Local Government News
Our clients include municipalities throughout the State of Illinois, as well as park districts, school districts, fire protection districts, library districts, townships, other special units and intergovernmental agencies. We serve as the corporate attorney for many governmental bodies. We also serve as special counsel to governments which seek our assistance either through their own attorneys or directly when they have special problems. We have represented newly incorporated governments as well as those which have been in existence for more than 150 years. In our municipal practice, we have represented communities with 500 residents. Because of our experience representing governmental bodies we are often asked to write or edit books, pamphlets, and articles which are widely used by both governmental officials and attorneys. We have originated, written, updated and edited many publications, including handbooks for municipalities, park districts and townships. We also produce publications in areas as diverse as economic development, zoning, planning and the Illinois Tort Immunity Act. We are frequently asked to lecture at local government seminars and conferences.

We invite all municipal officials to review our Municipal Q&A for very long list of questions and answers which have appeared on our web site or in presentations which we have given to various organizations. We also wish to bring your attention to our 2007 guide for Newly-Elected Officials.

For over a decade, we have published a periodic newsletter, Local Government News, in which we review and comment on recent local national cases and legislation and the impact that they will have on Illinois local governments. The most recent issues of Local Government News are available and are listed below:

Local Government News
Fall 2006
Page 2 -Destroying Closed Session Tapes; Page 3 -Judge Rules Closed Session Tapes to be Turned Over; Page 4 -Felony Convictions=Loss of Benefits; Page 5 -Park Law Alert; Page 6 -Denial of Special Use Permit; Page 7 -Takings Law Clarified; Page 8 -New Laws Affecting Fire Protection Districts; Page 9 -Education Law Alert; Page 10 -Court Limits Equal Protection; Page 11 -Prevailing Wage Act Changes; Page 12 -Court Limits Parkway Liability; Page 13 -Firm News; Page 14 -Upcoming Speeches & Events
Local Government News Fall 2006

Local Government News
Fall 2005
Page 2 -New Laws; Page 3 -Regulating Sex Offenders on Park Property; Page 4 -Education Law Alert; Page 5 -New Cases;' Page 6 -Utilities and Bankrupt Users; Page 7 -Referendum Deadlines; Page 8 -Utilities and Bankrupt Users; Page 9 -Firm News; Page 10 -Upcoming Seminars and Events
Local Government News Fall 2005

Local Government News
Summer 2005
Page 2 -Open Meetings Act Amendment; Page 3 -Park Place; Page 4 -Education Law Alert; Page 6 -Excessive Force/ Malicious Prosecution Cases; Page 7 -Terminating an Employee on Workers' Compensation; Page 8 -New Municipal Cases; Page 9 -Firm News; Page 10 -Upcoming Seminars and Events
Local Government News Summer 2005

Local Government News
Fall 2004
Page 2 -Election Deadlines; Page 3 -Park Place: New Overtime Laws; Page 4 -Education Law Alert: Fingerprints and Waivers; Page 5 -New Laws and Cases; Page 6 -Municipal Noise Ordinance Upheld; Page 7 -Firm News; Page 8 -Upcoming Seminars and Events
Local Government News Fall 2004

Local Government News
Fall 2003
Cover - Court Allows Trustee to Sue for Slander; Page 2 - New Zoning Cases; Page 3 - Park Place; Page 4 - Education Law Updates; Page 5 - New Laws; Page 6 - Understanding Tax Challenges; Page 8 - Catastrophic Injury Redefined; Page 10 - Property Insteactions; Page 11 - Firm News
Cover Page 2 - 11 Page 3 - 10 Page 4 - 9 Page 5 - 8 Page 6 - 7

Local Government News
Fall 2002
Cover - How to Keep Your Referendum Campaign Legal; Page 2 - Election guidelines; Page 3 - Searching Park Employees and Patrons; Page 4 - The Internet and the Classroom; Page 5 - Entities Evaluate New Laws; Page 6 - "Catastrophic Injury" Defined; Page 7 - Firm News; Page 8 - IML Conference Lineup, Approaching Seminars and Events
Cover Page 2 - 7 Page 3 - 6 Page 4 - 5

