Prosser Rule Applied to City Council's Appointment of Clerk

Prosser Rule Applied to City Council's Appointment of Clerk

  Thursday, May 14, 2026    Julie Tappendorf

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It isn't often that the Illinois courts apply the "Prosser Rule" to the vote of a city council, but an Illinois Appellate Court did just that recently in Christian v. Buscher. 

In 2025, a city council held a special meeting to vote on the appointment of a person to fill a vacant city clerk position. The city council (made up of 10 elected aldermen and the mayor) voted five "yea," three "nay," and two "present" on the motion to approve an ordinance to appoint a sitting alderman to fill the clerk position. The mayor (who did not vote) announced that the measure passed. The alderman who was being appointed voted in favor of his appointment.

A citizen filed a lawsuit to challenge the vote on the appointment, arguing that the measure did not receive the necessary six votes to approve an ordinance. Specifically, the citizen argued that the two "present" votes should not have been counted towards the majority who did vote in favor of the measure. The citizen also argued that the favorable vote of the alderman who was being appointed should not have been counted. The circuit court dismissed the case and it was appealed to the Appellate Court.

The Appellate Court first analyzed the Illinois Supreme Court's Prosser v. Village of Fox Lake case where the Supreme Court held that an ordinance was validly approved even though a member of the board was present but did not vote, finding that the non-vote counted towards the majority of "yea" votes. The Court explained that if a measure requires an "affirmative" vote of the majority, then "voting to 'abstain,' or to 'pass,' or voting 'present' or of refusing to vote when present at a meeting" counts as a "nay" vote. However, if a measure requires a "concurrence" vote of the majority, a vote of pass, present, abstain, or a failure to vote counts as an acquiescence or concurrence with the majority, based on the "general rule" that those members present at a meeting "must vote against a proposal in order to defeat it." 

Because the city ordinances required a "concurrence of a majority" to pass an ordinance, the Court found that the ordinance being challenged was validly approved because the two "present" votes were properly counted with the "yea" votes based on the Prosser Rule. The Court also rejected the argument that the vote of the alderman being appointed should not have been counted, finding that even without his vote, the measure passed. As a result, the Appellate Court upheld the dismissal of the case challenging the appointment.

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Illinois General Assembly Fall Session

Illinois General Assembly Fall Session

  Wednesday, November 15, 2023    Julie Tappendorf

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The Illinois General Assembly adjourned its fall veto session last week. Before the session ended, the General Assembly acted on a few bills of interest that may be of interest to local governments. We summarized just a few of these below but note that these bills have not yet been enacted and are still awaiting Governor action. We will provide updates if these bills become law.

Electric Vehicle Charging Act Amendment (SB 0384)

We previously reported on the Electric Vehicle Charging Act. If signed by the Governor, this would clarify current language in the Act that refers to multi-family housing. Instead of using both “multi-unit” and “multifamily” residential buildings, this bill solves the ambiguity by only using the term “multifamily” residential buildings. Also, the bill would expand the definition of who is subject to the Act to include unit owners, tenants, landlords, associations of both newly constructed and existing single-family homes, and multifamily residential buildings with parking spaces.

2024 Township Elections (SB 0690)

If signed by the Governor, this bill would prevent a municipality from placing a mental health measure on their primary or general election ballot in 2024 if that municipality is in the same township where a community mental health measure was approved on the 2022 general election ballot.

Eligibility for Public Office (HB 0351)

If signed by the Governor, this bill would do two things. First, it would create a task force comprised of officials responsible for reviewing what criminal conduct currently disqualifies individuals from holding public office and making recommendations as to what criminal conduct should prevent an individual from holding public office. Then, the task force would produce a report, due May 1, 2025, to share its findings. Second, the bill would ban any person convicted of a felony, bribery, or perjury while serving as a public official from holding any local public office unless that person’s conviction was reversed or pardoned by the Governor.

Post Authored by Daniel Lev, Ancel Glink

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Attorney General Issues Opinion on Pension Forfeiture for Former State Representative

Attorney General Issues Opinion on Pension Forfeiture for Former State Representative

  Tuesday, June 28, 2022    Julie Tappendorf

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Last week, the Illinois Attorney General issued an opinion responding to a question about pension forfeiture. Att'y Gen Op. 22-001. (Note that this opinion is not issued by the PAC office and is unrelated to that office's duties relating to OMA and FOIA).

