Section Newsletters

Articles From Paul N. Keller

Is an elected official an employee? By Paul N. Keller & Donald W. Anderson Local Government Law, January 2012 There is no “one-size-fits-all” answer to the question of elected official as employee—An individual elected official is not an employee for purposes of FLSA, IPLRA, Title VII of the Civil Rights Act, ADEA, the Illinois Human Rights Act, and the Unemployment Insurance Act, but may opt into IMRF, and is an employee for purposes of the Tort Immunity Act.
The Fourth Amendment in the workplace: U.S. Supreme Court declines to define boundaries City of Ontario, California et al v. Quon et al, 130 S.Ct. 2619 (2010) By Paul N. Keller Local Government Law, October 2010 The opinion in City of Ontario, California et al v. Quon et al is helpful in clarifying that even assuming a reasonable expectation of privacy exists, the employer may make a reasonable search for business related purposes, e.g., the efficient operation of the organization, or to discover work related misconduct.
Case note: Federal court upholds municipal housing code enforcement procedures By Paul N. Keller Local Government Law, December 2009 Most municipalities are concerned about building and zoning code violations in existing buildings, and take steps to prevent and eliminate illegal and unsafe conditions. Mandatory inspection programs are becoming increasingly common, but their legality has been open to question.
Using the Illinois Vehicle Code to clear railroad crossings By Paul N. Keller Local Government Law, December 2006 Business owners who suffered economic injury because of railroad trains blocking access to their property may sue the railroad for relief.
Case Note: Does a special use permit run with the land? Not this one, says Justice Smith By Paul N. Keller Local Government Law, October 2006 In an opinion authored by Justice James Fitzgerald Smith, former Des Plaines City Attorney, the Illinois Appellate Court upholds the validity of a special use permit which was intended to apply only to the owner of the land at the time it was issued.
“Clearly something wrong”: Seventh Circuit limits “Class of One” equal protection actions By Aušra Tauginas & Paul N. Keller Local Government Law, January 2006 In Lauth v. McCollum 424 F.3d 631 (7th Cir. Sep. 20, 2005), the federal court continues its “struggle to define the contours of class-of-one cases.
The First Amendment on the overpass: Cities may bar protestors from highway bridges By Paul N. Keller Local Government Law, January 2006 In recent contrasting cases, the Seventh Circuit and the Tenth Circuit have reviewed police department policies and practices regarding protest activity on bridges over highways.
Federal concealed weapons law creates more liability for municipalities By Paul N. Keller Local Government Law, February 2005 Congress recently enacted a federal law which authorizes active and retired law enforcement officers to carry concealed weapons anywhere in the United States, preempting all State and local laws.
The role of a municipal attorney in employee discipline hearings By Paul N. Keller Local Government Law, July 2003 When a municipal employee is charged with misconduct which will result in a disciplinary hearing before a board of fire and police commissioners or civil service commission, the municipal attorney may be called upon to play several roles in the process.

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