Publications

Section Newsletter Articles From Richard G. Flood

Impact fees and non-home rule municipalities: Oil and water can mix By Richard G. Flood and Ruth A. Schlossberg Local Government Law, June 2009 Despite the publicity it has received and the concerns it has generated, Raintree Homes, Inc. v. the Village of Long Grove is not new law. Impact fee ordinances which are properly drafted and which employ reasonable assumptions are enforceable.
Congratulations! You’ve been elected: Now what do you do? A practical guide to local government By Richard G. Flood and Ruth A. Schlossberg Local Government Law, April 2009 You have been elected and will assume office soon. What do you do until then?
E-Mail Retention Policies and the Local Records Act By Richard G. Flood and Jenette M. Schwemler Administrative Law, July 2007 While many have leapt to the conclusion that the Local Records Act requires preservation of anything and everything dealing with public business that happens to enter or leave a municipally owned computer, reading the statute three times, as Supreme Court Justice John Roberts suggests, reveals a quite different intent.
E-mail retention policies and The Local Retention Act By Richard G. Flood and Jenette M. Schwemler Local Government Law, March 2007 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.”
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood and Stewart H. Diamond Administrative Law, October 2001 Currently the Act prohibits the exercise of free speech between elected officials on public bodies containing five or fewer members. This stifles creativity in solving public problems and inhibits debate and frank discussion of the issues. Officials cannot test their assumptions and data in advance of a public forum.
Opening the Meetings Act to reality—abolishing the “Rule of Two” By Richard G. Flood and Stewart H. Diamond Local Government Law, June 2001 "When you define meetings by the number of participants you set the participants up to skirt the law." Anchorage Daily News at B3 (October 23, 1992)
Some laws of 100 years ago mirror today’s laws By Richard G. Flood Local Government Law, October 2000 At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.

Spot an error in your article? Contact Sara Anderson at sanderson@isba.org. For information on obtaining a copy of an article,visit the ISBA Newsletters page.

Select a Different Author