Local Government News
Summer 2002
Cover - Court Takes a Mulligan on Gift Ban Act; Page 2 - New Case Affects Board Agendas; Page 3 - Park Place Child Abuse Reporting Obligations; Page 4 - Random School Drug Testing Approved; Page 5 - Simplifying the New Tellecommunications Act; Page 6 - Can You Win with Win-Win Arbitration; Page 7 - Firm News; Page 8 - Ancel Glink Consulting, New Clients
Cover Page 2 - 7 Page 3 - 6 Page 4 - 5

Local Government News
Autumn 2000

To view this issue in pdf format, click here.
  • Is Your Municipality's Political Sign Ordinance Enforceable?
    Every campaign season, municipal officials ask us how they can regulate political signs. Municipalities cannot restrict political signs just because they are political signs, even when the restriction's primary aim is to promote aesthetics or to prevent traffic problems. However, municipalities can adopt carefully-worded sign code provisions regulating signs which will survive a challenge if the regulations are reasonable and without censorial purpose.
  • Is Your Zoning Board Afraid of Variances?
    Many zoning boards or city councils are reluctant to grant variances except in the most pressing circumstances, when the variance is overwhelmingly justified. If local officials deny requests for variances because they are afraid to exceed their authority, their fears are unfounded.
  • Student Invocation at School Football Game is Unconstitutional
    Most school administrators did not realize that, in pursuing careers in education, they would frequently be presented with constitutional questions. Many constitutional issues arise out of activities on school grounds and in classrooms, ranging from a student's expression through his or her clothing, hair or accessories, to a teacher's speech in the classroom. In June, the United States Supreme Court examined whether a school district's practice in allowing student-led, student-initiated prayer before football games violated the Establishment Clause of the First Amendment to the United States Constitution, which provides, in part, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
  • Can Your Park District Benefit from a Corporate Sponsorship?
    While the tax cap has limited the revenue available to park districts, residents have pressed for bigger, better, and more imaginative types of recreational facilities. They do not just want a pool - they want aquatic centers with water slides, lazy rivers, sand volleyball and all the latest new options. They want other "state-of-the art" programs and facilities, but not at their expense. What, then, can park districts do to meet these increasing demands?
  • What You Don't Know Could Cost You Grant Money
    If your public entity is building on land that was formerly farm land or vacant prairie, or rehabilitating downtown areas, it could be risking state and federal funding for its projects unless it complies with the Illinois State Agency Historic Resource Preservation Act, 20 ILCS 3420/1, et seq. and the National Historic Preservation Act, 16 U.S.C. 470, et seq.
  • Terminiating a Municipal Officer?
    The recent proliferation of employment laws has given employees much ammunition to sue public entities over employment practices. When defending public entities in employment actions, we examine how the issues in those cases can be of benefit to other public entities.


