Author Erik Peck

Municipal Towing and Administrative Fees Found to be Constitutional

In Lehhy, et al. v City of Carbondale, 2023 IL APP  220542 the Plaintiff alleged that the City’s administrative fees were unconstitutional and that the City was reimbursed twice for the costs through administrative/ordinance fees and the Illinois Criminal and… Continue Reading →

Update on Proposed TIF and Economic Development Legislation

Here is a brief update on the proposed Tax Increment Financing (TIF) legislation and economic development legislation. The primary TIF Legislation proposed is the Senate Committee Amendment 2 to SB 1391 (Sen. Gillespie, D-Arlington Heights). This legislation includes a number of… Continue Reading →

Attorney-Client Privilege As FOIA Exemption

It’s 2022 and the PAC is back! In its first opinion in 2022, in a binding opinion, the PAC ruled in favor of a public body in a FOIA appeal involving the attorney-client privilege exception of FOIA. On October 4, 2021,… Continue Reading →

Can A Candidate Rely On Signature Requirement Information Supplied By A Municipal Clerk?

Before an election, some municipalities will supply a packet of information to prospective candidates indicating the number of signatures required by law to be placed on a ballot. However, can a prospective candidate rely on the number of required signatures provided… Continue Reading →

What Qualifies as “Probable or Imminent” Litigation to Move into Closed Session?

On March 4, 2021, the PAC issued a binding opinion finding a City Council in violation of the Open Meetings Act when it went into closed session under the “probable or imminent litigation” exception, Section 2(c)(11) of the OMA and the… Continue Reading →

Local Board Of Fire And Police Commissioners Restrictions On Party Affiliations

Is your Board of Fire and Police Commissioners in compliance with the law in regard to party affiliations? The Illinois Municipal Code 65 ILCS 5/10 2.1 3, states in part that “No more than two members of the board shall belong… Continue Reading →

Does Your Clerk Accept Nomination Petitions?

Consolidated Election First Tuesday in April April 6, 2021 As the April 2021 election fast approaches, many clerks and local election officials will be responsible for accepting nomination petitions. Generally, a receipt upon the filing of a petition is provided but… Continue Reading →

Does FOIA Require Providing Documents From A Third-Party Vendor?

The Attorney General’s Office has issued a new binding opinion (PAC Opinion 20-006) on a FOIA request which sought to obtain records from the Illinois Department of Corrections (IDOC) regarding data on head injuries incurred by inmates in IDOC custody… Continue Reading →

Does FOIA Require Maintaining Records As Well As Providing Them?

On the last day of 2019, the Public Access Counselor (PAC) released its last binding opinion of the year. In PAC Opinion 19-013, the PAC found the City of Bunker Hill in violation of Illinois’s Freedom of Information Act (FOIA) for… Continue Reading →

Hiring Out of State Trained Police Officers

Often when police departments are looking for qualified candidates, many times applicants are certified out of state police officers. Thus, the question is, how does a municipality proceed with such a candidate? The municipality may have the candidate complete the… Continue Reading →

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