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.


What can our government do if our local assessor and county clerk, in a tax cap county, fail to properly extend our tax levy against uncapped new construction?

Answer: In many counties the officials send governmental bodies indications of the way in which assessments on existing and new property is established along with the tax rates that are created from the levy ordinances. These documents should be checked when received. Some times if an error is made by a county taxing official, the government can increase its levy in a subsequent year with perhaps a slight loss in interest income. If that is not allowed or possible, a lawsuit can be filed against the officials seeking recovery of the funds which otherwise should have been collected. (720 ILCS 5/33E-9) Either the Corporate Authorities of the governmental body or a designee must find that one of three things have occurred to allow for the Change Order to be approved. A written determination and the written Change Order resulting from the determination must be preserved in the contract’s file and also shall be open to the public for inspection.


What does a governmental body need to do to approve a Change Order to a contract previously entered into?

If a subcontractor paints a governmental building and is not paid by the general contractor, can a lien be filed on the public building?

How can legislative intent be determined?

Can a governmental body make a profit on its license regulations?

Can a municipality license doctors?

Do governmental bodies need to list the exact statutory reason in a motion to go into closed session?

Can a member of a public body who is on vacation participate in a meeting by electronic means?

Can a citizen require elected officials to answer questions during a public meeting?

Is there any real consequence to a municipality that fails to pass its budget on time?

Where does the local governmental attorney sit during a public meeting?

Our local municipal ordinances provide that with the "concurrence of two-thirds of the members elected a member may be expelled." Is this lawful?

Can a citizen require that public officials respond to his or her written questions or questions raised at a public meeting?

Can a governmental body hold a meeting on the 1st day of January?

Can a municipality limit access to its public parks or beaches?

Can a municipality forbid parking on residential public streets?

Can an elected or appointed member of a governmental body be barred from a Closed Session meeting?

Can a person be an elected official in two governmental bodies?

What can a citizen do if the municipality in which she lives does not enforce its zoning ordinances?

Is the public allowed to place an item on an agenda?

Is a member of a local governmental or school district legislative body entitled to speak as many times as he or she wishes on a particular matter?

Who hires the Municipal Attorney?

As the Clerk for my government, I tape record open meetings for the purpose of helping me produce minutes. Are these tapes subject to the Freedom of Information Act?

How is a member of a Legislative body to determine whether he or she should not vote on a matter due to a conflict of interest?

How is a member of a Legislative body to determine whether he or she should not vote on a matter due to a conflict of interest?

Who gets to choose the Agenda for meetings of governmental bodies?

Another governmental body wants to give our governmental body a Quit Claim Deed for some land that we are willing to accept. Is this adequate?

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

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?