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Newsletter articles from 2007
E-mail retention policies and The Local Retention Act
Recent interpretations of the Local Records Act, broadly construing the meaning of “public records” for purposes of formalizing retention policies, beg for the imposition of Supreme Court Justice John Roberts’ three rules of statutory construction: “Read the Statute, Read the Statute, Read the Statute.”
E-mail use—When does it constitute a meeting?
Public Act 94-1058 effective January 1, 2007, amends the Open Meetings Act and specifically authorizes members of a public body to attend meetings of that public body without being physically present at the sight of the meeting.
Eminent domain update
Two recent decisions should be of interest to attorneys whose practice involves any aspect of eminent domain law.
In our May newsletter, I reported on the United States Supreme Court decision in Garcetti v. Ceballos, as well as subsequent cases decided in the (Fifth, Sixth, Seventh and Tenth) Circuit Courts of Appeals.
High-speed pursuits after Scott v. Harris
This article examines the reasoning behind the Supreme Court’s decision, as well as implications it has on current policies and procedures involving high-speed pursuits.
The impact of Public Act 94-976 for tax-capped governments
Effective June 30, 2006, and particularly for all elections following March 21, 2006, Public Act 94-976 (Senate Bill 1682) makes major changes to the Property Tax Extension Limitation Law (“tax caps”) both in reference to the types of property tax referenda which may be conducted and the interrelationship between the “limiting rate” of tax caps and various statutory fund rate limits.
Impoundment of motor vehicles
On November 16, 2006, the United States District Court entered its decision in this case involving a traffic stop by a Waukegan policeman.
Incompatibility of offices
The recent Second District Appellate Court decision in People ex. rel. Barsanti v. Scarpelli addresses the issue of whether the offices of Village Trustee and Township Park District Commissioner are incompatible.
Murray v. Chicago Youth Center: Restricting the immunity of the Local Government and Governmental Employees Tort Immunity Act
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.
Prevailing parties and attorney fees
In the January 2007 Local Government Newsletter, we reported on the decision of the Second District Appellate Court in the case of City of Elgin v. All Nations Worship Center, 369 Ill.App.3d 664 (2006).
Recent cases relating to employment law
Two cases involving employment law issues were recently decided. In Kelley v. Sheriffs Merritt Commission, the Second District Appellate Court considered the issue of the permissible use of polygraph examinations in investigation and whether the failure of an officer to submit to such an examination is cause for discipline.
Township authority to fix problem properties
The Illinois Municipal Code has provisions for cutting overgrown weeds and demolishing dilapidated buildings, but what can a township do to remedy problem properties?
What became of Rice?
In 2002, the Fourth District Appellate Court heard an issue of first impression and narrowed the scope of local government law, Rice v. Board of Trustees of Adams County.
Recent cases related to zoning.