The First District Appellate Court recently affirmed a Cook County decision that reinforces the immunities granted to municipalities under the Emergency Medical Services Systems Act (EMS Act). Section 3.150(a) of the EMS Act provides immunity from civil liability for acts or omissions committed by any certified, licensed, or authorized person, agency, or governmental body who in good faith provides emergency or non-emergency medical services in the normal course of conducting its duties or in an emergency unless these acts or omissions constitute willful and wanton misconduct. Amanda Gary died 10 days after she received initial treatment from Calumet City…

On January 11, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided the Federal Register with its final rules aimed at updating the conciliation process. Conciliation is a voluntary process aimed at resolving employment discrimination charges in an efficient and cost-effective manner. Currently, less than half of the charges where the EEOC determines claims of discrimination to be founded utilize conciliation.  Failure to participate in conciliation can lead to the EEOC pursuing litigation against the employer/respondent. The revisions to the conciliation procedures aim to create a more transparent process that will afford the respondent/employer with more information as to the EEOC determination. The…

Classification of an employee as an independent contractor can make employers liable for employment taxes.  https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation.  Generally, an employer must withhold income taxes, withhold and pay Social Security and Medicare taxes and pay unemployment tax on wages paid to an employee. On January 6, 2021, the U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule will take effect on March 8, 2021. This guidance to determine who is an independent contractor under the FLSA makes it easier to identify employees covered by…

The Illinois Public Access Counselor’s (PAC) Office recently issued a binding PAC opinion finding a public body in violation of the Illinois Freedom of Information Act (FOIA) for improperly denying a FOIA request for records concerning a juvenile victim. This PAC opinion involved a request for a police report concerning the investigation of an alleged crime committed by an adult against a minor. Generally, the Juvenile Court Act protects the confidentiality of juvenile law enforcement records and prohibits them from being disclosed to the general public. In its analysis, the PAC found that the requested police report was not a…

On November 6, 2018, the day of the midterm elections, the plaintiff, Trista Oettle, reported to her assigned polling place in Clinton County to cast her vote. One of the defendants, the election judge on that date, was asked by the plaintiff whether she could take a photograph with her completed ballot—commonly referred to as a “ballot selfie.” The election judge responded that the plaintiff could “absolutely not” take the picture and if the plaintiff did so, she “would go to prison.” Based on these statements, the plaintiff did not take the photograph. On November 18, 2018, the plaintiff filed…

On November 17, 2020, the Governor announced a commitment to digital equity through an investment of $750,000 intended to lessen the digital divide throughout the state. This investment is part of the Governor’s $420 million Connect Illinois initiative to bring universal internet access to all Illinois households by 2024. The recent financial commitment will provide complementary grants available to various Illinois entities, including libraries. Such grants include the Illinois Connected Community Grant Program. In July, the first round of this program directed funds to 12 community-based organizations to assist with ensuring access, adoption and utilization of high-speed broadband. The second round will provide a…

“Municipalities” that maintain and operate a website face an upcoming January 1, 2021 deadline to update their websites. The Illinois Pension Code was amended in 2019 when Governor Pritzker signed Public Act 1010-0504. The applicable section of the Illinois Pension Code defines a “municipality” as a city, village, incorporated town, county, township, a Financial Oversight Panel established pursuant to Article 1H of the School Code and any school, park, sanitary, road forest preserve, water, fire protection, public health, river conservancy, mosquito abatement, tuberculosis sanitarium, public community college district or other local districts with general continuous power to levy taxes…

A few days before the Thanksgiving holiday, the Public Access Counselor (PAC) issued its seventh binding opinion (PAC Opinion No. 20-007) in 2020 regarding the conduct of remote public meetings during a public health emergency. The PAC found that a village board was in violation of the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. (the “OMA”), because it muted a discussion of public business during its remotely held public meeting on September 8, 2020. At the September 8, 2020 meeting, the village muted the Zoom livestream for approximately sixty (60) seconds during a conversation between the village mayor…