Local Government Lowdown

Get insights and analysis on all the latest Illinois government legal news from Tressler’s local attorneys.

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 of Economic Interests must be filed with the County Clerk of the county in which the principal office of the unit of government with which the person is associated is located. If you are required…
On March 23, 2021, the Governor signed legislation into effect amending the Illinois Human Rights Act to prohibit employers from barring applicants with conviction records from employment opportunities. Employers are now required to participate in an interactive process with the applicant/employee to determine whether there is a substantial relationship or unreasonable risk between the conviction noted in the records and the employment opportunity. The amendment provides employees the right to receive written notice of the employer’s…
Last week, a Federal Judge dismissed Section 1983 civil rights violation claims against Evanston Township High School district officials. The dismissed claims include violations of due process, equal protection and Title IX. Claims alleging that administrators failed to supervise security guards, resulting in sexual abuse by security guards, were allowed to stand. The suit, filed on behalf of a former student and her mother, alleges that the district’s employees had a “code of silence” that…
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 exact wording is as follows: (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the…
Does your school district provide special education services to students 18 to 21? If so, it is important that you keep a close eye on HB-0040. This bill was recently introduced into the House of Representatives and proposes to amend the Children with Disabilities Article of the School Code (105 ILCS 5/14-1.02). The current statutory language affords a student with a disability the right to continue to receive special education services from their school district until the…
A recent ruling of the Seventh Circuit Court of Appeals overturned a $44.7 million verdict against the City of Chicago after a Jury found the City liable for one of its officer’s actions while off duty. In First Midwest Bank as Guardian v. City of Chicago, the Plaintiff, a shooting victim, sued the City of Chicago after he was shot during an argument by his friend, a Chicago police officer. Plaintiff claimed that the City…
In Hickey v. Protective Life Corp., No. 20-1076, 2021 WL 525088, (7th Cir. Feb. 12, 2021), the 7th Circuit affirmed the district court’s granting of summary judgment in favor of the defendant-employer in the plaintiff-employee’s Family Medical Leave Act (FMLA) case in which he alleged that his performance reviews were negatively impacted by his taking an FMLA leave in violation of 29 C.F.R. §825.220(c) (stating that “employers cannot use the taking of FMLA leave as…
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 to the same political party existing in such municipality at the time of such appointments as defined in 10-2 of the Election Code. If only one or no political party exists in such municipality at…
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, or issue or engaging in political discussion within 100 feet of a polling place. 10 ILCS 5/7-41(c), 5/17-29. Electioneering may take the form of either verbal communication or nonverbal communication – displaying signs, wearing campaign buttons, or…
We are proud to announce that Tressler’s local government attorneys have been selected as 2021 Illinois Super Lawyers and Rising Stars. John O’Driscoll and Stephen Grossmark have been selected as 2021 Illinois Super Lawyers, and Christine Walczak and James Hess have been selected as 2021 Illinois Rising Stars. 2021 Illinois Super Lawyers John M. O’Driscoll – Civil Lit: DefensePartner John is a partner and Co-Chair of our Government Practice Group. His practice includes representing companies…