Government

In 2019, Governor Pritzker signed Public Act 101-0504 into law, which amends part of the Illinois Pension Code. Effective July 1, 2020, the new law certain website posting requirements for the Illinois Municipal Retirement Fund (IMRF) and for municipalities. Of most interest to municipalities is the new requirement that municipalities with a website post a link to the IMRF “Employer Cost & Participant Information” webpage on their websites. Although the law became effective July 1, 2020, this website posting requirement does not take effect until January 1, 2021. The law also makes it clear that it does not require a municipality…
On July 2, 2020, the PAC issued updated guidance to public bodies regarding complying with the OMA and FOIA during the COVID-19 pandemic. There are very few substantive changes from the previous guidance issued in April, except to update the guidance to be consistent with the recent amendment to the Open Meetings Act authorizing remote meetings during a disaster. We have summarized the guidance below: OMA Guidance Requirement for Physical Presence of a Quorum for Members of a Public Body   On June 12, 2020, the Governor signed Senate Bill 2135 (Public Act 101-0640) amending the OMA, which allows…
In Mohammad v. Chicago Police Department, 2020 IL App (1st) 190011, the First District Appellate Court elaborated on a public body’s duty to conduct a reasonable diligent search for records in response to a FOIA request. The court also looked at whether a public body that previously disclosed information in response to criminal discovery proceedings waives their right to assert future FOIA exemptions over the same information. The case involved two FOIA requests submitted to the Chicago Police Department (“CPD”) in September 2016. The requests sought police reports and other investigatory records for a particular case number. CPD…
The PAC recently issued a binding opinion finding a public body in violation of FOIA for denying various records pertaining to a fatal car accident. The PAC rejected the public body’s reliance on the FOIA exemption contained in section 7(1)(d)(iii) which allows a public body to withhold information that creates a substantial likelihood of depriving a person of a fair trial or impartial hearing. PAC Op. 2020-05. In its opinion, the PAC concluded that a Sheriff’s Office improperly used FOIA 7(1)(d)(iii) to withhold squad car footage, emergency dispatch audio recordings, and other written crash and incident reports requested by a…
In September 2017, the village council of Downers Grove removed a library trustee from the library board of trustees because of his comments in a report written and published by the League of Women Voters. In the report, the League alleged that the trustee made bigoted comments about race and sexual orientation during a August 23rd library board meeting in the discussion about a proposal for library staff to receive training about equity, diversity, and inclusion. After his removal, the former library trustee sued the Village, the League, and individual members of the League, individual Village Council members, and the…
Ancel Glink’s Quorum Forum Podcast just released Episode 41: Can I be Fired for Protesting? Timely issues affecting public and private employers are on the agenda for the latest episode of Ancel Glink’s Quorum Forum podcast. Ancel Glink Attorneys dicuss whether employees risk discipline at work for participating in recent protest. We also review the Supreme Court’s recent decision on gay and transgender rights, and what it means for local governments and other employers.  What issues are your employees facing this summer? Email us at podcast@ancelglink.com!  Resources Municipal Minute, Civil Rights Act Protects Against Discrimination Based onSexual Orientation and Gender Identity Workplace Report, Supreme Court Decision       …
The federal CARES Act established a $150 billion Coronavirus Relief Fund for states and eligible local governments with more than 500,000 in population. In Illinois, those direct recipients include the State of Illinois, the City of Chicago, and Cook, DuPage, Kane, Lake, and Will counties. While announcements from other counties are expected soon, last week Cook County announced applications are now available to pass through Coronavirus Relief Funds to its suburban municipalities, townships, and fire protection districts. Additionally, the Illinois Department of Commerce and Economic Opportunity (DCEO) announced initial details for its Local Coronavirus Urgent Remediation Emergency (or Local CURE)
Timely issues affecting public and private employers are on the agenda for the latest episode of Ancel Glink’s Quorum Forum podcast. MattDiCianni discusses whether employees risk discipline at work for participating in recent protests. Then, Mike Halpin reviews the Supreme Court’s recent decision on gay and transgender rights, and what it means for local governments and other employers. What issues are your employees facing this summer? Email us at podcast@ancelglink.com! — Resources Municipal Minute, Civil Rights Act Protects Against Discrimination Based on Sexual Orientation and Gender Identity http://municipalminute.ancelglink.com/2020/06/civil-rights-act-protects-against.html Workplace Report, Supreme Court Decision http://workplacereport.ancelglink.com/2020/06/supreme-court-decision.html Quorum Forum · 41: Can
