Government

An Illinois Appellate Court upheld a ruling in favor of a city finding a 19.5 foot shared boundary between annexed property and the city to meet the contiguity requirements for the annexation to be lawful. Neighbors
Opposed to Annexation of Parcels v. City of Joliet

An owner purchased three connected parcels of land,
one of which was connected to the city boundaries via a shared boundary with plaintiff’s
property. In October 2018, the three parcels owned by the owner were annexed into the city. Plaintiff filed a lawsuit asking the court to invalidate the annexation because he claimed the annexed
Continue Reading In the Zone: Court Upholds Contiguity Determination in Annexation Challenge

Ancel Glink’s Quorum Forum Podcast recently released Episode 85: ADA Reasonable Accommodations. In this episode, Ancel Glink attorneys Katie Nagy and Daiana Man discuss when the American Disabilities Act (ADA) requires an employer to make reasonable accommodations for an employee with a disability, how the interactive process between employers and employees works, as well as the impact of remote work on the changing work environment. 
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Continue Reading Quorum Forum Podcast: Ep. 85 ADA Reasonable Accommodations

When does the Americans with Disabilities Act (ADA) require
an employer to make reasonable accommodations for an employee with a
disability?  On the latest episode of Ancel Glink’s Quorum Forum podcast,
attorneys Katie Nagy and Daiana Man discuss the interactive process between
employers and employees and how remote work may be a change in the work
environment that enables an employee with a disability to enjoy equal
employment opportunities. Email your questions to podcast@ancelglink.com!

Resources


Continue Reading 85: ADA Reasonable Accommodations

The PAC issued its 9th binding opinion of 2024 in PAC Op. 24-009. Nothing new here – the PAC found a public body in violation of FOIA for failing to respond to a FOIA request and failing to respond to the PAC office’s inquiries about the public body’s failure to respond to the FOIA request.
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Continue Reading PAC Finds Public Body in Violation of FOIA for Not Responding to FOIA Request

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

The U.S. Supreme Court issued its long-awaited opinion last week in a case challenging several local ordinances that prohibit
sleeping and camping on public property. City of
Grants Pass, Oregon v. Johnson, et al.

The City of Grants Pass (City) has
three ordinances (Ordinances) which restrict camping in public places. These
local laws (1) prohibit sleeping on public sidewalks and streets, (2) prohibit
camping on public property, and (3) prohibit camping and overnight parking in
City parks. Violators of the Ordinances are subject to penalties which are
implemented on a graduated scale: initial violators may be issued a fine,
whereas
Continue Reading Supreme Court Upholds Ordinance Prohibiting Camping & Sleeping on Public Property

The U.S. Supreme Court issued an opinion interpreting the federal statute that prohibits state and local government officials from accepting bribes in Snyder v. United States. Section 666 of Title 18 (a federal law) makes it a crime for state and local officials to “corruptly” solicit, accept, or agree to accept “anything of value from any person, intending to be influenced or rewarded” for an official act. A conviction under this federal law is punishable by up to 10 years imprisonment.A mayor of an Indiana city was charged under this anti-corruption federal law for accepting a $13,000 payment from a
Continue Reading Supreme Court Issues Ruling in Mayor’s Appeal of his Bribery Conviction

A FOIA requester sought information about certain properties,
including unit addresses and whether the units were occupied or vacant. The
public body disclosed responsive records, but partly redacted street addresses
for vacant units pursuant to Section 7(1)(v) of FOIA, asserting that disclosing
the full street addresses would threaten community safety and make the
buildings targets for squatters and other illegal activity.
After the requestor submitted a
request for review with the Public Accessor Counselor (PAC), the PAC concluded that public body improperly redacted
vacant unit street addresses under FOIA. PAC
Op. 24-008
.
The PAC determined that the exemption contained
Continue Reading PAC Finds FOIA Violation in 8th Binding Opinion of 2024

In PAC Op. 24-007, the Public Access Counselor of the Attorney General’s Office (PAC) reviewed and considered a complaint that a public body violated the OMA. Specifically, the complainant alleged that a village board violated the OMA by (1) improperly taking final action to authorize the purchase of a truck without listing that item on the agenda and (2) allowing a member of the village board to attend several board meetings electronically.

