## Facts

- Warren Township High School District No. 121 decided to demolish a fire-damaged high school and build a new facility, prompting substantial community controversy and litigation seeking to stop demolition.
- The district’s superintendent orally engaged Keith Ryan, a public relations consultant, to act as a liaison with the press and community, issue press releases, and conduct public meetings.
- Ryan submitted an itemized proposal and estimate of $5,000 for work performed from September through November 1985, before school board elections.
- Ryan did not know of any public school board meeting formally approving the agreement.
- The district paid Ryan $3,200 on an interim bill, but refused to pay a later invoice for $1,975.
- Ryan sued for the unpaid balance; the trial court entered judgment for Ryan for $1,975.

## Issues

1. Whether the school district lacked authority under the Illinois School Code to contract for public relations services, making the contract ultra vires and void.
2. Whether payment for Ryan’s services violated Illinois’s Election Interference Prohibition Act, rendering the contract unenforceable.

## Decision

- The appellate court affirmed the judgment for Ryan.
- The district had implied authority under the School Code to hire a public relations consultant to disseminate information and facilitate community communication connected to the district’s statutory duties.
- No School Code provision expressly prohibited the contract, and the services were reasonably related to carrying out express statutory powers concerning public meetings and public participation.
- The contract was enforceable despite any irregular approval process because the district accepted the services and made partial payment, supporting ratification.
- The Election Interference Prohibition Act did not bar enforcement because the services were informational and communicative regarding a public controversy, not the use of public funds for electioneering.

## Legal Principles

- A school district possesses not only powers expressly granted by statute but also implied powers reasonably necessary to carry out express powers, absent an express statutory prohibition.
- Contracts entered by a public body are void as ultra vires only when expressly prohibited by law or when the body lacks legal authority to enter them under any circumstances.
- Statutory requirements for public meetings and opportunities for public comment imply authority to communicate with the public and, when reasonably necessary, to retain assistance to facilitate that communication.
- Payment of public funds near an election is not unlawful under election-interference statutes when the expenditure is for bona fide informational activity rather than partisan advocacy intended to influence an election outcome.

## Conclusion

The court held that a school district may, under implied statutory authority, contract for public relations services to inform and communicate with the community about district actions, and that such an informational contract is enforceable and not invalidated by election-interference law absent proof of improper electioneering.


Ryan v. Warren Twp. High Sch. Dist. No. 121, 510 N.E.2d 911 (Ill. App. Ct. 1987)