Effective June 26, 2020, new DCEO guidance governs various recreation activities during “Phase 4” of Illinois’ reopening plan. This includes guidance for indoor and outdoor recreation, youth and recreational sports, golf, tennis, health and fitness centers, and day camps. The Illinois Department of Public Health also issued long-awaited Phase 4 swimming guidance on the same day, while DCEO advised the Illinois Association of Park Districts that while indoor playgrounds must remain closed, local governments have discretion to open outdoor playgrounds subject to a 50-person capacity limit and other applicable IDPH guidance. Highlights from the…
On June 15, 2020, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 extends to people that identify as gay or transgender. Title VII prohibits an employer from discriminating against any person based upon, among other characteristics, that person’s sex – in other words, male or female. In Bostock v. Clayton County, the Supreme Court considered whether Title VII’s definition of “sex” includes gay and transgender individuals. Until now, the lower courts had been divided on the question. In a 6-3 decision authored by Neil Gorsuch, the Court ruled that an “employer who fires…
On Friday, Governor Pritzker signed a new disaster declaration and Executive Order No. 2020-44 that local governments should be aware of since they specifically mention physical attendance at public meetings. Background As we previously reported, recent Open Meetings Act amendments allow local governments to hold meetings without a physical quorum under certain conditions. One condition requires that members of the public present at the regular meeting location must be able to hear all discussion, testimony and votes of the public body. However, if  “attendance at the regular meeting location is not feasible due to the disaster, including the issued disaster…
On Friday, Governor Pritzker signed a new disaster declaration and Executive Order No. 2020-44 that local governments should be aware of since they specifically mention physical attendance at public meetings. Background As we previously reported, recent Open Meetings Act amendments allow local governments to hold meetings without a physical quorum under certain conditions. One condition requires that members of the public present at the regular meeting location must be able to hear all discussion, testimony and votes of the public body. However, if  “attendance at the regular meeting location is not feasible due to the disaster, including the issued disaster…
Late this afternoon, the Illinois Department of Public Health (IDPH) issued its long-awaited Phase 4 guidance for swimming in Illinois. According to the IDPH’s website, the following guidelines apply to swimming pools, wave pools, water parks, beaches, spas, whirlpools, and splash pads: This document is intended to provide guidance to businesses operating swimming facilities licensed by the Illinois Department of Public Health (IDPH) during Phase 4 of the Restore Illinois plan. This includes swimming pools, water parks, splashpads,  beaches, spas, and whirlpools. During Phase 4, swimming facilities licensed by IDPH can open to a maximum 50 percent capacity.  Wave…
Late this afternoon, the Illinois Department of Public Health (IDPH) issued its long-awaited Phase 4 guidance for swimming in Illinois. According to the IDPH’s website, the following guidelines apply to swimming pools, wave pools, water parks, beaches, spas, whirlpools, and splash pads: This document is intended to provide guidance to businesses operating swimming facilities licensed by the Illinois Department of Public Health (IDPH) during Phase 4 of the Restore Illinois plan. This includes swimming pools, water parks, splashpads,  beaches, spas, and whirlpools. During Phase 4, swimming facilities licensed by IDPH can open to a maximum 50 percent capacity.  Wave…
We are sending out this corrected blog post to fix the link.  Join us for a live recording of Ancel Glink’s Quorum Forum Podcast Episode 41, on June 29, 2020 at 5:00 pm (Central), to covering timely issues affecting public and private employers. We will discuss whether employees risk discipline at work for participating in recent protests, and will review the Supreme Court’s recent decision on gay and transgender rights, and what it means for local governments and other employers.  Click here to join and share your questions with us! Post Authored by Daniel J. Bolin, Ancel Glink        Related Stories Attorney General Issues Opinion on Successive Emergency
We are sending out this corrected blog post to fix the link.  Join us for a live recording of Ancel Glink’s Quorum Forum Podcast Episode 41, on June 29, 2020 at 5:00 pm (Central), to covering timely issues affecting public and private employers. We will discuss whether employees risk discipline at work for participating in recent protests, and will review the Supreme Court’s recent decision on gay and transgender rights, and what it means for local governments and other employers.  Click here to join and share your questions with us! Post Authored by Daniel J. Bolin, Ancel Glink        Related Stories Attorney General Issues Opinion on Successive Emergency