The opinion was in response to a question raised by the General Assembly Retirement System (which deals with pension benefits for General Assembly members) as to whether former state representative Arroyo's guilty plea for felony wire fraud charges requires forfeiture of his pension benefits. 

The Attorney General looked at Section 2-156 of the Pension Code which requires the forfeiture of retirement annuities and other pension benefits if a member is convicted of a service-related felony, as follows:

None of the benefits herein provided for shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a member.

The Attorney General noted that the purposee of the felony forfeiture provision was to discourage official mimsconduct by denying retirement benefits to public servants convicted of violating the public trust.

In applying this section of the Pension Code to the former representative's guilty plea, the Attorney General determined that his guilty plea for wire fraud "related to, arose out of, or was in connection with his official duties as a State Representative." Specifically, the Attorney General noted that the former representative's criminal conduct occured while he was a member of the state house, and the underlying facts of the offense demonstrated that he used his position as a state representative to obtain financial benefit for himself when he accepted monetary payments in exchange for a promise to vote in favor of legislation to legalize sweepstakes gaming machines.  

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Bills Propose Changes to Employee-Related Legislation

Bills Propose Changes to Employee-Related Legislation

  Tuesday, June 08, 2021    Julie Tappendorf

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Today, we are providing updates to employee-related bills that passed both houses of the General Assembly and are now awaiting Governor action.

If signed by the Governor, SB 539 would make changes to the Illinois Government Ethics Act and related ethics statutes. 

First, the legislation would modify the economic interests that certain government officers are required to disclose annually when they file their economic interest statement under the Act. For example, an individual required to file a statement of economic interest must also include certain interests of spouses and minor children. The Secretary of State would be required to publish guidance for completing and filing the disclosure statements given the changes made by this legislation. Also, so long as a filer reasonably relies in good faith on the Secretary of State's guidance, the filing will not constitute a willful false or incomplete statement. 

In addition, the proposed amendments would prohibit certain county, municipal, and township officials from being compensated for any activity by a lobbyist or lobbying entity, and amend the requirements for lobbyist registration. 

The bill also preempts municipal regulation of lobbyists that would conflict with the statutory regulations, except for the City of Chicago.

SB 2486 would amend the Personnel Records Review Act, which restricts the release of disciplinary records of employees in Illinois and requires notice be provided to an employee when their records are set to be released. If the amendment is signed by the Governor, employees who wish to file a complaint with the Department of Labor or in court based on a perceived violation of the Act may do so within three years of the disclosure of the disciplinary record in question. 

Post Authored by Erin Monforti & Julie Tappendorf, Ancel Glink

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IML Offers Virtual Newly Elected Officials Training

IML Offers Virtual Newly Elected Officials Training

  Monday, May 24, 2021    Julie Tappendorf

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For those newly elected officials who missed last week's Newly Elected Officials Training hosted by the Lake County Bar Association last week, the Illinois Municipal League has released a virtual training that you can access on the IML's website. The topics include the Basics of Municipal Government, Open Meetings Act, Ethics and Conflicts of Interest, and a Legislative Update.

It looks like you have to enter your name, contact information, and municipality to access each training session, so the training may be limited to municipal members of the IML.

Also, this training offers some good news for municipal officials who haven't been able to access the Attorney General's electronic OMA training because of the website hack - according to the IML's website, a municipal official who completes the Open Meetings Act training can obtain a certificate of completion to satisfy the statutorily required OMA training for newly elected municipal officials. 

You can find out more about the NEO training on the IML website page here.

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Quorum Forum Podcast 52: Ethics for Newly Elected Officials

Quorum Forum Podcast 52: Ethics for Newly Elected Officials

  Friday, May 07, 2021    Julie Tappendorf

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Ancel Glink's Quorum Forum Podcast just released a podcast episode on government ethics that will be helpful to our newly elected officials (and those who want a refresher):  Episode 52: Ethics for Newly Elected Officials

In this episode, we celebrate three years of Ancel Glink's Quorum Forum Podcast (how time flies!), and with so many newly elected officials starting their terms this month, we're celebrating responsibly by reviewing ethics and conflicts of interest with Keri-Lyn Krafthefer and the Illinois Association of County Board Members.

