Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • PAC Review, 2016 Edition, Part 1

    The Public Access Counselor of the Attorney General's office has not published a binding opinion on FOIA and OMA complaints in 2017 yet. So, while we wait, let's look back at the 15 binding opinions that the PAC issued in 2016. We will summarize some of them today, and the remainder tomorrow.  Anyone want to guess how many of these binding opinions were in favor of the public body?  PAC Opinion ...

  • Draft Survey of Short-Term Rental Legislation

    Piggybacking on yesterday's blog post about the proposed legislation to restrict Illinois municipalities from regulating short-term rentals (e.g., AirBNB), the Land Use Prof Blog just posted a survey they conducted on state legislation on short-term rentals.  You can read the story here and check out the draft survey here.   It's interesting to see what other states have done or are contemplating ...

  • Regulation of Short-Term Rentals

    Regulation of short-term rentals has been a big issue for local governments. Some have adopted zoning regulations for short-term rentals and others have imposed hotel/motel taxes on these uses. Still others have attempted to regulate and even the platform itself (i.e., AirBNB, Home Away, etc.), Some of these regulations have faced challenges, including the City of Chicago's short term rental ord...

  • A Panoply of OMA Bills

    There are just so many bills being introduced in the Illinois General Assembly that it is really hard to keep up! Quite a few of these would amend the Open Meetings Act, so I thought I would consolidate some of these OMA bills into one blog post. Stay tuned - I'm sure we will see many more before this session ends. Of course, it's anyone's guess as to how many of these (if any) actually make their...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • Bill Would Reinstate "Public Duty Rule" in Illinois

    Last year, we reported on a decision from the Illinois Supreme Court that abolished the "public duty rule" in Illinois. That rule provided that a local government entity and its employees owe no duty of care to individual members of the public to provide governmental services (including police and fire protection services). Just last week, the Illinois House introduced legislation that would "rei...

  • Bill Would Make Emails on Private Devices "Public Records"

    Given the unclear state of the law with respect to government emails sent/received on private devices and through private accounts, it should come as no surprise that the Illinois state legislature is considering legislation to address this issue. We have reported on the Illinois appellate decision (Champaign v. Madigan) that established a three-part test for determining when emails sent by member...

  • New Bill Would Criminalize "Parental Bullying" on Social Media

    Illinois House Bill 1769, introduced this week, proposes to amend the Illinois Criminal Code to make it a crime for a parent to engage in "parental bullying." Parental bullying is defined as a parent knowingly and intentionally transmitting any verbal or visual message with the intent to discipline, embarrass, or alter the behavior of the minor that would be perceived as coercive, intimidating, ha...

  • Chicago Area Labor Seminar March 8th

    We mentioned previously that Ancel Glink would be presenting its second labor and employment program in the Chicago area. Here are the details: The Labor and Employment Attorneys of Ancel Glink are Here to Prepare You For New Employment Law Changes When: March 8, 2017, 8:30 a.m to 11:15 a.m. Where: Bridges of Poplar Creek Country Club (1400 Poplar Creek Drive, Hoffman Estates, IL 60169) Who:  All ...

  • Bill Would Put Time Limits on Non-Home Rule Municipal Sales Taxes

    This morning, Illinois House Bill 2528 was introduced to amend various provisions of the counties code and municipal code regarding the county school facilities tax, county public safety tax, and the non-home rule municipal sales tax.  For municipalities, the proposed legislation would limit the time-frame for imposition of a non-home rule sales tax. Under state statute, a non-home rule municipali...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • U.S. Supreme Court Will Decide Whether Mug Shots Are Subject to Federal FOIA

    It's pretty rare that the U.S. Supreme Court hears a case about the Freedom of Information Act (FOIA). Yet, the Court accepted an appeal of a 6th Circuit Court of Appeals decision that held that a criminal defendant's "booking" photo is not subject to the federal FOIA statute. In Detroit Free Press v. U.S. Department of Justice, the 6th Circuit Court of Appeals determined that a criminal defendant...

  • School Board Candidate Files Libel Suit for Facebook Post

    A candidate for school board member has filed a libel lawsuit against individuals who commented on and shared his Facebook post. His post (which he included as part of his complaint) stated as follows:Went to kids ball game tonight. We got two sodas, two popcorn and a candy. It took a good minute for the kids to come up with the $7 total. I gave her a $20 and two $1's. The special child (that's po...

  • Labor Law Seminar on February 16th

    Coming to a Municipality Near You:  The Labor and Employment Attorneys of Ancel Glink Are Here To Prepare You For New Employment Law Changes When:  February 16, 2017 - 8:30 a.m to 11:15 a.m. Where:  Heartland Community College, 1500 West Raab Road, Normal, IL 61761 Who:  All local governmental officials, managers, administrators or directors What: As we get settled into the New Year, employers nee...

