Local Government Lowdown

Author

John O'Driscoll

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 →

Key Dates for the Upcoming 2021 Election

Election season is rapidly approaching. Candidates for the April 2021 election can start circulating nominating petitions on September 22, 2020.  Candidates should carefully check compliance with the rules and deadlines: Monday, December 14, 2020. The first day for candidates to file… Continue Reading →

Qualified Immunity Trumps Excessive Force Claim Where Plaintiff Tried To Ram Officer

Recent events have brought forth media discussions of qualified immunity in the context of the use of deadly force. The Seventh Circuit Court of Appeals recently affirmed a federal trial court’s grant of a defendant police officer’s motion for summary judgment in… Continue Reading →

Recent Legislation

Change To The Open Meetings Act Exemption Regarding Employment The Governor recently signed an amendment to the Open Meetings Act into law effective immediately. 5 ILCS 120/2(c). The law had allowed public bodies to go into closed session to discuss… Continue Reading →

The Future Is Now: Artificial Intelligence Can Now Be Used During Job Interviews

In a surprisingly cutting-edge move, the State of Illinois has enacted the Artificial Intelligence Video Interview Act.  Public Act 101-260 becomes effective January 1, 2020. An employer seeking to record video interviews and use artificial intelligence to analyze job applicant… Continue Reading →

© 2021 Tressler LLPDisclaimer | Privacy Policy

Tressler Blog Network Bad Faith BulletinCGL DispatchCondo Law WatchPrivacy Risk ReportThe Property LineSpecialty Lines Advisory