What are some of your most common ethics questions? Email us at podcast@ancelglink.com. 

 

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Illinois General Assembly Sends Criminal Justice Reform Bill to Governor

Illinois General Assembly Sends Criminal Justice Reform Bill to Governor

  Thursday, January 14, 2021    Julie Tappendorf

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Yesterday, the Illinois General Assembly completed the 101st General Assembly. Before adjourning, the legislature passed new legislation, including HB 3653, the criminal justice reform bill. The bill is more than 700 pages long, so we are still getting through it, but we did want to share the Illinois Municipal League's summary of the bill that ultimately passed both the Illinois Senate and House and has been sent to the Governor. If the Governor signs the legislation, it will become effective on July 1, 2021, although certain provisions have delayed effective dates. 

You can read the IML summary here. We have also summarized some of the key points of the bill that will affect local governments below:

Constitutional Rights and Remedies

The bill creates a Task Force on Constitutional Rights and Remedies to develop policies and procedures to review and reform constitutional rights and remedies, including qualified immunity for police officers. Note that previous versions of this bill had also included the elimination of qualified immunity but that was not part of the approved bill.

Process for Whistleblower Complaints

The bill amends the Public Officer Prohibited Political Activities Act to modify the whistleblower and retaliation provisions for employees who report violations of this Act by local government employees or contractors, and requires employees who invoke this Act to file a written report to the appropriate auditing official. 

The bill also requires the "auditing official" of the government agency to establish a written process and procedures for managing complaints filed under this Section. For local governments, the "auditing official" is defined as that elected, appointed, or employed official with the local government with responsibility for investigating employee misconduct. If no such individual exists, the County States Attorney will serve as the auditing official.

This bill will likely require some action by units of local government to designate the appropriate "auditing official" and put in place written policies and procedures for managing complaints filed under this new law.

Permanent Retention of Police Misconduct Records

The bill amends the Local Records Act to provide that police misconduct records and records relating to complaints, investigations, and adjudications of police misconduct must be permanently retained and may not be destroyed.

Mental Health Screenings

The bill requires the ILETSB to establish statewide minimum standards regarding regular mental health screenings for probationary and permanent police officers.

Police Officer Training 

The bill requires the curriculum for probationary police officers to include training on use of force, de-escalation, officer safety, and high-risk traffic stops, among other topics. New training on emergency medical response, crisis intervention, and officer wellness and mental health are also added to the required training for police officers. The bill also requires ILETSB to establish rules and minimum standards for in-service training of at least 30 hours every 3 years. The bill requires ILETSB to approve a standard curriculum for crisis intervention training.

Officer-Worn Body Cameras

The bill requires all law enforcement agencies to employ the use of officer-worn body cameras and sets a schedule for implementation, as follows:

• Municipalities with population of 500,000 or more - January 1, 2022
• Municipalities with population between 100,000 and 499,999 - January 1, 2023
• Municipalities with population between 50,000 and 99,999 - January 1, 2024
• Municipalities with population under 50,000 - January 1, 2025

Law enforcement agencies that comply with these requirements will receive preference for grant funding. The bill also requires annual reporting of the use of body-cameras to ILETSB on or before May 1st of each year.

Law enforcement agencies have additional new reporting requirements, including reporting on incidents where officers are dispatched to deal with someone experiencing a mental health crisis, reporting on use of force, including actions that result in death or serious bodily injury or discharge of firearm at or in the direction of a person.

Uniform Peace Officers' Disciplinary Act

The bill amends this Act to remove a requirement that an officer be informed of names of complainants prior to an administrative proceeding and the name, rank, and unit of the officer in charge of the investigation.

The bill also removes the requirement that complaints against sworn officers be supported by a sworn affidavit, and states that this ban applies to any collective bargaining agreement entered into after the effective date of the bill.

The bill also allows someone to file notice of an anonymous complaint to the ILETSB of any misconduct of an officer. Note that this provision takes effect on January 1, 2023

Municipal and Counties Code - Military Surplus Equipment

The bill amends the Municipal Code and Counties Code to prohibit law enforcement agencies from requesting or receiving certain equipment from any military surplus program. To the extent equipment is not on the prohibited list, agencies must publish notice prior to requesting that equipment. This provision preempts home rule authority.

