2023 Articles

Attorney-Client Privilege Under FOIA: A Further Look at Public Access Opinion 22-001 By Lisle A. Stalter May 2023 Attorney-client communications are exempt from the requirement to provide documents under the Freedom of Information Act. But, in light of the presumptions of openness, not all communications between public bodies and their attorneys are protected by attorney-client privilege.

Case Summary: Baro v. Lake County Federation of Teachers Local 504, IFT/AFL-CIO et al. By Christopher J. Jump & Alexander J.S. Pullen May 2023 A summary and analysis of Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO in which the appellate court affirmed that the Janus protections do not protect union members.

Chair’s Column By Karen Dimond October 2023 A note from the chair.

City Immune for Downzoning Property By Michael Smoron March 2023 In Strauss v. City of Chicago, the Illinois Supreme Court determined that an alderman maliciously threatening to downzone a property and the city’s actions to downzone the property fell under the umbrella of immunity under sections 2-109 and 2-201 of the Tort Immunity Act.

Flinn Abstract By Tony Fioretti October 2023 Summaries of recent regulatory decisions of interest.

Illinois Second District Appellate Court Affirms Police and Fire Pension Consolidation Law By Joe McMenamin March 2023 In Arlington Heights Police Pension Fund et al v. Pritzker, the appellate court affirmed the constitutionality of Public Act 101-0610, which created the Firefighters’ Pension Investment Fund and the Police Officers’ Pension Investment Fund.

ISBA Local Government Law Section Council Case Summaries for June 9, 2023, Meeting By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Herman October 2023 Summaries of recent cases of interest to local government practitioners.

ISBA Local Government Section Council Case Summaries From the March 29, 2023, Meeting By James Ferolo, Phil Lenzini, Matt Dione, Brian Flynn, Chris Jump, Lisle Stalter, Todd Flemming, & Josh Josh May 2023 Summaries of recent cases of interest to local government practitioners.

Police Have No Obligation to Protect Participants in a Gunfight, Even if the Battle Occurs in View of the Courthouse By Yordana Wysocki October 2023 A summary and analysis of Andrade v. City of Kankakee.

Recall Mechanism Must Be in Place Prior to Recall Referendum By Michael J. Smoron March 2023 In Henyard v. Municipal Officers of the Village of Dolton, the appellate court considered an issue of first impression: whether Illinois voters may recall their local elected officials.

Recent IAG/PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik October 2023 Summaries of recent opinions, legislation, and judicial decisions regarding the Freedom of Information Act and Open Meetings Act.

Recent PAC Opinions, Legislation, and Judicial Decisions Regarding FOIA and OMA By Michael T. Jurusik May 2023 Summaries of recent opinions, legislation, and judicial decisions regarding the Freedom of Information Act and Open Meetings Act.

Supreme Court Affirms That Annexation Agreements Run With Land After Subdivision and Splitting of Ownership By Michael J. Smoron July 2023 In Village of Kirkland v. Kirkland Properties Holdings Company, LLC I, et al., the Illinois Supreme Court analyzed section 11-15.1-4 of the Illinois Municipal Code.

Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang March 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.