Category Local Government

Deadlines for School Board Candidates

The April election is on the horizon.  Candidates must be mindful of the upcoming dates: Tuesday, September 18, 2018 PETITION CIRCULATION: First day for school board candidates to circulate nominating petitions. Monday, December 10, 2018 CONSOLIDATED ELECTION CANDIDATE FILING: Candidate… Continue Reading →

Snow Way Around It: Court Finds Deliberate Encounter Exception Does Not Apply To Slip And Fall Case Involving Pile Of Snow

Winter is coming……and with it comes the tricky issue of snow removal and liability exposure.  The Fourth District recently issued an opinion that is favorable to those involved in snow removal.  In Winters v. MIMG LII Arbors at Eastland, LLC, 2018… Continue Reading →

General Assembly Amends Local Records Act to Require Public Posting of Severance Agreements with Individuals Who Have Engaged in Discrimination or Harassment

Pursuant to Public Act 100-1040 (“Act”), effective immediately, any unit of local government, school district* or other local taxing body (collectively referred to as a “taxing body”) that enters into a severance agreement with an employee or contractor who has engaged in sex discrimination or sexual harassment is required to publish “information” regarding such… Continue Reading →

Legal Challenge to Waste Transfer Station Siting Fails

In Will County v. Village of Rockdale, 2018 Il App (3d) 160463 (July 5, 2018), the Illinois Appellate Court affirmed grant of waste transfer station siting, holding that a Village had jurisdiction over the matter, an amendment to the siting… Continue Reading →

Employee Termination: An Employers’ Reasons Make A Difference

In a trio of cases handed down by the 7th Circuit on June 19, 2018 the Federal Court of Appeals provided guidance to employers regarding the often difficult issue of employee termination. In Carmody v. Bd. of Trustees of the… Continue Reading →

Illinois Attorney General Issues Guidance Following Janus Decision

On July 20, 2018, the Illinois Attorney General issued guidance to reaffirm the collective bargaining rights of public employees under Illinois law and to provide initial direction on union dues and agency (i.e.,“fair share”) fees under the Janus decision.  See… Continue Reading →

Public Access Counselor Addresses How Local Governments Must Deal with Repeat Requests Under the Freedom of Information Act.

The Freedom of Information Act (“FOIA” or “Act”), 5 ILCS 140/1 et seq., continues to present complications and problems for local governments. In Public Access Opinion 18-007 dated June 26, 2018, the Public Access Counselor (“PAC”) recently addressed the proper… Continue Reading →

U.S. Supreme Court Finds “Fair Share Fees” Unconstitutional: An In-Depth Look at the Janus Case

On June 27, 2018, in Janus v. AFSCME, et al., the U.S. Supreme Court struck down the “fair share fee” provision in the Illinois Public Labor Relations Act (“IPLRA”) finding that extracting such fees from non-members of a union violated… Continue Reading →

Seventh Circuit Holds That When Multiple Issues are Heard in a Condemnation Case, That Issue Preclusion Prevents Rehearing the Individual Issues

The Seventh Circuit recently opined about an important procedural issue in condemnation cases in New West, L.P. v. City of Joliet, No. 17-2865 (7th Cir May 23, 2018). In October 2005, the City filed an eminent-domain suit in state court… Continue Reading →

Supreme Court to Rule on the Constitutionality of Tax-Exemption for Not-For-Profit Hospitals in Carle Foundation Case

As an update to previous articles, the Supreme Court will weigh the constitutionality of a law that lets not-for-profit hospitals skip paying property taxes — a question with potentially hundreds of millions of dollars at stake.  Hearings for this case… Continue Reading →

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