Use of Deadly Force and the Criminal Code 

The bill amends the Criminal Code to modify the provisions regarding police officer justification for use of force to add language regarding the "totality of the circumstances". Also requires police officers, where feasible, to identify as a police officer prior to use of force and to warn that deadly force may be used unless the officer has reasonable grounds to believe the person is aware of these facts. Prohibits the use of deadly force if the police officer does not believe the person does not pose an imminent threat of death or serious bodily injury to the officer or another person. Also prohibits use of deadly force in a property offense situation unless that situation involves terrorism or deadly force is otherwise authorized by law. 

Prohibited Use of Force

The bill prohibits police officers from using a restraint above the shoulders with risk of asphyxiation, as well as continuing to prohibit the use of chokeholds. The bill also prohibits use of force as punishment or retaliation, the discharge of projectiles aimed at the head, pelvis, or back or indiscriminately into a crowd, and the use of chemical irritants, including pepper spray and tear gas, prior to issuing an order to disperse. The bill also prohibits the use of force to prevent escape.

Police Officer Duty to Render Aid

The bill requires all law enforcement officers to render medical aid and request emergency medical assistance if necessary

Police Officer Duty to Intervene

The bill mandates that police officers intervene to stop or prevent another police officer from using unauthorized force and to report the intervention.

Official Misconduct of Police Officers

The bill expands the official misconduct statute to include (1) misrepresentation or failure to provide facts to describe an incident or report during an investigation of an officer's conduct; (2) withholding of information about another officer's conduct; and (3) failure to comply with the officer-worn body camera statute.

Investigation of Misconduct and Process

The bill requires government agencies that submit notice of violation to the ILETSB to conduct an investigation and adopt a policy regarding these investigations. The ILETSB is then authorized to review reports and evidence and make a determination whether officer should be decertified.

Law Enforcement Compliance Verification

The bill requires law enforcement officers to submit a verification form confirming compliance with the Act for the three year period prior to the verification.

Execution of Warrants

Allows use of no-knock warrants if body-worn cameras are in use or the interaction is otherwise recorded.

Freedom of Information Act

The bill adds new exemptions to FOIA to protect new records contained in the  Officer Professional Conduct Database and records supplied to the ILETSB.

Substance Use Disorder Treatment and Deflection

The bill adds various new topics for substance use and deflection programs and expands uses of appropriate funds. Also prioritizes funding for communities with police/community relation issues and those with a lack of access to mental health and drug treatment programs.

Attorney General Civil Suits

The bill requires the Attorney General to file a civil action if he or she believes a government authority or agent of government has engaged in a pattern or practice of conduct that deprives a person of constitutional rights.

Abolition of Monetary Bail

The bill eliminates the requirement of posting monetary bail, effective January 1, 2023.

Obviously, this summary is by no means exhaustive and more will be reported as we analyze the bill regarding the impacts to local governments. 

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Law Imposes February 1st Deadline for List of Names for Filing of Economic Interest Statements

Law Imposes February 1st Deadline for List of Names for Filing of Economic Interest Statements

  Monday, December 30, 2019    Julie Tappendorf

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On December 20, 2019, the Illinois Governor signed into law P.A. 101-617 enacting various changes to state ethics laws. Most of the changes affect state employees rather than local government employees, but there is one provision that local governments should be aware of.

Specifically, the new law imposes a deadline for units of local government to file the list of persons who have to file statements of economic interest with the county. Now, the chief administrative officer of the unit of local government must file the list of names with the county by February 1st of each year. So, village and city clerks and others who handle this duty for their unit of local government each year should make sure they calendar the new deadline. 

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State of Illinois Commission to Study Ethics Laws

State of Illinois Commission to Study Ethics Laws

  Friday, November 22, 2019    Julie Tappendorf

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Yesterday we reported on a bill that would modify the state ethics statutes. The General Assembly also passed HRJ 93 to create a joint commission of the Illinois house and senate to review and make additional recommendations for changes to various state ethics statutes, including the State Officials and Employees Ethics Act, the Illinois Governmental Ethics Act, the Lobbyist Registration Act, and the Public Officers Prohibited Political Activities Act. Because many of these state statutes also apply to local government officials and employees, this commission and its findings will be of great interest to local governments.

