Illinois Court of Claims Opinions
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George J. Lewis v. State of Illinois

31 Ill. Ct. Cl. 175 Illinois Court of Claims Filed May 28, 1976 No. 76-479
Disposition: (No. 76-479-Claimant awarded $3,482.50.) Award: $3,482.50 Agency: Fair Employment Practices Commission
Cite as: George J. Lewis v. State of Illinois, 31 Ill. Ct. Cl. 175 (1976)
Legacy General 31 awarded 1970s George J. Lewis v. State of Illinois 31 Ill. Ct. Cl. 175 May 28, 1976 (No. 76-479-Claimant awarded $3,482.50.) /opinions/v31-p0223-1/

GEORGE J. LEWIS, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, a hearing officer for the Fair Employment Practices Commission, sought payment for services rendered when the agency had insufficient appropriated funds. The court found the expenses were expressly authorized by law and awarded $3,482.50.

Claim type: Lapsed Appropriation

Statutes cited: Ill. Rev. Stat., Ch. 127, §166

Cases cited: Don E. Beane, Jr. v. State of Illinois, No. 75-406

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. CONTRACTs4tipUh60n. Where expenditures in question involved pro-

This cause comes before this Court on a Joint Stipulation by the Attorney General and the Claimant based on the facts set forth in the departmental report and the holding of this Court in the consolidated cases of which the case of Don E . Beane, Jr. u. State of Illinois, No. 75-406 is representative. In the Beane case, Mr. Beane was a hearing officer for the Fair Employment Practices Commission and it was ruled in that case that, although the F.E.P.C. was short of funds appropriated for the purpose of payment of hearing officers and court reporters, the function performed by the hearing officers and court reporters was a function required by the Constitution of 1970 and by the statutes setting up the Fair Employment Practices Commission pursuant to the requirements of the constitution. It was held that, therefore, the expenses incurred by F.E.P.C. for hearing oEcers and court reporters were expenses “expressly authorized by law.” Being expressly authorized by law, this expenditure fell within the exception to expenditures in excess of moneys appropriated pursuant to IlLRevStat., Ch. 127, $166, wherein it is stated: No officers, institution, department, board or commission shall contract any indebtedness on behalf of the State, nor assume to bind the State in an amount in excess of the money appropriated, unless expressly authorized by law.

We find that the claim of Mr. George J . Lewis is identical with the claim of Mr. Beane and we, therefore, grant an award in the amount of Three Thousand Four Hundred Eighty-Two and 50/100 Dollars ($3,482.50).

Official volume 31 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1976 – July 1, 1975–June 30, 1976; Fiscal Year 1977 – July 1, 1976 – June 30, 1977)  ·  All opinions in this volume  ·  Also on CourtListener

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