  • Another Bill Would Amend Local Government Wage Increase Transparency Act

    Over the past week,  we have been reporting on bills that could affect local governments.  Today, we have yet another bill regarding wage and fee transparency.  House Bill 728 proposes to amend the Local Government Wage Increase Transparency Act to require attorneys with two or more local government clients to perform an annual audit of the following: Fees and charges billed to, and paid by, eac...

  • Bill Would Establish Local Government Inspector General and Ethics Commission

    Yesterday, we reported on a bill that would provide expanded powers to non-home rule municipalities (apologies to our email readers - the link in yesterday's post was incorrect but has been fixed in the online version of the blog).  Today, we report on another bill that will affect local governments - Illinois Senate Bill 85 regarding local government ethics. If passed, SB 85 would establish the o...

  • Bill Would Expand Non-Home Rule Powers

    The beginning of a legislation session brings a lot of new bills, some of which affect local governments.  We will summarize some of these bills as they are introduced, although if history repeats itself, many of these bills will probably not make it out of rules committees.   Just yesterday, a bill was introduced to expand the powers of non-home rule municipalities in Illinois. If passed, Illinoi...

  • Illinois Supreme Court Rules Against PAC in OMA Case

    Last week, the Illinois Supreme Court determined that the Public Access Counselor's office of the Illinois Attorney General was wrong when it found a public body in violation of the Open Meetings Act in connection with the approval of a separation agreement.  Board of Ed. of Springfield Sch. Dist. 186 v. Attorney General of Illinois, 2017 IL 120343.  In its decision, the Court interpreted language...

  • Police Department's Social Media Policy Unconstitutional

    In 2013, a Virginia police department adopted and implemented a social media policy for its police officers. The policy, among other things, prohibited police officers from posting negative comments about (1) the internal operations of the department and (2) specific conduct of supervisors or co-workers that would impact the public perception of the department, stating that such comments were not ...

  • AFSCME Sues Illinois Labor Relations Board For Allegedly Violating Open Meetings Act

    In an uncanny twist to the ongoing collective bargaining negotiations between AFSCME and the State of Illinois, on December 6, 2016 AFSCME filed a lawsuit alleging the Illinois Labor Relations Board violated the Open Meetings Act when it issued its written decision and order finding that the parties were at impasse in the negotiations. The complaint also included a request that the court issue a ...

  • Municipality Failed to Properly Fund Police and Firefighter Pensions

    In a recent case, a court held that a Village failed to properly fund its police and firefighter pension funds in violation of the Illinois Pension Code. Village of North Riverside v. Boron.  The Pension Code requires that municipalities contribute a certain amount to their police and firefighter pension funds every year.  Under the Pension Code and the corresponding regulations in the Illinois A...

  • Neighboring Village Lacks Standing to Challenge Rezoning & Development Application

    A developer filed an application with the Village of Lemont requesting approval of a rezoning and its development plans for property at Grand Road. The application sought to rezone the property from residential to a manufacturing district so they could use the property as a heavy industrial development.  The property was located close to the Village of Willow Springs, which filed a lawsuit asking ...

  • New Requirements for Law Enforcement Agencies Re: Sexual Assault Crimes

    A new state law (Public Act 099-0801) contains new requirements for law enforcement agencies regarding the handling of sexual assaults and sexual abuse crimes. Among the changes are:Mandatory Report WritingAdditional Responsibilities for Responding Officer Collecting, Storing, and Testing of Sexual Assault EvidenceRelease of Information to the Victim Relating to Evidence TestingThe ...

  • Final 2 Binding PAC Opinions of 2016 (Open Meetings)

    In the last two binding opinions of 2016 issued by the Public Access Counselor's office of the Attorney General (PAC), the PAC found two public bodies in violation of the OMA.  With these 2 opinions, the PAC issued 15 binding opinions in 2016 (5 of which were issued in December). PAC Op. 16-014: Public Body's Advance Notice Rule for Recording Meetings Unreasonable In PAC Op. 16-014, the Norwood Pa...

  • 2 Recent PAC Opinions Deal with Employee Salaries

    The Public Access Counselor (PAC) was a little busy in December cranking out the last of the binding opinions for 2016. This post summarizes 2 of these opinions, both of which deal with public employee salary information: In PAC Op. 16-012, the PAC found a City Housing Authority in violation of FOIA for improperly denying a FOIA request for the names and titles of staff members receiving raises an...

