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Park District Law Park Districts are considered the fun governments. They are special governmental entities which are designed to tax and use public dollars to assist individuals and families' health, recreation and enjoyment of open space. Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer has, in the last decade, become a premier firm in the representation of Park Districts. The acquiring of Park District clients was first undertaken by Robert Bush, in the early 1990s. Seeing that Park Districts were becoming an important part of the practice of government law, the firm added Robert Rolek, who had served for 16 years as Executive Director of the Round Lake Area Park District. The firm's practice has expanded because we can offer not only legal ability, but practical expertise for both standard and complex issues. The firm now represents more than 22 Park Districts and special recreation associations throughout Chicago and surrounding counties. Our clients have concluded that it is no longer possible to maintain and operate a Park District without developing substantial knowledge and familiarity with this special area of the law. We can assist our Park District clients in complex and mixed questions of law, economics finance, engineering and even psychology.
Ancel, Glink attorneys are the authors of the Illinois Park District Law Handbook, now in its third printing with a new version to be available in January 2002. The handbook describes and explains the legal rights and responsibilities of Park Districts and it interprets and analyzes the Park District Code. Although the handbook cannot supply the answer to every question which might arise, it is a good source for initial reference and investigation. The handbook is also available on CD Rom. The contents of the handbook illustrates well the full service nature of our law firm. We serve all of the legal needs of our Park District clients. In addition to our representation of Park Districts in the Chicago Metropolitan Area, we also work on a consultant basis with elected officials and local attorneys throughout Illinois.
Frequently Asked Questions About
Park Districts
1. Who governs the Park District?
ANSWER: Park Districts are governed by a board of five members, unless by referendum of board resolution the number is increased to seven (70 ILCS 1205/2-10; 70 ILCS 1205/2-10a). The members serve for six-year terms, unless by board resolution or referendum the term is reduced to four years &70 ILCS 1205/2-12; 70 ILCS 1205/2-12a). Board members shall take office after being elected and qualified. (70 ILCS 1205/2-12). In order to be qualified for office, the member must take an oath of office. The member is entitled to serve until his or her successor is elected and qualified.
2. What powers does a Park District possess?
ANSWER: The Park District Code gives a district the right to (1) adopt a corporate seal, (2) change its name, (3) pass ordinances and regulations needed for proper management and conduct of business; (4) secure grants and loans from the United States, (5) make contracts exceeding one year, but not exceeding three years for hiring certain employees or retaining professional consultants or data processing services, (6) enter into installment contracts not to exceed 20 years, and (7) join the Illinois Association of Park Districts and park, playground and recreation commissions. (70 ILCS 1205/8-1; 70 ILCS 1205/8-17; 70 ILCS 1205/11.1-9) Other powers are spread out throughout the Park Code.
3. Can Park District enter into intergovernmental cooperation agreements?
ANSWER: Intergovernmental cooperation can and should take many forms of cooperative efforts, such as sharing facilities, sharing the costs of playground equipment and forming self-insurance pools. Intergovernmental cooperation is limited only by the Park Districts' creativity and their leadership. When used effectively, intergovernmental cooperation enablers Park Districts to function more efficiently. It is noteworthy to emphasize that government agreements are not exclusively limited to engagements between local government units. Cooperative agreements can include private individuals, associations and even for-profit organizations. Some attorney believe that if the only authority for the agreement is under the Intergovernmental Cooperation Act, the compact must include at least two governments before individuals or corporations can be added.
4. Do district employees have a right to review their personnel records?
ANSWER: District employees have a right to review their personnel records twice in a calendar year upon request. (80 ILCS 40/0.01, et seq.) The district may require that such requests be made in writing on a form provided by the district. Requests must be granted within seven days. An employee who disagrees with anything in his or her personnel file may request that it be removed or corrected, and if this is denied, he or she may have a written statement placed in the file explaining his or her position. The district is not required to allow an employee to remove any of the records from the place of inspection. After reviewing the file, an employee may request copies of the documents reviewed and a copying fee, not exceeding the actual copying costs, may be charged.
5. What liabilities might a Park District face based on the condition of its property?
ANSWER: As a general rule, the Park District has a duty to use reasonable care to maintain its property in a safe condition for the purpose intended. That duty does not require the Park District to make improvements. As a result, no liability can be imposed for a Park District's failure to make a public improvement. A duty only arises once a public improvement is undertaken. The Illinois courts have interpreted the Tort Immunity act to impose an independent duty to maintain public property in a reasonably safe condition for intended and permitted users. Thus the Park District only owes that duty to those persons whom it intended and permitted to use its property. Whether a person is intended and permitted is usually determined on a case-by-case basis.
A Park District becomes liable for injuries that occur on its properties when it can be established that the Park District had actual or constructive notice of a dangerous condition on its property in sufficient time to take reasonable measures to remedy or protect against such conditions. Various factors are considered in determining whether there was constructive notice; the conspicuousness of the defect and the length of time the condition existed; or the condition for such a length of time prior to an injury that the authorities, by the exercise of reasonable care and diligence, should have learned of its existence and effected a remedy.
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