Government

  Tuesday, June 11, 2019     Cannici, a firefighter in Melrose Park, purchased a duplex in Melrose Park in 2000, about the same time he began working at the Village. He continued to live there with his wife and two children until 2008, when he purchased a home in Orland Park. His wife and two children moved into the new home, and he claims he stayed in the Melrose Park duplex and visited his family in Orland Park on the weekends. For a couple of years, he attempted to sell the Melrose Park house but a sale never happened. Instead,…
  Monday, June 10, 2019     There is a lot of information available in news articles, blogs, and social media about the recreational cannabis legislation recently passed by Illinois, which is awaiting the Governor’s signature. For those of you who want to learn more, or just prefer to “hear” your news, we’ve put together a Quorum Forum podcast episode on the legislation.  More information below: The Illinois General Assembly recently approved recreational cannabis and, with the Governor’s expected signature, the new law will bring sweeping changes for local governments and employers. Ancel Glink’s Adam Simon and Matt DiCianni discuss questions…
In Nieves v. Bartlett, the United States Supreme Court denied permitting an arrestee, Russell Bartlett, a cause of action for retaliatory arrest against the two arresting police officers.  Nieves v. Bartlett, 587 U.S. _____, No. 17-1174 (2019).  Bartlett was arrested for disorderly conduct and resisting arrest by Sgt. Nieves and Trooper Weight during Paxson, Alaska’s annual “Arctic Man” festival.  The arresting officers stated Bartlett was “highly intoxicated,” yelling and being aggressive at the time of his arrest. “Arctic Man” being, according to the Supreme Court, an annual event known for extreme sports and extreme intoxication attracting some 10,000 people.   At 1:30…
The Illinois General Assembly recently approved recreational cannabis and, with the Governor’s expected signature, the new law will bring sweeping changes to local governments and employers. Ancel Glink’s Adam Simon and Matt DiCianni discuss questions local governments will have about cannabis business regulations, personal use, possession, home cultivation, state and local taxes, prosecutions, expungements, and more! We also discuss how recreational cannabis will affect employers and employees in the workplace. Questions about the new law? Do you know who might have climbed in to our…
  Thursday, June 06, 2019     Last June, we posted about a Supreme Court decision that eliminated the requirement that a retailer have a physical presence in a state for it to be subject to the assessment of sales taxes. After the Wayfair decision, Illinois adopted Public Act 100-0587 amending the Use Tax Act and Service Use Tax Act to incorporate language to tax Internet transactions. Unfortunately for municipalities, the Use Tax and Service Use Tax is not distributed to municipalities based on the point of sale or point of delivery, but on a per capita basis. So, while Illinois has…
  Wednesday, June 05, 2019     The PAC issued its fifth binding opinion in 2019 last week in PAC Op. 19-005. In this opinion, the PAC found the Chicago Police Department in violation of FOIA for denying a request for release of “extradition calendars.”  CPD personnel who work in the field services section on prisoner extradition matters put together a working schedule calendar containing various assignments to assist the officers and their supervisors in keeping track of court dates and related activities in the department. In response to a FOIA request for a copy of the calendar, the CPD…
  Tuesday, June 04, 2019     The Illinois General Assembly was quite busy last week, passing legislation legalizing the recreational use of marijuana, expanding gambling, putting forth a ballot question on modifying the state income tax provisions of the Illinois constitution, passing a budget, among many other bills. It is expected that Governor Pritzker will sign these bills into law.  Although all of these will have an impact throughout the state, the legalized marijuana bill (HB 1438) may have the most impact on local governments. We had reported previously on an earlier draft of the recreational marijuana bill but…
  Monday, June 03, 2019     Lawrence Willson, a homeowner in Bel-Nor, Missouri, displayed three free-standing stake-mounted signs in his front yard. One sign stated “Black Lives Matter,” and had been in his yard since 2014.  The other two signs (which had been in place since 2016) stated “Clinton Laine,” and “Jason Kander U.S. Senate.” Each of the signs was approximately 18 by 24 inches in size. In 2017, the City issued a citation for violation of a local law restricting homeowners from displaying more than one “stake-mounted” sign at a time, among other restrictions. Willson subsequently sued the City,…