It is interesting to note that although the commission includes a wide range of state officials (see below), the commission includes no local government representation even though most of these statutes also apply to local government officials and employees. It would be reasonable for the Governor to consider appointing local government representatives as his Governor-appointees to provide a local government perspective to such an important study.

Membership of the commission is as follows:

• 2 members of the GA appointed by the Speaker of the House
• 2 members of the GA appointed by the Senate President
• 2 members of the GA appointed by the House Minority Leader
• 2 members of the GA appointed by the Senate Minority Leader
• 2 members from the Attorney General's office appointed by the AG
• 2 members of the Secretary of State's office appointed by the SOS
• 4 members appointed by the Governor

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Bill Would Modify Local Government Ethics Reporting Deadline

Bill Would Modify Local Government Ethics Reporting Deadline

  Thursday, November 21, 2019    Julie Tappendorf

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Illinois SB 730 was just passed by the General Assembly and is now at the Governor's office awaiting signature. The bill proposes a number of changes to the Illinois Governmental Ethics Act, including one that would impact units of local government. If signed, the bill would establish a set date each year (on or before February 1st) by which the chief administrative officer of a unit of local government must file with the county clerk the names of those officers and employees who must file statements of economic interest with the local government unit on an annual basis.

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Township Officials Not Entitled to Anti-SLAPP Act Immunity

Township Officials Not Entitled to Anti-SLAPP Act Immunity

  Wednesday, November 28, 2018    Julie Tappendorf

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Three City officials sued a Township Assessor and Supervisor, and the Township itself, claiming the defendants had defamed them and cast them in a "false light" when the Township Supervisor sent a letter to newspapers, local officials, and others alleging that the City officials engaged in criminal acts in connection with property exemptions. One of the letters from the Supervisor stated that he had "discovered how several current and former public servants used their inside status to scratch their own backs and lower their own property taxes - causing homeowners of Burbank to pay more property taxes."

The defendants argued  they were immune from liability under the state Citizen Participation Act (an anti-SLAPP statute - Strategic Lawsuits Against Public Participation), and asked the court to grant summary judgment to defendants. Specifically, defendants argued that the Act protected the Supervisor's actions because the letter was an act of participation in government. The circuit court denied the motion, finding that there was still a question of fact whether the statements in the letter were true or false and that defendants failed to show the lawsuit was meritless.

Defendants appealed, and the Illinois Appellate Court upheld the circuit court ruling against the defendants in Kainrath v. Gride, 2018 IL App (1st) 112270. Although, the appellate court agreed that the Supervisor's act of sending the letter was a protected act of citizen participation that would qualify defendants for protection under the Act, because defendants failed to show that plaintiffs' defamation and false light claims lacked merit they were not entitled to protection under the state's anti-SLAPP statute.

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Cook County $750 Political Contribution Limit Upheld

Cook County $750 Political Contribution Limit Upheld

  Monday, September 24, 2018    Julie Tappendorf

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Cook County has enacted an ethics ordinance governing various activities involving Cook County elected and appointed officials and employees. That ordinance also places a $750 cap on political contributions by individuals and companies that do business with Cook County. After being fined by the Cook County Ethics Commission for receiving political contributions in excess of the ethics ordinance, Cook County Assessor John Berrios filed a lawsuit to challenge the ordinance, claiming that the ordinance exceeded the County's home rule powers, infringed on First Amendment protected speech, denied candidates due process, and violated public policy, among other allegations.

The circuit court ruled in favor of the County, rejecting Berrios challenges to the ethics ordinance. Berrios appealed, and the appellate court also upheld the ordinance. Berrios v. Cook County Board of Commissioners, 2018 IL (1st) 180654. The appellate court found the ordinance did not violate or impinge on any First Amendment protected rights. The court also found the County was not preempted by state election law in enacting its own stricter political contribution limits. Finally, the court determined that the ordinance did not violate Berrios' due process rights, rejecting his "selective enforcement" argument.

