On May 10, 2022, the Seventh Circuit Court of Appeals issued an opinion analyzing under what circumstances a school district could be held liable under Title IX (a federal statute) for alleged abuse of a student by a school employee. C.S. v. Madison Metropolitan School District. According to the facts in the court’s opinion, during a student’s seventh-grade year at school, several employees reported to the principal that they were concerned about incidents they witnessed involving a school security assistant: the employee was seen giving back rubs to students, allowing the young girl in question to visit his office
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Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C. Blogs
Latest from Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.
PAC Finds "Final Action" Even Without a Vote
The Public Access Counselor of the Illinois Attorney General’s Office (PAC) recently issued its 6th binding opinion of 2022 finding a public body in violation of the Open Meetings Act for failing to sufficiently describe an agenda item. PAC Op. 22-006.After a meeting of a school board, an individual filed a request for review with the PAC alleging that the school board voted to make masks optional in the schools without listing that action item on its meeting agenda. The school board filed a response, explaining that the board discussed a revised mitigation plan prepared by the superintendent but
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Quorum Forum Podcast Ep 64 – Planning and Law
Ancel Glink’s Quorum Forum Podcast just released Episode 64: APA-CMS Bar Exam 2022 In this episode, we are celebrating four years of Ancel Glink’s Quorum Forum podcast at the APA-CMS Bar Exam, a realistic simulated law school experience for planners and land use professionals. Recorded live at the Haymarket Pub and Brewery on April 6, 2022, listen to APA-IL Chapter President Nina Idemudia and Ancel Glink attorneys Daniel Bolin, Megan Mack, and Greg Jones discuss the most important planning law cases of the year. Related Stories
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64: APA – CMS Bar Exam 2022
We’re celebrating four years of Ancel Glink’s Quorum Forum podcast at the APA-CMS Bar Exam, a realistic simulated law school experience for planners and land use professionals. Recorded live at the Haymarket Pub and Brewery on April 6, 2022, listen to APA-IL Chapter President Nina Idemudia and Ancel Glink attorneys Daniel Bolin, Megan Mack, and Greg Jones discuss the most important planning law cases of the year. Email your land use and zoning questions to podcast@ancelglink.com! — Resources — Court Addresses Zoning Challenge and Finds City Immune From Monetary Damages https://municipalminute.ancelglink.com/2021/08/court-addresses-zoning-challenge-and.html Trinity Sober Living, LLC v. Village
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Governor Extends Disaster Proclamation for Another 30 Days
Illinois Governor Pritzker issued another disaster proclamation last Friday that extends through May 29th. You can read it here. Since this disaster proclamation meets the requirements of section 7(e) of the Open Meetings Act, public bodies can meet remotely (or in a hybrid fashion) so long as they can make a localized determination that it is not practical or prudent for the body to meet in-person because of a public health crisis and the public body complies with all of the requirements of section 7(e). Related Stories
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Supreme Court Finds City in Violation of First Amendment for Denying Religious Flag on City Flag Pole
On Monday, the U.S. Supreme Court issued an opinion finding the City of Boston in violation of the First Amendment after it denied a religious group the ability to fly its “Christian Flag” on the flagpole at City Hall. Shurtleff v. City of Boston. Justice Breyer authored the opinion, and all nine Justices joined in the judgment, although there were three separate concurring opinions.The City of Boston has three flag poles on a plaza at City Hall. The City usually flies the American flag, the Massachusetts flag, and the City flag on those flagpoles. Occasionally, the City allowed private
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Bills Affecting Libraries Sent to Governor
Illinois libraries may be interested in two bills that passed both houses in the Illinois General Assembly’s Spring Session and have been sent to the Governor.
HB 5283 – Library Board Vacancies and Treasurer Appointments
If the Governor signs this bill, a board of trustees of a library district or a municipal library will now be required to fill a vacancy on the board within 90 days of the vacancy (currently, the statutes require these vacancies to be filled “forwith” without specifying a time-frame). For library districts, the legislation also would authorize the State Librarian to appoint someone to fill
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Annexation Agreement Binds Successor Owner of Part of Property
An Illinois appellate court recently issued an opinion about enforcement of an annexation agreement against a successor owner that will be of interest to Illinois municipalities. Village of Kirkland v. Kirkland Properties Holdings Co.
