Local Government Lowdown

Get insights and analysis on all the latest Illinois government legal news from Tressler’s local attorneys.

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By: Tressler LLP

Blog Authors

Pamela Beck
Taylor Brewer
Jeyser Claudio
Stacy De Leon
Carter Frambes
Caitlin Frenzer
Marlene Fuentes
Kathleen Gibbons
stephen grossmark
Jim Hess
Tressler LLP
Xander Landy
Peter Murphy
Katie Ngo
John O'Driscoll
Drew ODonnell
Megan Olson
erik peck
Darcy Proctor
Todd Rowe
Scott Stewart
Molly Thompson
Elizabeth Wagman
christine walczak
Courtney Willits

Latest from Local Government Lowdown

Government employees are afforded a variety of protections to allow them to perform their jobs without being subject to civil liabilities. Prosecutorial immunity mirrors the immunity afforded to judges, which protects prosecutors who are acting within the scope of their official duties from civil liability, even if such acts are malicious. The primary public policy argument in favor of absolute prosecutorial immunity is to allow prosecutors to focus on their public duties and exercise independent judgment in initiating cases without concern for harassment or intimidation by unsatisfied litigants.

A recent Illinois appellate case tests the extent of prosecutorial immunity. In…
Continue Reading How Absolute is Prosecutorial Immunity?

Just weeks before the April 1, 2025 election, an Illinois Appellate Court decision resulted in the reinstatement of a local township candidate’s name on the ballot. In the case of Bass v. Township Officers Electoral Board for Rich Township, the First District Appellate Court considered an appeal from Antoine Bass, a candidate for Rich Township Supervisor, after the Township Election Board ordered that his name be removed from the ballot.

After Mr. Bass submitted 77 signature pages with his nomination papers for the position of Supervisor for Rich Township in November 2024, a resident filed an objection alleging that…
Continue Reading Appellate Court Overturns Local Election Board’s Finding of a Pattern of Fraud and False Swearing on Nomination Papers

F.O.C.U.O.S., a non-profit organization rooted in empowering at-risk youth and underserved individuals through mentorship, education and skill-building opportunities, will honor Tressler at its Annual Gala on Friday, May 2. In recognition of the Tressler team’s outstanding contributions to the community, Tressler will receive the Elizabeth Campbell Community Service Award.

The Tressler LLP legal team has been proudly serving the Bolingbrook and Romeoville community for more than 39 years. Tressler provides legal services to local government bodies such as school districts, park districts, villages and library districts both locally and across northern and central Illinois. They also represent businesses and non-profits from…
Continue Reading Tressler LLP Honored with Elizabeth Campbell Community Service Award by F.O.C.U.O.S.

A recent Illinois Supreme Court case underscores the importance of meeting deadlines outlined in the Illinois Election Code when it comes to filing election challenges. In the case of Ontiveroz v. Khokhar, the Supreme Court considered a dispute over the timeliness of filing election challenge petitions. Following the DuPage County Clerk’s certification of the election results for Glendale Heights village president, Mike Ontiveroz (who had lost by two votes) filed a Verified Petition to contest the results. Ontiveroz claimed that a disqualified candidate had misled voters about write-in ballots and that a number of these ballots should not be…
Continue Reading Illinois Supreme Court Reiterates the Importance of Timely Compliance With Deadlines Outlined in the Illinois Election Code

On January 31, 2025, the Office for Civil Rights of the United States Department of Education released a Dear Colleague letter regarding the enforcement of Title IX following Tennessee v. Cardona, No. CV 2:24-072-DCR, 2025 WL 63795, (E.D. Ky. 2025). (Link to full case below). As you may recall, the United States District Court for the Eastern District of Kentucky issued a decision on January 9, 2025, vacating the 2024 Title IX Rule, preventing enforcement in any jurisdiction.

In light of the District Court’s decision, and in light of President Trump’s January 20, 2025, Executive Order, Defending Women from Gender …
Continue Reading 2020 is Back Again

The Law Enforcement Agencies Data System (“LEADS”) has long served as a critical resource for Illinois law enforcement and the criminal justice system. It provides information on an individual’s criminal history, Firearm Owners Identification status and data as to the status and history of a person’s driver’s license, title and registration. It also provides information contained in national databases, such as those maintained by the Federal Bureau of Investigation.

 The dissemination of information contained in LEADS has historically been limited to “criminal justice agencies.” The relevant portion of the LEADS administrative rules provides as follows “LEADS data shall not be…
Continue Reading Updated Guidance from the Illinois Attorney General Regarding Dissemination of LEADS Data

Tressler attorneys John M. O’Driscoll, Andrew S. Paine, James J.Hess, Darcy L. Proctor,  Elizabeth F. Wagman, Kathleen M. Gibbons, Jeyser G. Claudio, 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 

  • Date: Friday, January 24,

…
Continue Reading 2025 IAPD/IPRA Soaring to New Heights Conference

Tressler is excited to welcome Megan M. Olson as a partner in our Government Practice Group in our Bolingbrook office. Megan focuses her practice on serving cities, villages, townships, library districts, road districts, park districts and other local government entities.

In addition to providing general counsel, she provides guidance on establishing and drafting new ordinances and policies, contract negotiations, building and code enforcement, administrative proceedings, Freedom of Information Act compliance and intergovernmental agreements. Megan also has experience in eminent domain, land use, development and public water supply matters. Additionally, Megan has years of litigation experience which she utilizes to help…
Continue Reading Megan M. Olson Joins Tressler’s Government Practice Group

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

In Better Government Ass’n v. City Colleges of Chicago, 2024 IL App (1st) 221414, the First District Appellate Court navigated the intersection of the Illinois Freedom of Information Act (5 ILCS 140/1 to 11.6 (West 2018)) (“FOIA”) and the Federal Education Rights and Privacy Act (20 U.S.C. § 1232g (2012)) (“FERPA”). FOIA provides transparency and accountability to all levels of government in the State of Illinois by requiring public entities to allow access to records to members of the public upon request. FERPA protects the privacy of student education records in all schools that receive federal funding from the…
Continue Reading When an Unstoppable Force – Transparency – Meets an Immovable Object – Student Privacy

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