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.


Can a governmental body generally be bound to pay for a contract where extras are approved in a non-authorized way?

Answer: Generally, governmental bodies are protected against lawsuits seeking contract extras where the person authorizing the extras had no authority to do so. In a case recently decided, the City of Chicago was found to be non-liable for the payment of more than $500,000 claimed as extra payments by a company which performed work to design, install, implement and manage a computer information system for the Chicago Department of health. A federal trial judge found and the Seventh Circuit Court of Appeals affirmed a determination that the work performed was outside of the scope of the contract. The system that had been designed did not include a scanning function, but the company had represented that the system had the capacity of receiving scanned data. The company alleged that it performed an extra $500,000 worth of work to satisfy the City and it submitted invoices for that work. The contract contained a provision that: “…unless specifically noted to the contrary, all provisions called for in this project plan are included in the contracted price.” In addition, the ordinances of the City of Chicago require any contract amendment of this nature to be in writing and approved by a specific official. The Court of Appeals said: “Illinois Courts presume a party doing business with a government entity knows two things: (1) He cannot enforce a contract unless the applicable statutory method of executing the contract has been followed; and (2) Statutes and ordinances limit an official’s authority to bind a government entity to a contract while the original contract between Global and the City followed the requirements of State and City statute, the purported modified agreement did not. It is therefore, unenforceable.” The company used every legal and equitable argument possible to convince the Court that Chicago had received the benefit of the work and should pay for it. Chicago won. All governments should include provisions of this nature in their contracts. (U.S. Neurological, Inc. vs. City of Chicago, 572 F.3d 525.)


Is an Agenda required for closed session meetings?

When can an emergency meeting be called?

Is a Mayor, when appointing officers, required to provide a resume or to allow or require that person to be questioned by the Board or Council?

Can a governmental body discuss changing auditors in closed session?

How are closed session minutes to be approved?

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

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?