Local Government News
Spring 2000

To view this issue in pdf format, click here.
  • Twenty Pieces of Lingerie Do Not a Dress Shop Make
    What can a municipality do when a business, which purports to be a dress shop, sells predominantly sexual paraphernalia, but argues that it "skirts" the Village's definition of an adult use? According to the First District Appellate Court, the community can refuse to issue a business license and occupancy permit. Dottie's Dress Shop, Inc. v. Village of Lyons, No. 98 CH 3942 (March 10, 2000).
  • Are You Missing Out on Free Money?
    Due to the State's surplus, federal matching funds for various public works projects, and legislative non-matching grants, public entities may be missing valuable opportunities for additional revenue.
  • How To Win Lawsuits Involving Recreational Property
    Public entities, such as park districts, can prevail in lawsuits when they are sued for injuries which occur on recreational property. This article will help explain how public entities can qualify for the "recreational property" immunity provided in the Tort Immunity Act.
  • School Districts and Municipalities Gang up on Gangs
    Two recent cases have shed light on how school and municipal officials can legislatively address gang-related problems.
  • The ABC's of Illinois' First Funds for School
    Your educational institution may qualify for Illinois First funds, including those available through the School Construction Bond Program. Elementary and high school districts with at least 200 enrollment and unit districts with at least 400 enrollment qualify for these bonds, providing they have passed a referendum or have sufficient cash on hand to meet matching requirements.
  • Public Entities Beware: Contruction Costs Can Soar Under New Law
    By a veto override, the General Assembly recently passed the Public Construction Contract Act, which grants new rights to contractors on municipal improvement projects exceeding $75,000. The Act mandates, under certain conditions, that an equitable adjustment be made to the contract sum and time when the contractor encounters unexpected physical conditions on the improvement site and the municipality directs the contractor to stop working until the issue is resolved.
  • Is Your Police Department Properly Conducting Strip Searches?
    If your police department does not have a updated written policy on strip searches, now is the time to take action. The statute governing strip searches (725 ILCS 5/103-1, et seq.) has been in effect for 20 years, yet many police departments are not familiar with its requirements.
Local Government News
Autumn 1999

To view this issue in pdf format, click here.
  • A Short Course On Holiday Displays
    Can a park district display a creche surrounded by traditional Christmas holiday symbols like Santa Clause and Rudolph in the community center? Should the Mayor and City Council approve the installation of a nativity scene and a menorah in front of City Hall or the police station for the month of December? Every year, these questions plague public bodies. Although court cases are confusing, an awareness of the law governing such displays may help elected officials decide what to do this season.
  • Deadline for Adopting Investment Policies Is Near
    The Public Funds Investment Act requires public entities to adopt written investment policies by January 1, 2000. (30 ILCS 235/2.5.)
  • Governor Signs TIF Reform Legislation
    TIF reform legislation, long the subject of negotiations among municipalities, other taxing districts and tax increment financing associations, will take effect on November 1, 1999. Those municipalities contemplating the establishment of new tax increment financing districts in their communities or intending to amend existing districts or existing redevelopment plans and projects should act quickly if they prefer to work under the existing TIF Act.
  • Attorneys' Fees Under the Illinois Freedom of Information Act
    In light of the public’s increasing awareness of their rights under the Freedom of Information Act, and recent efforts to criminalize violations of the Act, public entities should take note of the recent appellate court decision in Duncan Publishing v. City of Chicago.
  • State Gift Ban Act: The Confusion Continues
    In our last Newsletter, we reviewed the complexities of the State Gift Ban Act. Originally intended to address public concerns over state officials accepting gifts from lobbyists or special interest groups, the Act was hastily amended to include local governments and school districts but failed to provide clear direction to those entities. Subsequent efforts by local governmental groups did not bring legislative relief. Now the Illinois Attorney General has thrown a few new curves.
  • Public Facilities: Turning That Dream Project Into Reality
    Public officials are periodically charged with the daunting task of managing the design and construction of public facilities with inadequate time and funds. In addition, an unforgiving public will second guess every decision and attribute blame for problems that inevitably occur. A full understanding of the process and options for managing public works projects can help minimize obstacles to their successful completion.


Local Government News
Spring 1999

To view this issue in pdf format, click here.
  • The Illinois Gift Ban Act: The Rising Cost of Free Lunches
  • Supervision Immunity No Longer Absolute
    For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property. This immunity applied when park districts supervised a summer camp, school districts supervised
    after-school athletic programs and municipalities supervised a road construction project. This protection is no longer available.
  • Eminent Domain Under Siege
    Senate Bill 26 has been passed by the Illinois Senate and is now awaiting action by the House. If this Bill becomes law, the authority of local governments to condemn private property for public purposes will be severly handicapped.
  • Municipal Code at Odds With Labor Relations Act
    It may surprise many officials that a home rule municipality could be deprived of its right to determine how to discipline employees because it chose to use its home rule power. This real-life paradox arose from an uneasy interplay between the Municipal Code and the Labor Relations Act regarding the means by which disciplinary matters concerning fire and police personnel are resolved.
  • Who's At Fault When Fireworks Backfire?
  • Preservation of County Farmland Upheld
    In an important decision for counties, the Illinois Appellate Court has upheld a county’s right to protect its existing farmland and to channel new residential development into the areas around existing towns.
  • When May Architectural Plans Be Disclosed?
    From time to time, municipalities receive Freedom of Information Act requests for copies of architectural plans for specific residences (or other structures) located in the community. Are such plans available to the public under the Act?


