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Tressler is delighted to welcome Katie E. Ngo as senior counsel in our Local Government Practice Group. Katie concentrates her practice in all aspects of school law. She works directly with superintendents and administrators to ensure compliance with the Illinois School Code, the Individuals with Disabilities in Education Act (IDEA), the Open Meetings Act (OMA), the Illinois Freedom of Information Act (FOIA) and various other state and federal laws and regulations. Katie counsels clients on a number of matters including employee discipline and investigations, student-related issues, collective bargaining, policy development, special education and bidding of public contracts.

“I am thrilled…
Continue Reading Katie E. Ngo Joins Tressler’s Local Government Practice Group

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Tressler attorneys John M. O’Driscoll, James J. Hess,  Darcy L. Proctor, Molly E. Thompson, Taylor A. Brewer, Jeyser G. Claudio and Drew J. O’Donnell have been selected to present at the Illinois Municipal League’s (IML) 111th Annual Conference at the Hyatt Regency Chicago on September 19-21, 2024. Please click here to register. We look forward to seeing you there!

When: Thursday, September 19th – Saturday, September 21st

Where: Hyatt Regency Chicago, 151 East Wacker Drive, Chicago, IL 60601

Tressler Presentations:

2024 Tort Immunity Update

Date: Thursday, September 19, 2024, from 12:40 PM – 1:40 PM, Grand Ballroom EF –…
Continue Reading REMINDER: 2024 IML Annual Conference

Tressler LLP is proud to announce that James (“Jim”) Hess has been promoted to partner. Jim is a member of Tressler’s Local Government Practice Group based in Bolingbrook and Chicago, Illinois. Jim joined Tressler as senior counsel in 2020.

“I am honored to be promoted to partner at Tressler,” said Jim Hess. “The support and mentorship from my colleagues and the firm has been invaluable. I look forward to continuing to deliver great results for our current and future clients and contributing to the growth of the Local Government Practice.” 

Jim represents various local government entities, primarily focusing on day-to-day…
Continue Reading James J. Hess Promoted to Partner in Tressler’s Government Practice

Election Day is on the horizon, so a brief reminder regarding legal restrictions on political signage is appropriate:

Electioneering outside the 100-foot campaign-free zone is permitted

“Electioneering” is conduct that urges a vote for or against a party, candidate or issue or engaging in political discussion within 100 feet of a polling place. 10 ILCS 5/7-41(c), 5/17-29.  Electioneering may take the form of either verbal communication or non-verbal communication – displaying signs, wearing campaign buttons or distributing campaign literature.

Sections 7-41 and 17-29 identify that the 100-foot zone runs from each entrance to the voting room itself, not the entire building.
Continue Reading Electioneering and Campaign Sign Reminders

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people from being excluded, denied benefits, or subject to discrimination under any education program or activity “on the basis of sex.” These regulations apply to every school at the K-12 and postsecondary level that receives federal financial assistance.

Since their publication, the 2024 Title IX regulations have faced strong opposition by states and national advocacy organizations who argue that they violate the Administrative Procedures…
Continue Reading Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX Regulations

Election season is quickly approaching. Candidates seeking election in the April 2025 Consolidated Election can start circulating their nominating petitions on August 20, 2024. Candidates should carefully check compliance with the rules and deadlines:

  • November 12, 2024. The first day for candidates to file their nominating petitions with the local election official or board of election commissioners.
  • November 18, 2024. Last day for candidates to file their nominating petitions.
  • November 25, 2024. Last day to file objections to nominating papers of independent, new party and non-partisan candidates (when non-partisan candidates are not subject to a primary) in the office of the local

…
Continue Reading Watch Out for These Dates for the Upcoming 2025 Consolidated Election!

In Williams v. Village of Berkley, the First District Appellate Court considered whether the municipal defendant had sufficiently proven that it was immune from suit under Sections 2-109 and 2-201 of the Tort Immunity Act (745 ILCS 10 et seq). Section 2-201 provides that “[e]xcept as otherwise provided by Statute, a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused.” Section 2-109 provides that a “local public entity is…
Continue Reading If a Branch Falls in a Municipality, Does the Village Have Tort Immunity?

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment, based on race, color, or national origin. The Fact Sheet clarifies the legal obligations of school districts under Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance.

