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Local Government Q&A Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.
Municipal Q&A - February 2005
What are municipalities required to do to restructure firefighter pension boards in April 2006?
ANSWER:
In 2005, Governor Blagojevich signed into law House Bill 1403, which amends the Illinois Pension Code to restructure all Article 4 pension boards. Beginning April 2006, the board for each municipal or fire protection district pension board must be reconfigured to five member boards instead of the current eight or nine member boards. 40 ILCS 5/4-121. This means that all current terms of office will terminate as of April 17, 2006, regardless of whether those terms have been completed. Until the new board is seated, incumbent board members continue to maintain their powers and duties.
Under the new law, two of the five members of the board are to be appointed by the mayor, village president or fire district president. Two members are elected by the fund participants and must be active participants of the pension fund. The fifth member is elected by the retirees of the fund and must also be a retired member of the fund. If there is no retired member, then the fifth board member must be a firefighter. While the new law does not restrict who can be appointed to the pension board, it does give fire unions a controlling share of the board. Currently, all boards require that of the eight to nine board members, three are active firefighters and one is a retiree.
All newly elected board members serve a three year term as under the previous law, but there is no indication as to how long appointed member terms are. In addition, the new law does not include any provision for staggering the initial terms of office.
Previous Questions
Does an arrest or conviction record bar hiring as a police officer or firefighter?
Are Local Governments Eligible
For Grants From Private Foundations?
What Does the New Bankruptcy Law Mean for Municipalities?
Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?
Is it important for governmental bodies to obtain completion and payment bonds for public works projects?
Can a local government ban convicted sex offenders from use of public parks?
Business Development District Sales Tax:
A New Revenue Source for Municipalities
May a local government require a developer to pay the cost of review of development plans?
May a governmental body give money to a charitable or religious organization?
What is the new Illinois law regarding terms of office of elected public officials?
Are religious institutions entitled to special treatment in zoning cases?
What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?
What Must Municipal Officials Do To Comply With The New State Ethics Acts?
Can a special use or variance be granted only to a particular person for for a limited time?
Does charging a fee for private use of public property destroy its tax-exempt status?
Does the one-year tort statute of limitations always apply against governmental bodies?
Do fire protection district codes supercede municipal codes?
Are Courts Especially Hard On Governmental Bodies?
What Are the New Rules About Recording Closed Meetings?
What Does a Municipality Need to Know About Extending
Utility Lines?
Are Courts Especially Hard On Governmental Bodies?
How Can You Achieve Flexibilty in
Health Care Coverages in a Collective Bargaining Agreement?
Are political discussions subject to the Open Meetings Act?
What can be done about IMRF Overfunding?
How can a municipality regulate wireless internet service providers?
How can governments counter unionization?
Where can I find an outline of zoning and planning issues?
How are closed session Minutes taken, approved and reviewed?
Will insurance companies and governmental pools cover claims
for "regulatory takings?"
Who gets to choose the municipal attorney?
How are the Open Meetings Act and FOIA impacted by municipal
elections?
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