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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 - April 2008:
After a board, council or commission has voted on an issue, can a member change his or her vote?
Answer:
Robert's Rules of Procedure provides a method for reconsideration of a question after a vote has been completed. Many public bodies have adopted Robert's Rules as the rules for parliamentary procedure of public meetings, covering matters which are not addressed by state or local law.
A motion to reconsider a previous vote can be made at the same meeting at which the vote was held (or in some cases, at the next regular meeting) by a member who voted on the prevailing side. That is, if the motion was defeated, only a member who voted against it may move to reconsider. The motion to reconsider must be seconded and must pass by a majority vote. If the motion to reconsider is passed, the original motion is back on the floor for discussion and voting, as though no vote had been taken. The members then vote again on the original issue, and may vote differently than they did the first time. Apart from this procedure, there is no way to change a vote once it has been made.
Previous Questions
Can a Mayor replace all the Zoning Board of Appeals members?
How can a municipality collect unpaid bills?
What government has jurisdiction over land subject to an annexation agreement, but not yet annexed to the municipality?
Can a public body adjourn to closed session if the subject of the closed meeting is not on the agenda?
Can a municipality shut off water to a multi-tenant building when the landlord, or another tenant, fails to pay a water bill?
Can a municipality regulate the sale of alcoholic beverages over the Internet?
What Can a Municipality Do About the Proliferation of Non-Tax Generating Banks in Prime Retail Areas?
What must a municipality do to allow "electronic participation" in public meetings?
Can a municipality restrict political campaign signs on private property?
Must a municipality prohibit religious groups from using public facilities for meetings and announcements even though non-religious groups are permitted to do so?
May a local government body utilize video surveillance equipment to monitor the activities of its residents without first obtaining a warrant or providing notice to residents with a posted sign?
What are municipalities required to do to restructure firefighter pension boards in April 2006?
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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