Through the fact sheet, OCR provides guidance related to identifying and addressing harassment that may create a…
Continue Reading OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education students, as well as students who are placed in residential placements by state agencies and students in the care of the DCFS or who are experiencing homelessness. Although consideration should be given to the guidance, hearing officers and courts are not required to follow it, so school districts should exercise independent judgment when making determinations on residential placements.

The guidance advises that school districts should only place a…
Continue Reading ISBE Releases Guidance Document on Residential Placements

Section 2-107 of the Illinois Local Governmental and Government Tort Immunity Act provides that “A local public entity is not liable for injury caused by any action of its employees that is libelous or slanderous or for the provision of information either orally, in writing, by computer or any other electronic transmission or in a book or other form of library material.” The language “for the provision of information” was a key issue in Plaintiff 1 v. Bd. of Educ. of Lake Forest High School Dist.115, 2024 IL App (2d) 230173. The plaintiffs in this case had gone to…
Continue Reading Illinois Appellate Court Affirms Dismissal of Lawsuit Based on Tort Immunity Act

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state reimbursement opportunities to ensure that all children with disabilities receive the support and resources they need.

Pursuant to Senate Bill 3606 (“SB 3606”), the definition of “special educational facilities and services” will now include private special schools and separate public special education day schools. Separate public special education day schools are separate special education programs or facilities that are established by a…
Continue Reading Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

Caitlin Frenzer focuses her practice on providing general counsel services to local governmental bodies. Caitlin represents clients on a variety of matters including zoning, contracts, employment, school law, economic development, intergovernmental agreements, compliance with the Illinois Freedom of Information Act and Illinois Open Meetings Act, drafting legislation and policy.

Caitlin received her B.A. from Auburn University and her J.D. from University of Illinois Chicago School of Law. Where are you from? I was born and raised in Chicago, IL. I grew up on the north side of the city in a neighborhood called Edgebrook, IL.

What was your first job? My first job was…
Continue Reading Attorney Spotlight: Caitlin Frenzer

A valid arrest requires probable cause. In Madero v. McGuiness, No. 23-2574, the Seventh Circuit affirmed that the inquiry as to whether there is probable cause for an arrest is based on the information reasonably available to the police at the time of the subject arrest. In Madero, the plaintiff brought a Section 1983 action against a police officer alleging a false arrest violating the Fourth and Fourteenth Amendments. The arrest stemmed from an alleged altercation following a hit-and-run. Upon arrival at the scene, the defendant officer was provided with information from three witnesses that the plaintiff had been…
Continue Reading Seventh Circuit Confirms that Probable Cause Inquiry is Centered on Information Available to Police at the Time of Arrest

The Fair Labor Standards Act (FLSA or Act) requires covered employers to pay employees a minimum wage and, for employees who work more than 40 hours in a week, overtime premium pay of at least 1.5 times the employee’s regular rate of pay. Section 13(a)(1) of the FLSA exempts from the minimum wage and overtime pay requirements “any employee employed in a bona fide executive, administrative, or professional capacity”. The exemption is commonly referred to as the “white-collar” or executive, administrative or professional (EAP) exemption.

The U.S. Department of Labor (DOL) has issued a new federal overtime rule for executive, administrative,…
Continue Reading U.S. Department of Labor Issues New Overtime Rule 

In the recent case of Mertes v. Village of Mt. Prospect (2024 IL App (1st) 221787), the Appellate Court considered a dispute over whether a Village firefighter, Eric Mertes, was properly determined to have suffered line-of-duty injuries that were “catastrophic” pursuant to the Public Safety Employee Benefits Act, also known as PSEBA, and if the Village was required to pay for Mertes’ health insurance coverage.

Between 1999 and 2012, Mertes suffered a series of back injuries while responding to emergency calls, and in several instances when he was not responding to emergencies. The Village’s Firefighters’ Pension Fund granted…
Continue Reading Appellate Court Sends Municipalities Another Warning on the Dangers of Failing to Properly Administer Benefits Under PSEBA

The U.S. Supreme Court recently issued opinions in two cases involving First Amendment challenges to social media activity – Lindke v. Freed and O’Connor-Ratcliff v. Garnier.

In Lindke, the City Manager of Port Huron, Michigan had a personal Facebook profile. He deleted comments from a commenter and the City Manager blocked the commenter from future posts on the City Manager’s personal Facebook page. The commenter sued the City Manager under 42 U.S.C. §1983 alleging that the City Manager had violated his First Amendment rights. The commenter argued that he had the right to comment on the City Manager’s Facebook…
Continue Reading New Social Media Guidance from the Supremes!