Local Government News
Autumn 1998

To view this issue in .pdf format, click here.
  • Sexual Harassment--The Supreme Court Speaks
    Although sexual harassment has plagued the workplace for centuries, the development of legal protections for victims is relatively recent. In the 1980s, courts adopted sexual harassment as a form of sex discrimination prohibited by Title VII, but the law as to when employers should be accountable for such conduct of its employees has been murky, due in part to conflicts among jurisdictions. In the face of skyrocketing claims and damage awards, the Supreme Court has announced standards to be applied in eval-uating claims of sexual harassment. Employers are still recovering.
  • Deregulation Requires Greater Vigilance
    On August 1, 1998, residential electric customers in the Commonwealth Edison and Illinois Power Service territories received a 15% rate reduction under P.A. 90-561 (“Act”), the new electric deregulation legislation. Residential customers in other service territories throughout the state also received rate reductions. As Illinois embarks upon deregulation, it is hoped that the cost to users of electricity will decrease. Unless your municipality acts to amend its electric utility tax rate, however, its revenues will also decrease.
  • Student’s Underground Newspaper Article Earns Him a Suspension
    Administrators often ask if they can discipline students for things students say or write in different publications. A recent Seventh Circuit federal case provides guidance in those matters and is as important for what it implies as for what it says.
  • Court Upholds City Clerk's Rejection of Candidate Papers
    The Second District Appellate Court recently decided a case of great interest to local election officials as well as candidates for local public office. In North v. Hinkle, the court ruled that the Clerk of the City of Hinkle correctly rejected the nominating papers for one city clerk and two aldermanic candidates because each set of papers was missing the required statement of economic interest.
  • Jewel and Osco May Not Share a Liquor License
  • Police Not Liable in Chase Case
  • Reproduction Becomes "Major Life Activity" Under ADA


Local Government News
Spring 1998

To view this issue in .pdf format, click here.
  • How Far Will Recreational Immunity Stretch?
    Illinois local governments, including municipalities, park districts and school districts, are offering an array of recreational activities, events, programs and facilities to satisfy the growing interest in health and fitness. Not surprisingly, a governmental entity’s exposure to tort liability increases with increased use of its recreational facilities.
  • Residency Requirements Are Constitutional
    A number of courts and, most recently, the Illinois Attorney General, have concluded that employee residency requirements are constitutional. If a local governmental body wants to require its employees to live within its district, are there any limitations of which it should be aware? Can such requirements be applied to the current work force as well as new hires?
  • Legislative Update:
    Local Hearing Process for Ordinance Violations Is a Welcome Alternative to Court
    Multi-year Intergovernmental Agreements Authorized
  • When Can the Power of Appointment be Transferred?
    Lately, a number of municipal governing boards have become involved in disputes concerning the authority of the trustees or aldermen to remove from the mayor his/her power to appoint officers to boards or commissions. Is such an action by the members of the governing body legally permissible for a home-rule government, or is it an alteration in the “form of government” which, pursuant to our state Constitution, requires referendum approval?
  • Must a Park District Repair Every Sidewalk Crack?
  • More Lessons in Obtaining Ballot Access
    Each election season brings new lessons from electoral boards and our state courts in how to qualify for a ballot position. Individuals interested in seeking elective office should take note of these recent decisions that help us distinguish fatal from harmless errors.
  • School’s Drug Testing Program Upheld
  • Are Employers Responsible for the Harassing Behavior of Supervisors?
  • Jury Verdict: Police Phone Not Wiretapped
  • The Long Road to Closing an Adult Use
    In our Spring 1997 Local Government News we informed you of a ruling favorable to the Village of Lansing in its ongoing legal battle with a “gentleman’s club” called Thee Body Shoppe. That ruling, issued by the Cook County Circuit Court, found the Village’s adult-use ordinance constitutional and enjoined the club from continuing to conduct business. The club appealed but the final ruling from the Appellate Court in December of 1997 could herald the Club’s ultimate demise.
  • Special Duty: A Last Hurrah?
    In previous Local Government News issues we focused on the “Special Duty” rule applied by courts in deciding personal injury cases. This judicially created doctrine has been used to impose liability on a governmental entity, despite statutory immunity when a special relationship exists between the entity and a particular individual who is harmed by an action of the government’s employee. In Harinek v. 161 N. Clark St. Partnership, the Illinois Supreme Court has relegated Special Duty to the doctrinal dust heap for tort cases. This decision should be cause for celebration.