  • A Recap of the Top 10 Posts of 2016

    Thank you all for your continued readership of Municipal Minute and a warm welcome to 2017! Here's a shout out to the top 10 blog posts of 2016. Enjoy! 1.  City Sued for Blocking Residents From Facebook Page 2.  Important New Law Requires Adoption of Local Expense Reimbursement Policy 3.  Illinois Supreme Court Abolishes Public Duty Rule 4.  Public Body Cannot Ban Criticism at Public Meetings ...

  • Illinois Court Rejects Religion-Based Challenge to Community College’s Vaccination Policy

    Nicholas George sued Kankakee Community College (KCC) and Presence Hospitals PRV (Presence) alleging violations of his constitutional rights to religious freedom, equal protection, and due process, among others after George (a student enrolled in KCC’s paramedic program) was prohibited from participating in the mandatory clinical portion of a paramedic course operated by Presence because he refus...

  • Court Interprets Tort Immunity Act in Connection with Bike Death at Forest Preserve

    The estate of Molly Anne Glynn sued the Forest Preserve District of Cook County following Glynn’s death after she was stuck by a tree limb while riding her bicycle on one of the District’s paved bicycle paths. The District claimed it was immune from liability under the Local Government and Governmental Employees Tort Immunity Act. Section 3-107(b) provides immunity for an injury caused by a condi...

  • City Ordinance May Have Established Employment Contract

    In 2007, Anthony Boswell was hired as the Executive Director of the City of Chicago’s Office of Compliance.  Prior to this period, the City of Chicago had been involved in a series of lawsuits later known as the Shakman litigation, which resulted in the City's agreement to eliminate political consideration from employment. The federal courts eventually adopted the City’s hiring plan which include...

  • FOIA Lawsuit Not Properly Brought Against Individuals

    Linda Korner filed a FOIA request with the Illinois Department of Financial and Professional Regulation in 2013, asking for copies of an "investigative file" regarding complaints she had filed with the Dept. against veterinarians who treated her dog. The Department denied her request. Two months later, a new law was passed making complaints and investigatory materials confidential.  Korner filed s...

  • Wife's Auto-Forwarding of Husband's Emails May Violate Wiretapping and Electronic Surveillance Act

    The federal Wiretapping and Electronic Surveillance Act makes it unlawful for anyone to intercept any wire, oral, or electronic communication. The 7th Circuit Court of Appeals recently interpreted this Act to prohibit a wife's "interception" of her husband's emails that were then used in the couple's divorce proceeding. Epstein v. Epstein (7th Cir. 12/14/16) According to the court decision, the wi...

  • Liquor Store Owner's Claims of Government Harassment Can Move Forward to Trial

    The 7th Circuit Court of Appeals recently heard an appeal in a case filed against a municipality and its mayor by a liquor store owner who claimed that he suffered from a "campaign of harassment and outright violence." Brunson v. Murray, (7th Cir. 12/13/16). The case is lengthy and includes a number of constitutional challenges, but in summary, the court allowed the store owner's equal protection ...

  • PAC Finds FOIA Violation Where Public Body Doesn't Respond

    In its 11th binding opinion of the year, the Public Access Counselor (PAC) office of the Attorney General found a public body in violation of FOIA for failing to "appropriately respond" to a FOIA request.  PAC Op. 16-011. In July, Glotz submitted a FOIA request to the Housing Authority of Cook County asking for communications between a housing developer (Buckeye) and its representatives, copies of...

  • New Sick Leave Legislation May Require Policy Revisions

    From our sister blog, TheWorkplace Report with Ancel Glink:  Paid sick leave is one of the hottest employee benefits this year, with a number of municipalities, including Chicago, some counties, including Cook County, and a handful of states enacting laws requiring employers of a certain size to provide paid sick leave days to their workers. Now the state of Illinois is joining in on the subject b...

  • Facebook Posts Used As Evidence at Trial

    In another installment of "be careful what you post," a federal appeals court convicted a Chicago man for illegal gunrunning based, in part, on evidence the man posted on Facebook. U.S. v. Lewisbey (7th Cir., 12/9/16). Lewisbey was a Chicago-based gunrunner who used a fake Indiana ID to buy guns at Indiana gun shows and bring them back to Illinois to sell.  After discovering Lewisbey's Facebook po...

