The Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”) in Illinois is codified as 745 ILCS 10. One of the enumerated immunities is discretionary immunity. This states that a public employee is not liable for an injury resulting from his act or omission when acting in the exercise of discretion, even though abused. 745 ILCS 10/2-201. In order for discretionary immunity to apply, there must be two elements present: (1) that the public employee is serving in a position involving the determination of policy or the exercise of discretion; and (2) that the decision or choices must…
Continue Reading Discretionary Immunity Remains Viable Defense for Illinois Public Schools

Strategic lawsuits against public participation (also known as “SLAPP” suits) are lawsuits intended to censor, intimidate and silence critics by burdening them with the cost of legal defense until they abandon their criticism or opposition. 

735 ILCS 110/15 provides a mechanism through which a party to litigation can move to dismiss a lawsuit it feels is a SLAPP. The aforementioned statute and the test for determining whether a particular lawsuit is a SLAPP was the central focus of Glorioso v. Sun-Times Media Holdings, LLC, et al., 2024 IL 130137. The plaintiff in the case, a former employee of the Illinois…
Continue Reading Illinois Supreme Court Clarifies Analysis on Anti-SLAPP Dismissals 

Tressler attorneys John M. O’Driscoll, Katie E. Ngo and Caitlin Frenzer have been selected to speak at the IASB IASA IASBO Joint Annual Conference on November 23, 2024, at the Hyatt Regency in Chicago. We hope to see you there!

Click here to learn more about onsite registration.

When: 

Saturday, November 23, 2024 from 1:30 PM – 2:30 PM CST

Where: 

Hyatt Regency Chicago, 151 E Wacker Dr, Chicago, IL 60601

Hyatt East – Roosevelt 1A/B, Concourse Level

About the Presentation:

So You Want to Stay Out of Jail? Ethics For All! School Law

Recently there have been some significant criminal trials of…
Continue Reading John M. O’Driscoll, Katie E. Ngo and Caitlin Frenzer Selected to Speak at the 2024 IASB IASA IASBO Joint Annual Conference

On November 15, 2024, a federal court in Texas struck down the U.S. Department of Labor (“DOL”) rule that aimed to expand the scope of overtime eligibility to workers across the country. For certain executive, administrative or professional employees to be exempt from overtime pay, they must earn above a certain amount. The United States District Court for the Eastern District of Texas ruled that the DOL exceeded its rulemaking authority by raising the minimum salary threshold that would protect against overtime having to be paid under the Fair Labor Standards Act (“FLSA”). State of Texas v. United States Dep’t …
Continue Reading Federal Court Strikes Down DOL Overtime Rule

Tressler attorneys John M. O’Driscoll, Andrew S. Paine, James J.Hess, Darcy L. Proctor,  Elizabeth F. Wagman, Kathleen M. Gibbons, Caitlin A. Frenzer, Drew O’Donnell and Michael Vargas have been selected to present at the 2025 IAPD/IPRA Soaring to New Heights Conference scheduled at the Hyatt Regency Chicago from January 23-25, 2025. We hope to see you there!

When: January 23-25, 2025

Where: Hyatt Regency Chicago, 151 East Wacker Dr., Chicago, IL, 60601

Conference Website: http://www.ilparksconference.com/

Please click here to register

Presentations:

So You Want To Stay Out Of Jail? What Park District Leadership Must Know About Ethics Requirements 

• Session: 100
• Speakers: 

…
Continue Reading Save the Date: 2025 IAPD/IPRA Soaring to New Heights Conference

Tressler attorneys John M. O’Driscoll and Caitlin Frenzer were recently selected to contribute to the Illinois Institute of Continuing Legal Education’s (IICLE) 2024 Edition of School Law: Personnel and Student Issues handbook. Their chapter is titled “Labor Relations: Overview and Certification of the Bargaining Unit.” The handbook is a comprehensive guide to navigating legal issues surrounding employee and student matters, offering insights and strategies into the obligations, responsibilities and limitations inherent in the operation of public schools. Well done, John and Caitlin! 

Click here to learn more or to purchase the handbook on IICLE’s website.

*Available formats include print and e-book. Also…
Continue Reading John M. O’Driscoll and Caitlin Frenzer Contribute to IICLE 2024 Edition of School Law: Personnel and Student Issues Handbook

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

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

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?