Local Government News
Autumn 1997
  • Focus on Recent Legislative Enactments of the Illinois General Assembly:
    Conflicts of Interest Statutes Finally Amended
    More Barriers Added to the Franchising Process
    Good News/Bar News on the Labor and Employment Front
    Additional Restrictions Placed on Child Molesters
  • Case Law Update
    Home Rule or Not: Utility Regulation Out of Village's Hands
    Commercial Interests and the FOIA
    Your Cable Company May Owe You Money
  • The Congress Giveth;The Supreme Court Taketh Away
    or What Was RFRA and Why Should You Care?
  • County Not Responsible for Deputy's Bad Acts

Local Government News
Spring 1997
  • Surprise Disguise Discouraged
    The Courts Weigh a Public Employee’s Free Speech Rights Against the Public Employer’s Need to Maintain Discipline, and Tip the Scales in Favor of Management.
  • “Special Duty” Rule Revisited
    When a special relationship is created between a governmental entity and a specific individual, a special duty may be imposed which cancels the immunity otherwise available to shield the governmental entity from liability for injury to that individual. Illinois courts continue to hear claims from injured parties asserting that the government body must be held accountable because a special duty exists, but, in two recent cases, the appellate court refused to expand the special duty rule:
    Firefighter Candidates: Climb At Your Own Risk
    Court Applies Park Immunity:Will The Legislature Remove It?
  • Legislative Update
    Curfew Laws Get Tougher
    Recent amendments to the Child Curfew Act allow courts to impose community service requirements upon a parent, legal guardian or other person who knowingly permits a minor in his or her control to violate curfew.
    Beware: Adult Entertainment 1,000 feet Ahead!
    Local authorities may now specifically regulate the character and control the location of adult entertainment advertising located within 1,000 feet of schools, day care centers, cemeteries, public parks, and places of religious worship.
    Park District Enforcement Power Expanded
    New section 8-6a in the Park District Code provides that district land located outside the district’s boundaries and not contiguous shall be subject to all personal conduct and criminal provisions of the ordinances of the district.
    Warning: Public Hearing Required for Bonds
    Bond Issue Notification Act requires governmental units proposing to sell certain types of bonds to hold a public hearing prior to issuing such bonds.
  • Attention all Canvassing Boards
    After the election is over, certain governmental officials must meet to “canvass” the votes and proclaim the results to the election authority. Canvassing boards are comprised of the following persons...
  • Questions Frequently Asked by Newly-Elected Municipal Officers
  • Regulating the Sale of Liquor to Minors
  • Strip Joint “Stripped” of Its License
  • Even Home Rule Units Must Publish
    We are often asked whether home rule units can avoid publication requirements, particularly where the statutory section does not specifically preempt home rule...
  • Recent Attorney General Opinions


