Section Newsletter Articles on Public Employees

Murray v. Chicago Youth Center: Restricting the immunity of the Local Government and Governmental Employees Tort Immunity Act By Russell W. Hartigan and Victoria R. Benson Local Government Law, August 2007 In July 2006, Justice McMorrow upheld the lower courts’ decisions to grant summary judgment to the Chicago Board of Education, Chicago Youth Center and its instructor under the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter “the Act”) (745 ILCS 10/1-101 et seq.) in Ryan Murray, et al. v. Chicago Youth Center, et al., 2006 WL 1822656. At issue is whether the general grant of immunity allowed under the Act, such as that found in §§ 2-201 and 3-108(a), were subject to the exceptions found in § 3-109 of the Act. According to Justice McMorrow’s opinion, it does; however, the Illinois Supreme Court opined that the conduct at issue did not constitute willful and wanton conduct and, as a result, upheld the First District’s decision to uphold the District Court’s award of summary judgment to the Defendants.
Does a public employee have a right to closed meeting minutes of the discussion of her employment? A case review of Wisconsin Appellate Court case Sands v. Whitnall School District By Lisle A. Stalter Government Lawyers, June 2007 Although we do not typically see a discussion of cases from other states in the Government Lawyers’ newsletter, a recent decision from Wisconsin raises an interesting question.
Public employee free speech rights—Are there any left after Garcetti? By John H. Brechin Local Government Law, May 2007 The Garcetti decision disturbed earlier precedent which had established that a public body cannot condition public employment on a basis that infringes on an employee’s constitutionally protected interest in freedom of expression.
A municipality’s dilemma involving injured police officers By Carlos S. Arévalo Local Government Law, April 2007 Whenever an employee is injured on the job, employers and employees are significantly affected.
The Public Safety Employee and Employment Litigation: The effects of Police and Fire Commission proceedings on the federal case By Brian Clauss and Michelle Camden Labor and Employment Law, September 2006 When litigating Federal employment claims of public safety employees1 or proceeding in a discipline hearing before a municipal Board of Police and Fire Commissioners (the “Board”), there are special concerns that a practitioner should consider.
Police and fire pension disability issues: Part II By Richard J. Reimer Local Government Law, May 2006 This is part 2 of a two-part article. Part one was published in the April 2006 issue of this newsletter.
Police and fire pension disability issues: Part I By Richard J. Reimer Local Government Law, April 2006 This is part 1 of a two-part article. Part 2 will be published in the May 2006 issue of this newsletter.
Governmental ethics: Public Acts 93-615 & 93-617 By Phillip B. Lenzini Human Rights, February 2004 In its zeal to close the door after the horses have left the barn, the Illinois General Assembly has created Public Act 93-615, the State Officials and Employees Ethics Act, and Public Act 93-617, an act in relation to governmental ethics.
Significant recent case law affecting fire departments and fire protection districts By Shawn P. Flaherty and Thomas Gilbert Local Government Law, May 2002 The following is a review of those significant case law decisions issued in 2001 that affect Illinois fire departments and fire protection districts.
Liabilities and immunities: An outline of the Illinois Local Governmental and Governmental Employees Tort Immunity Act By Michael D. Bersani Local Government Law, March 2000 A. Tort Immunity Act was enacted in 1965 in response to Illinois Supreme Court's abolishment of common law sovereign immunity.