Author John O'Driscoll

Reminder: May 1st Deadline for Filing of Statement of Economic Interests

The Illinois Governmental Ethics Act, 5 ILCS 420/4A-101 et seq., requires certain local government officials and employees to file a verified written statement of economic interests (“Statement of Economic Interests”) on or before May 1st of each year. In most cases, the Statement… Continue Reading →

Election Season, Electioneering and Campaign Sign Reminders

As Election Day creeps closer and candidate signs litter the landscape, a brief reminder regarding legal restrictions on political signage is appropriate: Electioneering outside the 100-foot campaign-free zone is permitted “Electioneering” is conduct that urges a vote for or against… Continue Reading →

Strip Search By Transgender Guard Violated Inmate’s Religious Rights

Transgender legal issues can be tricky for local government bodies. The Seventh Circuit Court of Appeals recently ruled for a Muslim inmate who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard. West v. Radtke,… Continue Reading →

New Web Accessibility Guidance Under the Americans with Disabilities Act

The Department of Justice (DOJ) published guidance on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA… Continue Reading →

City Found to Have No Duty Regarding Pothole Due to Tort Immunity Act and Open and Obvious Condition

Plaintiff fell in a pothole and was injured while crossing a service drive next to her home and so sued the City of Chicago. The City’s Tort Immunity Act motion for summary judgment was affirmed on appeal. Crespo-Fregoso v. City of… Continue Reading →

Reminder: May 1st Deadline for Filing of Statement of Economic Interests

The Illinois Governmental Ethics Act, 5 ILCS 420/4A-101 et seq., requires certain local government officials and employees to file a verified written statement of economic interests (“Statement of Economic Interests”) on or before May 1st of each year. In most cases, the Statement… Continue Reading →

Sign, Sign, Everywhere An Election Sign. Blockin’ Out The Scenery, Breakin’ My Mind

Election season is upon us again. Public entities should be aware of the legal restrictions on political signage: Electioneering outside the 100 foot campaign free zone is permitted “Electioneering” is conduct that urges a vote for or against a party, candidate,… Continue Reading →

New Department of Labor Rule Regarding Employee Versus Independent Contractor Under FLSA

Classification of an employee as an independent contractor can make employers liable for employment taxes.  https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation.  Generally, an employer must withhold income taxes, withhold and pay Social Security and Medicare taxes and pay unemployment tax on wages paid to an employee…. Continue Reading →

Election Selfie of Completed Ballot Is Still a Felony!

On November 6, 2018, the day of the midterm elections, the plaintiff, Trista Oettle, reported to her assigned polling place in Clinton County to cast her vote. One of the defendants, the election judge on that date, was asked by… Continue Reading →

Illinois Supreme Court Reiterates That Police Ticket Quotas Are Impermissible

In Policemen’s Benevolent Labor Committee v. City of Sparta, 2020 IL 125508 (November 19, 2020), the City’s “activity points system” required all full-time police officers to meet a monthly points minimum. The system was used to give an award for… Continue Reading →

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