2017 is Coming...And So Are New Laws

2017 is Coming...And So Are New Laws

  Wednesday, November 30, 2016    Julie Tappendorf

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As we get closer to the end of 2016, it is important for public bodies to understand and ready themselves for all of the new laws that will take effect at the beginning of 2017 that affect local governments.  The IML published an article in the December edition of the Illinois Municipal Review that includes a comprehensive list of these new laws.  We have summarized just a few of these...

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Court Interprets "Public Recital" Requirement of OMA Prior to Final Action

Court Interprets "Public Recital" Requirement of OMA Prior to Final Action

  Tuesday, November 29, 2016    Julie Tappendorf

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We don't get a lot of guidance from Illinois courts on compliance with the Open Meetings Act (OMA) (most of our guidance has come from the Public Access Counselor) but today's case is an exception.  Allen v. Clark County Park District Bd of Commissioners, 2016 IL App (4th) 150963. This case is an important one for all public bodies to understand, as it interprets the OMA's "public recital"...

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Complete Failure to Respond to FOIA is a Violation

Complete Failure to Respond to FOIA is a Violation

  Tuesday, November 22, 2016    Julie Tappendorf

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It's the year end rush for the Illinois Attorney General to publish binding Public Access Counselor (PAC) opinions.  Today's opinion is interesting more for what it didn't say, than what it did. Last week, the PAC issued PAC 16-010, finding the Chicago Public Schools (CPS) in violation of FOIA for failing to timely respond to a FOIA request. The Sun-Times had filed a FOIA request seeking...

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Chicago's Shared Housing Ordinance is Challenged in Court

Chicago's Shared Housing Ordinance is Challenged in Court

  Monday, November 21, 2016    Julie Tappendorf

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Airbnb, Home Away, and other home sharing services have been under scrutiny by a number of municipalities across the country, some of which have enacted ordinances and other regulations restricting, and in some cases, even prohibiting homeowners from renting out their homes through the websites offered by these services. Recently, a group of Chicago homeowners (represented by the Liberty Justice...

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Village Responsible for TIF Refund Reimbursement

Village Responsible for TIF Refund Reimbursement

  Friday, November 18, 2016    Julie Tappendorf

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The Village of Arlington Heights adopted its first TIF district in 1983, and a second one in 1986. The Village developed a variety of properties within the TIF districts over the years, including public garages, a park, train station, theater, and various other improvements. Pursuant to the TIF Act, the Village received all tax increment attributable to the increase in property values within the...

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Validity of Rezoning Action Remanded Back to Trial Court

Validity of Rezoning Action Remanded Back to Trial Court

  Thursday, November 17, 2016    Julie Tappendorf

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In 2012, Logan County adopted a resolution approving a rezoning application of a parcel of land from an agricultural district to a manufacturing district, to allow limestone mining operations. Shortly thereafter, neighboring property owners filed suit to challenge the rezoning. In 2015, Logan County amended the rezoning approval. After plaintiffs filed their third amended complaint challenging the...

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Repeal of Property Tax Rebate Not a Taking

Repeal of Property Tax Rebate Not a Taking

  Wednesday, November 16, 2016    Julie Tappendorf

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A resident sued the City claiming that the City's repeal of a previous ordinance that provided a 25% tax rebate to qualifying homeowners (and failure to pay the rebates) was an unconstitutional "taking" of her property in violation of the Fifth Amendment of the U.S. Constitution. Both the district court and the Seventh Circuit Court of Appeals rejected her claims, and dismissed her case in Bell...

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Binding PAC Opinion Addresses Right to Privacy of Former Elected Official

Binding PAC Opinion Addresses Right to Privacy of Former Elected Official

  Tuesday, November 15, 2016    Julie Tappendorf

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As we reported yesterday, the Public Access Counselor (PAC) issued two binding opinions in November. The second, PAC Opinion 16-009, addressed five FOIA requests from reporters to the Village of Downers Grove, which each sought police records and reports related to former State Representative Ronald Sandack, who lives and works in the Village. As some of you may recall, Sandack resigned...

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Binding PAC Opinion Provides Guidance on "Unduly Burdensome" Provision of FOIA

Binding PAC Opinion Provides Guidance on "Unduly Burdensome" Provision of FOIA

  Monday, November 14, 2016    Julie Tappendorf

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Two binding opinions were recently issued by the PAC - that's 2 in one month and it's only November 10th! We'll report on these over the next two days. In PAC Op. 16-008, the PAC found a public body in violation of FOIA for improperly denying a  FOIA request as unduly burdensome. The request asked for digital copies of emails between a City official and planning consultants from June 1 through...

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Bill Would Authorize Recall of Certain Illinois Elected Officials

Bill Would Authorize Recall of Certain Illinois Elected Officials

  Thursday, November 10, 2016    Julie Tappendorf

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Illinois State Representative Kenneth Dunkin recently introduced House Bill 6616, also known as the Laquan McDonald Act, to the General Assembly.  If passed, the new law would establish a procedure to allow voters to recall the Chicago Mayor, a Chicago Alderman, or the Cook County State’s Attorney.  While the process does vary depending on which office is being recalled, two documents...

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Cook County Adopts Minimum Wage Ordinance

Cook County Adopts Minimum Wage Ordinance

  Monday, November 07, 2016    Julie Tappendorf

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Cook County recently took action that will certainly be of interest to Cook County municipalities, as the county's new minimum wage law applies throughout Cook County, even in incorporated areas within cities and villages. Although municipal employees are exempt from the law, most businesses within Cook County will be subject to the new law. A summary of the new law first posted on our sister...

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School District Not Liable for Student Bullying Claims

School District Not Liable for Student Bullying Claims

  Wednesday, November 02, 2016    Julie Tappendorf

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Two sisters and their parents sued Consolidated School District 230 alleging breach of contract and tort claims related to the conduct of the sisters’ basketball teammates. Mulvey v. Carl Sandberg High School et al, 2016 IL App (1st) 151615 (October 28, 2016). The complaint alleged that the sisters were ignored, harassed, humiliated, physically assaulted, injured and intimidated by their teammates...

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