Thursday, May 30, 2019     Municipalities should be aware of a new bill recently introduced that, if passed, would affect the finality of municipal zoning decisions. The bill was not previously on our radar as it was slipped in as Senate Amendment No. 3 to a water reclamation bill. Senate Amendment 3 to HB 2862 would amend the Zoning Enabling Act to exempt lawsuits that challenge the facial validity of a municipal zoning decision from the otherwise applicable 90 day statute of limitations. Currently, if someone wants to challenge the validity of a zoning decision, including a special use,…
  Wednesday, May 29, 2019     A new bill was introduced yesterday in the Illinois House that would authorize a county with more than 800,000 but less than 3,000,000 residents (DuPage County) to impose a hotel tax within incorporated areas of the county (i.e., in cities and villages) that have also adopted a municipal hotel tax. Currently, counties can only impose a hotel tax in unincorporated areas of the county. HB 3846. So, if this passes, hotels that are located in cities and villages in DuPage County that already impose a hotel tax used for tourism or economic development purposes…
  Thursday, May 23, 2019     Williams was convicted of first degree murder in a Winnebago county court in 1998. In 2014, he sent a FOIA request to the Winnebago County jail seeking the following records: (1) all “no-bills” and “true bills” of indictment for May 7th and 14th, 1997; (2) the grand jury’s deliberation and vote for May 14, 1997 in People v. Williams; and (3) the itinerary sheet for all “no bills” and “true bills” for May 7th and 14th, 1997. the States Attorney denied the FOIA request, citing the Illinois Criminal Code of Procedure as prohibiting release…
  Thursday, May 23, 2019     We have reported previously on a lawsuit filed against the City of Chicago challenging its food truck ordinance that prohibits food trucks from being located within 200 feet of a “brick and mortar” restaurant. The trial and appellate courts ruled in favor of the City, upholding the ordinance. The case made its way to the Illinois Supreme Court, which issued its ruling this week also upholding Chicago’s food truck ordinance. LMP Services v. City of Chicago, 2019 IL 123123 The City of Chicago adopted its food truck ordinance in 2012. The ordinance imposed a…
  Wednesday, May 22, 2019     Recently, the PAC issued its fourth binding opinion of 2019, finding a public body in violation of the Open Meetings Act for failure to provide an adequate public recital of the business being conducted before taking final action on a resolution. PAC Op. 19-004. On January 28, 2019, at a Pinckneyville school district board meeting, the board voted on “Resolution 2019-1 authorizing a Notice to Remedy.” Shortly thereafter, a newspaper reporter filed a complaint with the PAC arguing that the board did not give any public details about the resolution prior to voting on…
Dorothy Crawley was a tenured teacher at Wells Preparatory Elementary School.  After receiving an anonymous tip that she had used sick days to take a Caribbean cruise, the Chicago School Board investigated and then filed charges against her alleging that, among other things, she made false representations in her employment record, violated Board policy prohibiting the use of sick days for personal time and engaged in conduct unbecoming of a school employee. The Board recommended immediate dismissal for cause. At a hearing on the charges, Ms. Crawley first admitted that she knew about the sick leave policy but claimed she…
Thursday, May 16, 2019     About this time each year, Illinois public bodies begin putting together their annual prevailing wage ordinances or resolutions to present to their boards and councils for approval in June so the ordinance or resolution can be filed with the Department of Labor by the July 15th statutory deadline of the Prevailing Wage Act. Not this year, though. As we reported previously, the Illinois General Assembly enacted P.A. 100-1177 to amend the Prevailing Wage Act to eliminate the requirement that public bodies adopt an ordinance or resolution to “ascertain” prevailing wages. That new law…
  Tuesday, May 14, 2019     Check out Ancel Glink Partner Dan Bolin’s appearance on #GovLoveLegal, a GovLove podcast hosted by ELGL and recorded live at the 2019 APA National Planning Conference. A description of the podcast is below and you can listen to the podcast here.   GovLove was recently at the National Planning Conference for a session all about right-of-way. Local governments hold the public right-of-way in trust for the benefit of the public; but rapid changes in technology, federal policy, and constitutional law are increasing demands for services and challenging local regulatory authority. Experienced local government attorneys, and…