Administrative Enforcement of Code Violations

Non-home rule municipalities may now enforce administrative orders in the same manner as judicial orders By Katherine Swise Many municipalities prosecute ordinance violations through an administrative procedure in order to avoid the costs associated with court proceedings.  However, until recently, non-home rule municipalities were still required to commence proceedings in circuit court in order to…

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School Districts Must Comply with Zoning

Municipal zoning ordinances govern school district construction on school property By Joshua D. Herman joshua.herman@mhtlaw.com On September 24, 2015, the Illinois Supreme Court held in the case of Gurba v. Community High School Dist. No. 155, 2015 IL 118332, that a school district’s construction and use of school property is subject to municipal zoning ordinances….

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Email Addresses Must Be Posted on Public Body’s Website

If you have a website, a new law requires posting certain trustee, council or board member email addresses By Joshua D. Herman joshua.herman@mhtlaw.com The Illinois Local Records Act was amended by the addition of 50 ILCS 205/20, which became effective January 1, 2015. The amendment requires units of local government and school districts that serve…

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Crucial Rule for Processing Traffic Tickets

Court dismisses ticket because it was not transmitted to circuit clerk within 48-hour deadline By Kateah M. McMasters Supreme Court Rule 552 requires municipal police officers and police departments to transmit traffic citations to the circuit clerk within 48 hours of issuance. In 1989, the Illinois Appellate Court held that this Rule is directory rather…

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Personal Information Obtained From Driver’s Record Must Be Removed From FOIA Responses

Public bodies take note, new case holds newspaper may have violated law by publishing personal information obtained from driving records By Joshua D. Herman joshua.herman@mhtlaw.com Newspapers often pursue legal and administrative remedies against public bodies, alleging failure to properly disclose information in response to a Freedom of Information Act (“FOIA”) request. The tables were turned…

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New Occupational Safety and Health Requirements in 2015

Law Repeals Current Requirements and Imposes New Ones By Joshua Herman joshua.herman@mhtlaw.com Effective January 1, 2015, the new Occupational Safety and Health Act (the “Act” or “OSHA”) becomes effective pursuant to Public Act 98-874, repealing the Safety Inspection and Education Act and the Health and Safety Act.  The new law establishes federal occupational safety and…

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Ban the Box

New Law Prohibits Asking About Job Applicant’s Criminal History By Kateah M. McMasters Beginning January 1, 2015, the Job Opportunities for Qualified Applicants Act (the “Act”), P.A. 98-774, prohibits employers from asking potential employees to “check a box” or to otherwise provide detailed information about his or her criminal history on a job application. The…

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New Law for Pregnant Employees and Working Mothers

Illinois Human Rights Act Amended to Increase Pregnancy-Related Protection By Kateah M. McMasters kateah.mcmasters@mhtlaw.com Effective January 1, 2015, a recent amendment to the Illinois Human Rights Act (the “Act”) adds pregnancy to the list of characteristics protected from discrimination.  “Pregnancy” includes pregnancy, childbirth, and conditions related to pregnancy or childbirth, expanding the Act to apply…

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Rule Barring Former Public Employee Lawsuits

Court Rules Former Public Employees Have Only Six Months To Bring Suit For Backpay By Joshua D. Herman joshua.herman@mhtlaw.com Plaintiffs are required to bring an action enforcing their legal rights within a limited time after they are injured.  A statute of limitations typically establishes the maximum time after an injury that a suit can be…

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