In 2003, the Village entered into an annexation agreement with the owner at the time of about 115 acres of land that was unincorporated. The agreement was for a 20 year term, and stated that it was binding on the “successor owners of record of the land which is the subject of the agreement.” The agreement provided for the annexation of the property into the Village
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Appellate Court Rules on Local Government COVID Workplace Policies
The Fourth District Court of Appeals recently issued two decisions upholding workplace policies requiring COVID-19 vaccination and/or testing for public employees. In Graham v. Pekin Fire Department, several current and former employees asked a Sangamon County court to issue a temporary restraining order (TRO) barring various public employers, Governor Pritzker, and the Illinois Department of Public Health from enforcing a workplace policy requiring all employees either to be vaccinated against COVID-19 or, alternatively, to undergo regular testing for COVID-19. The employees maintained that the vaccination and testing policy was invalid because only the IDPH has the authority to quarantine
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IL Supreme Court Narrows Absolute Immunity for Injuries Resulting from Escaping Prisoners
The Illinois Supreme Court recently issued an opinion limiting the application of absolute immunity for local public entities and public employees under Section 4-106(b) of the Tort Immunity Act (Act) as it relates to prisoners in custody. Robinson v. Village of Sauk Village. Robinson filed a complaint against two municipalities and individual police officers (collectively, Defendants) to recover for injuries he suffered after he was hit by a vehicle that had been fleeing the Defendant police officers. Police had received a stolen vehicle report, located the vehicle in motion, and attempted to stop it with emergency lights. The vehicle fled
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Court Addresses Juvenile Records in FOIA Case
A requester submitted a FOIA request to the Chicago Police Department (CPD) asking for records related to a 2019 officer-involved shooting of a juvenile. CPD denied the request, arguing that the juvenile law enforcement records were specifically prohibited from disclosure under the Juvenile Court Act of 1987 (JCA). The requestor subseuqently filed a lawsuit alleging that CPD had violated FOIA by failing to provide the responsive juvenile law enforcement records. The trial court ruled in favor of the requestor, finding that the JCA’s privacy protections for juvenile law enforcement records ended upon a minor’s death, meaning the requester was entitled
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Supreme Court Issues Decision in Challenge to Austin’s Sign Regulations
The US Supreme Court just issued an opinion in a case challenging the City of Austin’s sign regulations. This case overturns the Court of Appeals ruling finding the City’s sign regulations to be unconstitutional and seems to offer welcome relief to municipalities struggling to regulate off-premise signs after the Court’s 2015 ruling in Reed v. Gilbert. City of Austin v. Reagan. Like many other municipalities, the City of Austin, Texas has enacted sign regulations that restrict off-premises signs. Under the City’s sign code, no new off-premises sign can be installed, and existing off-premises signs are “grandfathered,” meaning they can
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PAC Orders Release of Disciplinary Complaints in 5th Binding Opinion
In November 2021, a reporter submitted a FOIA request to the City of Chicago Department of Human Resources (Department) seeking disciplinary records and complaints of racism, harassment, and discrimination filed against City employees. The Department released some redacted records, but withheld the remaining records citing the personal privacy and deliberative process exemptions. After the reporter appealed the partial denial to the PAC, the PAC issued its fifth binding opinion of the year concluding that the Department violated FOIA by improperly withholding responsive records. PAC Op. 22-005.
Specifically, the PAC found that disclosing most of the withheld complaints would not constitute
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63: Statement of Economic Interests
Many local government officers and employees are required to file a statement of economic interests each year and the new questions on this year’s form are causing confusion for many filers. However, a careful review of the definitions in the new law will make the questions easier to answer. Email your questions to podcast@ancelglink.com! — Resources — Secretary of State Guidance for Statements of Economic Interests https://www.ilsos.gov/departments/index/economic_interests/soeguidance.html — Credits — Producer: Daniel J. Bolin Executive Producers: Keri-Lyn Krafthefer, Julie Tappendorf Chair: Daniel J. Bolin Engineers: Ricardo Perez, Matt Smith This podcast is provided as a service to our public
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Appellate Court Directs Trial Court to Review Relocated Witness Records Requested by FOIA
In 2020, an individual submitted a FOIA request to the Cook County State’s Attorney’s Office (SAO) seeking certain information related to victim/witness relocations. In response, the SAO provided certain non-exempt records, but withheld other records based on several asserted FOIA exemptions, including the personal privacy exemption as well as exemptions that apply to criminal and law enforcement records. The requestor sued the SAO claiming that the SAO violated FOIA by failing to prove that the withheld records were exempt from disclosure under the asserted exemptions. The trial court ruled in favor of the SAO, finding that the SAO sufficiently demonstrated
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Court Interprets Pension Code Provision on Survivor Benefits
An Illinois appellate court recently interpreted a provision in the Pension Code regarding the timing of receipt of surviving spouse benefits. Thornley v. Board of Trustees of River Forest Police Pension Fund.A police offer retired in 2015, and then passed away three years later. His spouse applied for surviving benefits under the Pension Code. The Pension Board granted the application, but determined that the spouse was not entitled to benefits immediately because the deceased officer, had he lived, would not have been entitled to benefits until he reached age 60 (he was a deferred pensioner). The spouse sued, claiming
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