With respect to the first claim, the PAC found the village board in violation of the OMA for not sufficiently describing the purchase of a vehicle on
Continue Reading PAC Issues 7th Binding Opinion on OMA Complaint

As part of Governor
Pritzker’s proposed budget, he lobbied for the elimination of the “grocery
tax,” which the Governor argues is a regressive tax which disproportionately
affects members of the community with the lowest income. The grocery
tax is a part of the State’s sales tax that applies to “food purchased for
consumption off the premises where it is sold,” or groceries. By
comparison, a “food and beverage tax” applies to food purchased for immediate
consumption on the premises from where it is purchased – like from a
restaurant.  Because the grocery tax comprises a part of the tax revenue
Continue Reading General Assembly Sends Major Changes to Sales Tax Laws to the Governor

The U.S. Department of Labor (Department) has issued a final
rule that changes the salary threshold necessary for white-collar employees to
be classified as exempt from overtime requirements under the Fair Labor
Standards Act (FLSA). For a white-collar employee to be
considered exempt under the FLSA, the following three criteria must be met:
   (1) The employee
must be paid a fixed salary;
   (2) The salary
must meet a minimum specified amount; and
   (3) The employee must primarily be engaged
in executive, administrative, or professional duties.
The overtime rule raises the salary-threshold levels in two
phases. Beginning July 1, 2024, the
Continue Reading Time is Money: U.S. Department of Labor Raises the Bar on Overtime Exemptions

In 2023, a municipality sent notice to the owner of a mobile home park and the residents in the park that it would be shutting off water to the park for nonpayment of water services. At that time, the mobile home park had a delinquent water account with the city for $858,447. The mobile home park was served by a single water main, and the owner of the park was responsible for payment of water services, not the individual residents of the park, and a shutoff of water would impact all residents in the mobile home park. One of the
Continue Reading Court Upholds Injunction Against Water Shut Off to Mobile Home Park

In response to several FOIA requests asking for transcripts of conversations between Sheriff’s Office personnel
and police dispatchers, a Sheriff’s Office released responsive records subject to applicable redactions. The requestor then sued, seeking a court order to compel the release of  records allegedly withheld from disclosure and to explain the FOIA
exemptions used by the Sheriff’s Office to withhold or redact certain records.
The lawsuit also asked the court to impose civil penalties
against the Sheriff’s Office for allegedly willfully and intentionally failing
to comply with the FOIA requests. After the lawsuit was filed, the Sheriff’s
Office released additional records responsive
Continue Reading Court Rules in Favor of Sheriff’s Office in FOIA Lawsuit

Ancel Glink’s Quorum Forum Podcast just released Episode 84: Legislative Update. The General
Assembly recently concluded its spring session and Ancel Glink attorneys provide updates on legislation local government should know, including the grocery tax, small wireless facilities, and more! 
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Continue Reading Quorum Forum Podcast Ep. 84: Legislative Update

The Fifth Circuit Court of Appeals issued an opinion on June 6th upholding a court’s issuance of a preliminary injunction against a library in a First Amendment challenge to the library’s removal of controversial books. Little, et al. v. Llano County, et al..In 2021, Llano residents contacted the county commissioners to complain about books in the children’s section of the library that they claimed were pornographic and
overtly sexual. According to the court opinion, the residents were specifically concerned with several books about “butts and farts.” The chair of the county commissioners and another member of that body directed the
Continue Reading Court of Appeals Upholds Injunction Against a Library’s Removal of Controversial Books

The General Assembly recently concluded its spring
session and Ancel Glink’s Tyler Smith joins us to talk about recent legislation
local government should know, including updates on the grocery tax, small
wireless facilities, and more! What new laws are you following? Email us at podcast@ancelglink.com!

House Bill 3144 provides that
groceries will be generally exempt from taxation; that local counties and
municipalities will be authorized to impose a 1% sales tax on groceries; and
that non-home rule municipalities will be able to impose an additional sales
tax.

Senate Bill 3567 provides that any taxing districts with
websites maintained by
Continue Reading 84: Legislative Update