Local Government Law

Bocanegra v. The City of Chicago Electoral Board

Illinois Appellate Court
Civil Court
Elections
Citation
Case Number: 
2011 IL App (1st) 110424
Decision Date: 
Monday, August 1, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
HOFFMAN
(Court opinion corrected 8/23/11.) Petitioner filed objections to candidacy of Respondent for alderman, claiming that he failed to timely file statement of financial interests with Ethics Board according to five-day requirement of City Campaign Financing Ordinance. Plain language of Illinois Municipal Code does not provide or imply that a municipality has authority to alter requirements for elective office by passage of ordinance. Where ordinance has not been passed by referendum, failure to comply with its terms cannot be enforced by removal of a candidate's name from ballot. (HALL and ROCHFORD, concurring.)

Parents United For Responsible Education v. Board of Education of the City of Chicago

Illinois Appellate Court
Civil Court
School Law
Citation
Case Number: 
2011 IL App. (1st) 102901
Decision Date: 
Tuesday, July 26, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
(Court opinion corrected 8/23/11.) City's Board of Education may designate a school in City of Chicago a "small school", or close the school and open an alternative school in its place, without holding Local School Council (LSC) elections and ceding governing authority over the school to LSC, per exemption of Section 34-2.4b of School Code. That provision gives School Board authority to directly govern alternative schools and to open and close schools. (KARNEZIS and HARRIS, concurring.)

Public Act 97-483

Topic: 
Illinois Personal Information Protection Act
(Burke, D-Oak Lawn; Maloney, D-Chicago) requires entities that suffer security breaches to notify affected individuals without unreasonable delay. The law now includes several specific requirements for those breach notification letters. “The disclosure notification to an Illinois resident shall include, but need not be limited to, (i) the toll-free numbers and addresses for consumer reporting agencies, (ii) the toll-free number, address, and website address for the Federal Trade Commission, and (iii) a statement that the individual can obtain information from these sources about fraud alerts and security freezes. The notification shall not, however, include information concerning the number of Illinois residents affected by the breach.” The Act also requires entities to properly dispose of paper documents and electronic data in such a way as to render personal information unreadable or indecipherable. State and local government agencies are subject to the requirements of this Act. Effective January 1, 2012.

Public Act 97-533

Topic: 
Deed restrictions and special-service areas
(Althoff, R-Crystal Lake; Mautino, D-Spring Valley) prohibits a deed restriction or restrictive covenant from waiving or restricting the statutory rights to notice of a public hearing or the right to object, oppose, or challenge (1) the creation of a special-service area; (2) the levy of any tax of a special-service area; or (3) the issuance of bonds of a special-service area. Effective August 23, 2011.

Public Act 97-385

Topic: 
FOIA and park districts
(Biss, D-Evanston; Schoenberg, D-Evanston) exempts from the Act's disclosure requirements the names, addresses, and personal information of minors who are participants in the programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations. Effective August 15, 2011.

Public Act 97-318

Topic: 
Open Meetings Act: audits
(Rita, D-Blue Island; Martinez, D-Chicago) authorizes a public body to close a meeting between internal or external auditors and governmental audit committees or finance committees when the discussion involves internal-control weaknesses or fraud issues. Effective January 1, 2012.

Public Act 97-336

Topic: 
Notices and PIN numbers
(Tryon, R-Crystal Lake; Althoff, R-Crystal Lake) removes the Municipal Code requirement for a metes and bounds legal description in a notice concerning annexation, special uses, variations, or specified zoning hearings if the notice includes: (1) the common street address or addresses; and (2) the PIN number or numbers of all the parcels of real property contained in the affected area. Effective August 12, 2011.

Moore v. The Grafton Township Board of Trustees

Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
2011 IL App (2d) 110499
Decision Date: 
Monday, August 8, 2011
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON
Court issued mandatory injuniction directing township Board of Trustees to confirm township supervisor's nomination for township attorney. Court's order was in derogation of separation-of-powers doctrine and plain language of controlling statute, as order compelled a discretionary legislative act. As controlling statute contains no clear criteria for the court to use to resolve the case, under the political question doctrine the court has no role in reviewing whether appointment of attorney should be confirmed. (McLAREN and SCHOSTOK, concurring.)