  • Illinois Appellate Court Clears Ambiguity after Review of a Board of Election Decision

    In a recent case, an Illinois appellate court found that a candidate who signed nominating petitions for Democratic candidates (including herself) and a Republican candidate could still appear on the ballot.  Schmidt v. The Illinois State Board of Elections et al.   Julie Schmidt filed an objection with the Illinois State Board of Elections claiming that Anna Moeller, a Democratic candidate for th...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 4 months ago

New blog articles detected

  • Local Changes May be Required to Comply with Changes to Cannabis Control Act

    In late July, Governor Rauner signed into law Public Act 99-697, amending the Cannabis Control Act, 720 ILCS 550/1, et seq, the Drug Paraphernalia Control Act, 720 ILCS 600/1, et seq. and a variety of other laws to relax some of the penalties surrounding cannabis possession. This law specifically modifies how low-level state possession offenses are treated but also may affect municipal ordinance v...

  • Court Dismisses Campaign Disclosure Act Case

    It's election season, so we are going to see a lot more election-related cases over the next few months. In Streit v. Illinois State Board of Elections, the court addressed an alleged violation of the Campaign Disclosure Act.  The Campaign Disclosure Act requires, among other things, that any political committee that makes an expenditure for any communication that is (1) directed at voters and (2)...

  • Case Against Park District For Firework Injuries Dismissed

    In Perez v. The Chicago Park District, Perez went to West Lawn Park to celebrate Independence Day.  While there, two men illegally set off fireworks, one of which exploded next to her.  The explosion caused injuries that required the amputation of her right foot and part of her lower leg.  Perez sued the Chicago Park District.  After amending her complaint three times, her case was dismissed with ...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • Petition to Consolidate Round Lake Municipalities Struck From Ballot

    Last week, an Illinois trial court judge ruled that a referendum petition seeking to unify three Lake County villages into a new consolidated city was legally deficient because it was filed late and because the petitioner failed to timely published a mandatory public notice. As a result of the court’s dismissal, the proposed referendum will not be presented to voters in those villages on the Novem...

  • Municipality’s Failure to Follow its Own Zoning Ordinance Not Fatal to PUD Approval

    A recent decision by an Illinois Appellate Court has reaffirmed the general rule in Illinois that a court will not overturn a municipality’s zoning decision based solely on the failure of the municipality to follow its own zoning ordinance. In Hanlon v. The Village of Clarendon Hills,two neighboring property owners filed suit against the Village of Clarendon Hills challenging the approval of a pla...

  • Reminder - IML Conference Next Week

    The Illinois Municipal League Conference is just around the corner, and you don't want to miss all of the great sessions that Ancel Glink attorneys will be participating in at this year's conference. You can learn more about the conference on the IML's conference website page here. Below is a summary of Ancel Glink's sessions: Thursday, September 22, 2016 Demystifying the Transgender Laws: How t...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • Candidates Lack Standing to Challenge Police Lateral Hiring Ordinance

    For an individual to bring a lawsuit before the court they must have what is known as standing - in other words, the person must show that he or she has been or is about to be injured by the defendant.  In a recent case, the an Illinois appellate court found that the plaintiffs had no standing to bring a lawsuit against the Village of Bellwood for failure to hire the plaintiffs as police officers....

  • Independent Maps Proposed Referendum Struck Down By Illinois Supreme Court

    On August 25, 2016, the Illinois Supreme Court issued a decision in Hooker, et al. v. Illinois State Board of Elections, et al., commonly known as the “Independent Maps” case.  This case involved a citizen-initiated ballot initiative that was slated to appear on the November 8, 2016, ballot and would have asked the voters to weigh in on how Illinois’ legislative districts are mapped. Governor Raun...

  • New Sick Leave Law in Illinois

    From our sister blog, The Workplace Report:  New Law Expands Use of Employee Sick Leave One employment trend gaining traction recently is mandatory paid sick leave benefits for employees. A number of municipalities, including Chicago, and a handful of states have passed laws requiring employers of a certain size to provide paid sick leave days to their workers. Now the state of Illinois is joinin...

  • Day Care Entitled to Hearing After License Revoked

    Rebirth Christian Academy Daycare, Inc., a day care facility in Indiana, was notified by the state of Indiana that it was in violation of state day care registration laws. When the agency terminated Rebirth’s registration without any hearing, Rebirth filed suit against the agency and two agency officials in their individual and official capacities, alleging that Rebirth’s constitutional rights wer...

  • City’s Impoundment Ordinances Constitutionally Upheld

    In Bell v. City of Chicago, a recent case from the 7th Circuit Court of Appeals, the court upheld Chicago's impoundment-related ordinances, despite plaintiffs’ allegations that the ordinances were facially invalid under the Fourth Amendment.   The case arose when Bell was arrested by Chicago Police Officers for possession of a controlled substance.  At the time of his arrest, Bell was driving Spri...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 6 months ago

Out-Market Your Competitors

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account Log in

Out-Market Your Competitors

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account

Already a user?  Log in