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.


How does the recent change to the Open Meetings Act affect five-member boards and commissions?

Answer: P.A. 95-245, effective, August 17, 2007, amends the definition of "meeting" for five-member boards and commissions, so as to permit two members of such bodies to talk to each other without violating the OMA. For other, larger public bodies, the definition of a meeting is "a majority of a quorum" gathered to discuss public business. In the case of five-member boards and commissions, a majority of a quorum is two, so no two members could ever talk to each other about public business without violating the Act. The new definition, applicable only to five member public bodies, boards and commissions, is "a quorum" rather than "a majority of a quorum." Since two members do not constitute a quorum of a five member body, they can talk without violating the Act.

However, three members do constitute a quorum, and so a meeting could take place even if two members were absent. In order to prevent two members attending a meeting from being able to control voting when two members are absent, the OMA is also amended to require that, in a five member board or commission, THREE AFFIRMATIVE VOTES ARE REQUIRED TO APPROVE ANY MOTION, RESOLUTION OR ORDINANCE, unless a greater number is otherwise required. So if two members are absent, two vote yes and one votes no or abstains, the motion fails, because there are not three AFFIRMATIVE votes. (An abstention is not an affirmative vote.)


Is an advisory committee to an elected official subject to the Open Meetings Act?

Is a governmental body liable for a workers' compensation claim by a volunteer who was injured while providing free services to the government?

Can a governmental body use fundraising events such as requests for contributions, bake sales and other activities in an effort to increase revenues?

Can candidates for public office rely upon the validity of documents for candidacy handed out by an election official?

Are temporary employees given collective bargaining rights?

Can a non-home rule government use omnibus voting at board meetings? What steps are necessary to implement the process?

Can a Municipality Prosecute its Own Ordinance Violations Outside the Court System?

What are the Open Meetings Act and Freedom of Information Act implications with the use of technology?

Can a secretary to a department head in a unit of local government be excluded from membership in a collective bargaining unit because the secretary would have access to confidential information about the government's bargaining position?

What is a local governmental body to do when a Developer files for bankruptcy before transferring the land promised to a governmental body or paying impact fees?

State law says that to veto an ordinance, a mayor must return it to the Board (or Council) with "written objections." Are there requirements or limitations regarding what kind of "objections" are valid to constitute a veto?

Who decides parliamentary issues?

After a board, council or commission has voted on an issue, can a member change his or her vote?

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?