Local Government News
Autumn 1996
  • A Tale of Two Villages
    This past year, the villages of Bloomingdale and Harwood Heights passed home rule referenda with a wide margin of support. How did they achieve such victories? While the two municipalities initially sought home rule power to attain different objectives, several common factors contributed to the successful initiatives.
  • Local Regulation of Satellite Dishes
    As required by the Telecommunications Act of 1996, the FCC has issued new regulations for satellite dishes. How will the new rules affect municipal control?
  • Legislative Update
    You Leave, You Lose
    Illinois law has long authorized taxing districts to grant property tax abatements as an incentive to companies for locating or expanding within the district. This tax incentive can be provided for up to ten years. But what happens if the business entity receiving such benefit decides to skip town a few years later? Under a new law, the taxing district can penalize the business for betraying its trust.
    “Truth” Prevails
    Employment Record Disclosure Act protects employers and their agents from civil liability for releasing “truthful” written or verbal information about the performance of an employee or former employee in response to an employment reference inquiry.
    Home Rule Takes Another Hit
    New law restricts the power of counties and municipalities to decide what form of guarantee may be used to secure completion of a project improvement.
    Who Will Pay?
    The Illinois Attorney General concludes that legislation which requires self-insured municipalities and counties to include mammogram coverage for female employees 35 years of age or older creates a “personnel mandate.”
  • Challenge to Tax Cap Law Alive and Well
    As taxing districts are painfully aware, in 1991 the Property Tax Extension Limitation Law “capped” the rate of property tax increases in non-home-rule taxing districts in the collar counties and, more recently, in Cook County. Is there any recourse for those who are “injured” by this limitation?
  • Must Towing Companies Toe The Party Line?
    Our federal circuit treats independent contractors and employees differently for purposes of First Amendment protection. The U.S. Supreme Court just ended that practice.
  • Can a Body Sue a Body?
    Under the Open Meetings Act, “any person, including the State’s Attorney of the county” in which noncompliance occurs, may file a civil suit against the public body alleged to have violated the Act. Who exactly is considered a “person”?
  • Detectors Cannot Be Protectors
    In 1992, Delondyn Lawson was shot and killed by a fellow student at Tilden High School. The killer was able to get his gun past the school’s metal detectors which were not in use on that fateful day. This tragedy prompted Delondyn’s mother to sue the Board of Education...
  • You’re the Attorney
    To again test your “procedures and practices” skills, we resume this section with the following scenario...


Local Government News
Spring/Summer 1996
  • Focus: The Sunshine Laws
    Whose Information Is It?
    In a dispute concerning whether Illinois State University’s Athletic Council is a public body, the Illinois Appellate Court had occasion to examine certain provisions of the Freedom of Information Act...
    Open Meetings Act Violated by Meeting of Two Village Officials
    The Illinois Attorney General held that the Open Meetings Act was violated when three newly-elected but unsworn commissioners met with the re-elected mayor and a re-elected commissioner. The purpose of their gathering, for which no notice was provided, was to discuss the appointment of village officials for the next term.
    OMA Decision Will Please Telephone Companies
    The Fourth District Appellate Court has expanded the definition of “meeting” in the Open Meetings Act to include telephone conferences.
  • Legislative Update
    911 Boards Receive Immunity
    Hearing Officer Can Decide Zoning Violations
    Legislature Limits Liability for Contaminated Property
    Validity of Annexation Agreement Terms Clarified
  • Spouse or No Spouse, That Is the Question
    For those who have wondered whether written or unwritten rules preventing spouses from working together are permissible, there is now an answer.
  • A Kiss is Not Just a Kiss
    Quaker Oats’ sexual harassment policy upheld despite being more stringent than Title VII requires.
  • No Way to Treat a Lover
    Village not liable when off-duty police officer shoots boyfriend.
  • Timing Is Everything
    Before voting to reduce or increase any of their salaries, elected officials might have to toss a coin to resolve a statutory conflict.
  • Home Rule Units Treated Like Pests
    An opinion that adversely impacts home rule units was recently issued by the Appellate Court in Village of Schaumburg v. Doyle, 277 Ill.App.3d 832. The Village challenged an amendment to the Illinois Pesticide Act which restricts all political subdivisions except Chicago and Cook County from regulating pesticides...




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