Local Government Lowdown

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

On June 11, 2021, the State of Illinois officially moved into Phase 5 of the Restore Illinois Plan. This means that all businesses, large-scale events, conventions, amusement parks, seated spectator events and more can resume operating at full capacity. Additionally, in accordance with the Centers for Disease Control and Prevention, there is no longer an outdoor mask requirement and the Department of Commerce and Economic Opportunity (DCEO) guidance that has been governing business operations throughout the…
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 by the municipality? The answer is… no! A controversy arose out of the Village of Glendale Heights where the Village Clerk distributed candidate packets with the wrong information in them.  The Clerk had reviewed the…
We are excited to welcome Darcy Proctor as a partner in Tressler’s Local Government Practice Group in Chicago. Darcy concentrates her practice in the defense of local governments in all aspects of tort, civil rights liability and employment litigation. She also defends private sector employers across a variety of employment law issues.  “I am honored to join Tressler’s Local Government Practice Group,” said Darcy Proctor. “I look forward to working with this extraordinary team of…
In Greer v. Board of Education of the City of Chicago, 2021 IL App (1st) 200429, the appellate court found that reviewing 28,000 pages of records responsive to a FOIA request was not unduly burdensome. On October 12, 2018, Tyrone Greer (“Greer”) submitted a FOIA request to the Board of Education of the City of Chicago (“Board”) seeking records related to racial discrimination claims he made between 1999 and 2005. There were approximately 28,000 pages…
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…