Post Authored by Julie Tappendorf

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Alderman Had Standing to Seek Removal of Another Alderman for Felony Convictions

Alderman Had Standing to Seek Removal of Another Alderman for Felony Convictions

  Wednesday, February 22, 2017    Julie Tappendorf

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Section 3.1-10-5(b) of the Illinois Municipal Code disqualifies a person from taking the oath of office for a municipal office if that person is in debt to the municipality or has been convicted of "any infamous crime, bribery, perjury, or other felony." 

In People ex rel. Wofford v. Brown, 2017 IL App (1st) 161118, the question was whether an alderman has standing to bring a lawsuit to enforce this statute against another alderman. The plaintiff alderman (along with two resident plaintiffs) sought the removal of Mr. Brown based on Brown's previous convictions of two felonies prior to being sworn into office in 2015.  Brown argued that plaintiffs did not have standing to enforce this statute, as only the states attorney or attorney general could bring such a suit. The court disagreed, finding that the alderman plaintiff did have standing to file an action in "quo warranto" to seek removal of Mr. Brown as alderman. Specifically, the alderman, as another city council member, has an interest in assuring that the legislative process is not tainted, and a duty to prevent an ineligible person from holding the office of alderman. 

The court did not address whether the other plaintiffs had standing, since they did not appeal the circuit court ruling that they did not. 

Post Authored by Julie Tappendorf

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Bill Would Establish Local Government Inspector General and Ethics Commission

Bill Would Establish Local Government Inspector General and Ethics Commission

  Wednesday, January 25, 2017    Julie Tappendorf

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Yesterday, we reported on a bill that would provide expanded powers to non-home rule municipalities (apologies to our email readers - the link in yesterday's post was incorrect but has been fixed in the online version of the blog).  Today, we report on another bill that will affect local governments - Illinois Senate Bill 85 regarding local government ethics.

If passed, SB 85 would establish the office of the Local Government Inspector General, a state office with the powers to investigate and report on allegations of incompetence, neglect of duty, malfeasance in office, corruption, or official misconduct of local government officials and employees. If the Inspector General finds sufficient evidence to proceed, the office can file a complaint with the Local Government Ethics Commission (also created by this legislation), which commission is authorized to conduct a hearing and hear evidence from the Inspector General and the local official or employee concerning the allegations. 

At the conclusion of the hearing, the Commission has the following options:

1.  Dismiss the complaint; 

2.  Issue a recommendation of discipline to the local official or employee's jurisdictional authority; 

3.  Impose an administrative fine on the local official or employee; 

4.  Issue injunctive relief; or

5.  Impose a combination of relief of 2-4 above.

Since this bill would have significant impact on all units of local government (except those that have a local inspector general), we will follow this bill closely and report back with any updates.

Post Authored by Julie Tappendorf

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Important New Law Requires Adoption of Local Expense Reimbursement Policy

Important New Law Requires Adoption of Local Expense Reimbursement Policy

  Thursday, July 28, 2016    Julie Tappendorf

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We previously reported on a bill introduced this session that would establish certain obligations on local governments regarding reimbursement of local officials' expenses. That bill previously passed the Illinois Senate and House, and has now been signed by the Governor as P.A. 99-604. 

The Local Government Travel Expense Control Act applies to school districts, community college districts, and all units of local government except home rule units. Illinois defines "units of local government" to include counties, municipalities, townships, special districts (i.e., park districts, library districts, fire protection districts, etc), and various other units of local government. 

The new law places two new obligations on units of local government: (1) to adopt by ordinance or resolution a local policy on expense reimbursements and (2) to approve by roll call vote of the corporate authorities any expenses that exceed the maximum allowable reimbursement established by the local policy. The new law also prohibits any unit of local government from reimbursing entertainment expenses. The law is summarized below.

1.   Adoption of Local Expense Reimbursement Policy

The first requirement (section 10 of the new law) takes effect on January 1, 2017, so covered local governments should make sure that they have adopted a local expense reimbursement policy by the end of the year. That policy must include, at a minimum, the following:

1. The types of official business for which travel, meal, and lodging expenses are allowed.

2.  The maximum allowable reimbursement for travel, meal, and lodging expenses.

3.  A standardized form for submission of travel, meal and lodging expenses that includes spaces for the following information:

• an estimate of the cost of travel, meals or lodging if the expense has not yet been incurred or receipts for those expenses if they have already been incurred;
• the name and job title or position of the individual requesting reimbursement;
• the dates and nature of the official business in which the expenses were or will be expended.

