Klaeren-One Last Time?By John H. BrechinLocal Government Law, December 2004On October 12, 2004 the Second District Appellate Court issued its opinion affirming the trial court's grant of summary judgment to the Plaintiffs and its denial of Plaintiffs' Motion for Leave to File an Amended Complaint and petition for attorney fees.
The Public Works Contract Change Order Act: The creation of the re-bid requirementBy Michael T. JurusikLocal Government Law, June 2004To address the problem of bidders who submit unreasonably low bids to secure public works contracts and then seek large change orders that are more reflective of the actual cost of the project, on January 22, 2004, Governor Rod Blagojevich signed House Bill 940 into law as Public Act 93-0656, which is known as the "Public Works Contract Change Order Act." 50 ILCS 525/1 et seq. ("the Act").
Twenty questions about Public Act 93-0523: Recording closed session meetingsBy Stewart H. Diamond & Keri-Lyn J. KraftheferAdministrative Law, April 2004Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts, to audio or video record their closed sessions.
Important new public actsBy Larry FrangLocal Government Law, January 2004House Bill 223 amends the Criminal Code to exempt electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention from an eavesdropping violation. Statements made by suspects during custodial interrogation are presumed inadmissible unless they are electronically or digitally recorded.
Twenty questions about Public Act 93-0523: Recording closed session meetingsBy Stewart H. Diamond & Keri-Lyn J. KraftheferLocal Government Law, January 2004Public Act 93-0523, effective January 1, 2004, requires all Illinois units of local government, including fire protection districts and school districts to audio or video record their closed sessions.
Attorney General issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, December 2003Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Basic workers’ compensation law for local governmentsBy Daniel S. WellnerLocal Government Law, December 2003Approximately 60 percent of any municipality's liability dollars are spent to pay workers' compensation benefits to injured employees.
House bills passedLocal Government Law, September 2003Statements or expressions of opinion or comments appearing herein are those ofthe editors or contributors, and not necessarily those of the association or section.
The role of a municipal attorney in employee discipline hearingsBy Paul N. KellerLocal Government Law, July 2003When 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.
Enforcement of municipal ordinances—A new, efficient methodBy Kathleen Field OrrBusiness Advice and Financial Planning, June 2003Every profession has its own set of regularly occurring frustrating circumstances. For example, a police officer is often forced to abandon an investigation in order to preserve an individual's right of privacy; the teacher is always required to have the simplest curriculum change make its way through a bureaucratic maze before implementation is permitted; or, the administrator is mandated to take a certain tact due to political factors instead of following a higher set of standards
Local governments permitted to benefit from IDOT’S quick-take powersBy Phillip B. AlfeldLocal Government Law, June 2003In a recent opinion, the Fifth District Appellate Court firmly rebuffed a landowner's challenge to the Illinois Department of Transportation's use of its "quick-take" authority in an eminent domain case.
Attorney general issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, April 2003Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
A new era in land use, Klaeren & GallikBy Pat LordLocal Government Law, March 2003Historically, the standard of review of a decision to grant or deny a petition for a special use permit has been whether the government action is arbitrary, capricious or unrelated to the public health, safety and morals.
Municipal development agreements: A call for much-needed legislationBy John B. MurpheyLocal Government Law, February 2003The Municipal Zoning Act needs to be amended. Now. Legislation needs to be enacted granting non-home rule municipalities the authority to enter into development agreements.
Local governments may not always impose its regulations and fees on other local governmentsBy Michael J. Lecher & David W. McArdleLocal Government Law, January 2003Depending on your point of view, the Illinois appellate court for the Second District recently either struck a blow to the regulatory power of local governmental units or it clarified the power of state agencies in County of Lake ex. Rel. Lake County Stormwater Management Com'n v. Fox Waterway Agency, 326 Ill.App.3d 100, 759 N.E.2d 970, 259 Ill.Dec. 909 (2nd Dist. 2001).
The unintended ramifications of the SWANCC decision: Local regulation of isolated watersBy David W. McArdle & E. Regan Daniels ShepleyLocal Government Law, May 2001The recent United States Supreme Court ruling in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers held that the Corps' authority under the Clean Water Act does not extend to isolated waters-- those waters that are not connected or adjacent to interstate or navigable waters.
Some laws of 100 years ago mirror today’s lawsBy Richard G. FloodLocal Government Law, October 2000At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.
Continued expansion of administrative adjudication authorityBy David W. McArdleLocal Government Law, July 1999Beginning January 1, 1998, pursuant to Public Act 90-777, nonhome rule municipalities will have the expanded power, under 65 ILCS 5/1-2.2, to establish a system of administrative adjudication for violations of municipal ordinances other than building code violations and moving motor vehicle violations.
Local government law on the InternetBy Michael B. WeinsteinLocal Government Law, February 1999Many attorneys are discovering the numerous Worldwide Web sites on the Internet that can be of substantial benefit in performing legal research.
