the following: (1) Unilaterally cancel or modify any collective bargaining agreement in force upon the date of creation of the Panel. (2) Lease, sublease, buy, build, or otherwise acquire any additional school buildings or grounds for or on behalf of the district without prior approval by referendum held pursuant to Section 19-2 or 19-3 of this Code. (3) Authorize payments for or incur any debt for any additional school buildings or grounds as specified in subdivision (2) of this subsection (b) without prior approval via referendum pursuant to the provisions of Sections 19-2 through 19-7 of this Code, the provisions of Section 10-22.36 of this Code to the contrary notwithstanding.

Legislative History

(Source: P.A. 97-429, eff. 8-16-11.)