2.  Approval of Expenses

In addition to adopting a formal policy, section 15 of the new law requires covered units of local government to formally approve any expense that exceeds the maximum allowed under the local policy.  That approval must be by the corporate authorities and by roll call vote at an open meeting.  

3.  Prohibition on Entertainment Expenses

Section 25 of the new law prohibits a covered unit of local government from reimbursing any government official or employee for "any entertainment expense." These are defined to include the following:

• shows
• amusements
• theaters
• circuses
• sporting events
• any other place of public or private entertainment or amusement unless ancillary to the purpose of the program or event

So, covered units of local government will have to put together and approve a local reimbursement policy, and ensure that any expenses reimbursed by the government comply with that policy as well as the statutory ban on entertainment expenses. The law contains different (and seemingly inconsistent) time triggers for compliance with the mandates in this statute (180 days for section 10 and 60 days for section 15). A conservative approach would be to have a policy in place before January 1st of next year.

Post Authored by Julie Tappendorf

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Former Governor Blagojevich Wins Part of His Appeal

Former Governor Blagojevich Wins Part of His Appeal

  Thursday, July 23, 2015    Julie Tappendorf

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Allegations of political wrongdoing can come from all levels of government: federal, state, and local. Some of them can even land an official in jail, which is what happened to Illinois' former Governor Rod Blagojevich a few years ago.  

The former Governor became famous (infamous?) for his hair, his wife's stint on a reality show, his difficult-to-pronounce name, and more importantly, allegations that he tried to trade his appointment power over President Obama's vacated senate seat. The latter landed him in prison, convicted of 18 crimes, including attempted extortion, solicitation of funds, wire fraud, and lying to federal investigators. He was sentenced to 168 months imprisonment, and he appealed to the Seventh Circuit Court of Appeals.

On Monday, the Seventh Circuit issued an opinion on his appeal, and reversed 5 of his convictions and vacated his sentence.  USA v. Blagojevich. Specially, the appellate court found that the jury instructions on the count relating to Blagojevich's proposal to appoint Valerie Jarrett to the Senate in exchange for an appointment to the Cabinet were improper because the instructions did not distinguish between a proposal to trade one public act for another (a form of logrolling, which is not illegal) and a swap of an official act for private payment (which is illegal). Because it was not clear that the jury would understand the difference between the illegal and legal actions, the court reversed the five counts related to this jury instruction. 

The court rejected Blagojevich argument that his 168 month sentence was too long, noting that the recommended range for sentencing was 360 months to life imprisonment.  

Based on the reversal of five of his convictions, this case will now go back to the district court for resentencing. The federal government could choose to retry him on the five counts, but that may not be very likely given that his sentence of 168 months is still within the sentencing range, even removing these 5 convictions.

Post Authored by Julie Tappendorf 

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Webcast— Ethical Rules and Considerations for Planners, Planning Commissioners, and Lawyers

Webcast— Ethical Rules and Considerations for Planners, Planning Commissioners, and Lawyers

  Thursday, April 02, 2015    Julie Tappendorf

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The Planning and Law Division of the American Planning Association is hosting an upcoming webcast "Ethical Rules and Considerations for Planners, Planning Commissioners, and Lawyers" on Wednesday, April 8th from 12:00 to 1:30 pm (Central Time).

Registration is $20 for PLD members, $40 for nonmembers, and $45 for webinar registration plus a Planning and Law Division membership. This webcast explores the ethical rules and considerations governing planners, planning commissioners, and lawyers who work with planners and appear before planning commissions. The webinar will cover the primary sources of ethical rules, common ethical mistakes, and procedures to correct common mistakes. In addition, the webinar will have an interactive component that will enable participants to interact with the presenters and other participants on ethical scenarios.

Ancel Glink Partner David Silverman will moderate the panel. Speakers include Hiram Peck, FAICP, Director of Planning and Community Development, Town of Simsbury, CT; Brian Smith, Partner at Robinson & Cole, LLP; and Evan Seeman, Associate at Robinson & Cole, LLP.  

Register here.

