Local Government Law

Stone v. Bd. of Election Commissioners for the City of Chicago

Federal 7th Circuit Court
Civil Court
Elections
Citation
Case Number: 
No. 13-2733
Decision Date: 
April 25, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing for failure to state valid cause of action plaintiffs' action alleging that Chicago’s ballot access scheme for Mayor, that requires candidates to obtain 25,000 signatures within 90-day period with no signatures appearing on other candidates’ petitions, violates rights guaranteed by 1st and 14th Amendments. Reasonably diligent candidate could be expected to meet all requirements of instant scheme within 90-day time frame, and fact that nine mayoral candidates met said requirements belied plaintiffs’ claim that said requirements were overly onerous and restrictive. Moreover, Ct. noted that schemes with relatively higher/more restrictive requirements had been found to be constitutional, and that instant requirements served important goal of blocking frivolous candidates from ballot.

Illinois County Treasurers' Association v. Hamer

Illinois Appellate Court
Civil Court
Declaratory Actions
Citation
Case Number: 
2014 IL App (4th) 130286
Decision Date: 
Tuesday, April 22, 2014
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded with directions.
Justice: 
HARRIS
County Treasurers' Association sued Department of Revenue and Comptroller, alleging they failed to pay county treasurers full amount of mandated annual stipends, which are considered part of county treasurers' salary, in 2010 and 2011. Court erred by granting summary judgment for Defendants on basis that claims were barred by separation of powers doctrine. Decrease in stipends for fiscal year 2011 became effective prior to 12/1/10, each county treasurer was constitutionally entitled to receive fiscal year 2010 stipends in full and his or her pro-rata share of full amount of fiscal year 2011 stipends. Thus, Plaintiff was entitled to summary judgment. (APPLETON and HOLDER WHITE, concurring.)

The Board of Education of Gardner-South Wilmington High School District 73 v. The Village of Gardner

Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2014 IL App (3d) 130364
Decision Date: 
Thursday, April 17, 2014
District: 
3rd Dist.
Division/County: 
Grundy Co.
Holding: 
Affirmed.
Justice: 
McDADE
School District entered into license agreement allowing Village to use District's outdoor recreational facilities within a designated redevelopment area. District sued Village for failure to make payments per agreement. Neither the agreement nor the TIF Act limits how District may spend funds it is paid by Village. Despite affidavits of former mayors that agreement was made with the "understanding" that District would use funds for capital improvements, unambiguous language of agreement contains no limitations on District's use of license fees received. (CARTER and WRIGHT, concurring.)

Harper v. Fulton County, Illinois

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
No. 13-2553
Decision Date: 
April 8, 2014
Federal District: 
C.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant’s motion for summary judgment in section 1983 action alleging that defendant’s failure to pay female plaintiff-County Treasurer same salary as male County Clerk violated plaintiff’s equal protection rights. Plaintiff’s proffered testimony from female county board member asserting that her ouster as Chairman was based on her gender was insufficient to constitute direct evidence of gender discrimination in plaintiff's case, since such claim amounted to nothing more that speculation. Moreover, plaintiff’s failure to counter defendant’s claim that her lower salary was based on various instances of perceived job performance deficiencies precluded plaintiff from establishing any gender discrimination claim via indirect method of proof. Fact that plaintiff claimed that certain perceived job performance deficiencies were not her fault did not require different result.

Senate Bill 3499

Topic: 
Unauthorized practice of law
(Althoff, D-Crystal Lake) amends the Property Tax Code to allow the following persons to represent tax payers before boards of review in counties less than three million: (i) the person has been granted power of attorney by the taxpayer for the specific purpose of an appeal before the board of review; and (ii) meets at least one of the following qualifications: (1) the person is an attorney licensed to practice law in the State of Illinois; (2) the person is a Certified Public Accountant; (3) the person is a licensed Illinois real estate agent; (4) the person possesses a Certified Illinois Assessing Officer certificate from the Illinois Property Assessment Institute; (5) the person possesses a Certified Assessment Evaluator designation from the International Association of Assessing Officers; or (6) the person has obtained Certification as a Member of the Appraisal Institute, Senior Real Estate Analyst, or Senior Real Property Appraiser from the Appraisal Institute or its predecessor organization. Scheduled for a hearing today in Senate Judiciary Committee.

House Bill 5875

Topic: 
Freedom of Information Act
(Yingling, D-Hainesville) provides that "public body" includes any State-wide organization that receives 75% or more of its funding through contributions from taxing bodies for the sake of membership or dues in order to participate in the organization's activities, including, but not limited to, educational endeavors, legislative initiatives, or a general liability insurance pool. Schedule for a House Committee hearing March 20th.

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.

Senate Bill 3411

Topic: 
Ticket quotas prohibited
(Manar, D-Bunker Hill) prohibits a county or municipality from requiring a law enforcement officer to issue a specific number of citations or warnings within a designated period of time. It also prohibits a county or municipality from using the number of issued citations by an officer as a means to evaluate that officer. Makes it an unfair labor practice to require a peace officer to perform a duty that conflicts with the provisions of this amendatory Act.

Senate Bill 2829

Topic: 
Local governments and administrative review
(Link, D-Lake Bluff) amends the Code of Civil Procedure to provide that in any any successful appeal under the Administrative Review Law of an adverse decision by a unit of local government, the court shall award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the appeal. If the court finds the decision by the unit of local government to be clearly erroneous or that the plaintiff's rights to due process were abridged, the court may award the plaintiff all reasonable costs associated with the entire case dating back to the inception of the administrative proceeding. Scheduled for a hearing in Senate Judiciary Committee on Tuesday.