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New Bill Would Require Internet Filtering in Libraries

New Bill Would Require Internet Filtering in Libraries

  Wednesday, February 25, 2015    Julie Tappendorf

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Last week, Rep. Peter Breen (R-48th District, Lombard) introduced House Bill 2689 to create the "Internet Screening in Public Libraries Act."  If enacted, the legislation would require every public library to have a "technology protection measure" to prevent the display on a public computer of any visual depictions that are obscene, child pornography, or harmful to minors.  Although the bill would allow a public library to disable the technology protection measure for an adult engaged in legitimate research, "legitimate research" is not defined.  

The Illinois Library Association (ILA) has taken the position that internet filtering is a local decision, and not one that should be mandated by the state legislature.  You can read more about the ILA's position on this bill on its website here.

Post Authored by Julie Tappendorf

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Bill Would Ban Elected Official from Other Office

Bill Would Ban Elected Official from Other Office

  Tuesday, February 17, 2015    Julie Tappendorf

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So many new bills to cover, so little time.  One of the most recent bills introduced in this legislative session is Illinois House Bill 1434 that would amend the Public Officer Prohibited Activities Act. The proposed new law would prohibit an elected official from holding any other public office simultaneously, whether or not the elected official receives compensation for a public office. 

The bill does not contain any exemptions, so it isn't clear how it would impact other statutory provisions that expressly allow certain elected officials to hold other offices. For example, the Illinois Municipal Code allows an elected village clerk to also be appointed as the village collector.  The Illinois Municipal Code and the Illinois Liquor Control Act expressly provides that the mayor (an elected official) also serves as the local liquor commissioner.  There is already a significant body of law on the issue of incompatibility of offices derived from Illinois Attorney General opinions that is intended to address any inherent conflict in serving in two offices.  It's not clear that a full-scale ban is necessary. 

Before this legislation is approved, there should be some discussion about how this broad ban affects other provisions in state law that this bill would appear to be in direct conflict with.

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Executive Order 15-10 Affects Government Transparency

Executive Order 15-10 Affects Government Transparency

  Thursday, January 22, 2015    Julie Tappendorf

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It has been a little over a week since Governor Rauner was sworn into office as Illinois' new governor, and he has already issued five executive orders.   Some of these orders have been given a lot of press coverage (such as the order rescinding former Governor Quinn's final executive orders and the one freezing government spending).  One of the executive orders - Executive Order 15-10 - addresses the Illinois Transparency & Accountability Portal Act ("ITAP Act") and affects local governments.

The ITAP Act became effective in 2013, and requires the Department of Central Management Services (CMS) to establish a website where information would be posted about state agency contracts and state employees for public inspection..  20 ILCS 405/405-335.   

More relevant to local governments, the Act also requires  CMS to post a searchable database of information pertaining to "county, township, library district, and municipal employees," that includes: (1) employing unit of local government; (2) employment position title; and (3) current pay rate and year-to-date pay. Under the Act, state agencies, counties, townships, library districts, and municipalities are to cooperate with CMS to furnish the information for CMS to post.

Governor Rauner's Executive Order 15-10 does three things with respect to the ITAP Act.  (You can read the press release about the Order here and the Executive Order here)

First, it requires CMS to distinguish between "Rutan-exempt" hires (state employees that are exempt from the standards set out in Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990)) on the portal website.  

Second, it requires all state agencies to provide CMS with the "necessary and accurate information" to comply with the Executive Order.

Third, and most important to municipalities, counties, townships and library districts, it states that CMS is required to assist these governmental bodies in providing information to comply with the local government employee provisions of the ITAP Act.  

So, what does this mean for municipalities, counties, townships and library districts?  Well, nothing in the Executive Order or the Act places an affirmative duty on these local government bodies to provide the required employee information.  Instead, the ITAP Act states that the local governments will "cooperate with the Department in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Department."  That suggests that CMS will make a formal request for information from the local governments and provide a specific timeframe for a response.   The assistance required of CMS in the Executive Order doesn't appear to change that, or place any additional obligations on a local government.  Instead, it states that CMS will assist the governments in providing the information that will be posted on the portal website.

I expect that state agencies and local governments will hear from CMS in the coming weeks, as CMS determines how best it can comply with the Executive Order.  Until then, it doesn't appear there is anything for local governments to do to comply with the Order until contacted by CMS.

Post Authored by Julie Tappendorf

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