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Category: Local Government and Public Finance
Personal Electronic Devices and the Freedom of Information Act
Court holds that not all communication on personal electronic devices is subject to FOIA By Richard M. Joseph richard.joseph@mhtlaw.com In July, 2013, the Fourth District Appellate Court of Illinois, in the case of City of Champaign vs. Lisa Madigan (2013 WL 3704619), held that not all messages received by a public official on a personal…
Nominating Petition Deadline Moved to December 26, 2012
Governor Signs Legislation By Richard Joseph richard.joseph@mhtlaw.com As you may have been aware, the deadline for filing Nominating Petitions for the April 9, 2013 Consolidated Election was December 24, 2012. This was causing great consternation amongst local governmental entities since it would require the public body to stay open until 5:00 p.m. on Christmas Eve…
Duty to Post Compensation of Employees
Change to Open Meetings Act Requires Posting of Total Compensation Package By Richard M. Joseph richard.joseph@mhtlaw.com At this time of the year, most municipalities are in the process of establishing budgets and appropriations for the 2012/2013 fiscal year and establishing salaries for municipal employees. Due to a change in the Illinois Open Meetings Act (the…
Zoning Ordinances Cannot Impose a Substantial Burden on Religious Exercise
Churches Must Be on Equal Terms with Nonreligious Institutions By Katherine Swise katherine.swise@mhtlaw.com Regulating land use through zoning ordinances is one of the most fundamental functions of municipal government. However, recent federal court cases have highlighted the potential restrictions municipalities face when regulating land use as it applies to churches and other religious institutions. The…
What happens when a Board/Council member stops attending meetings or orally resigns?
By Joshua D. Herman joshua.herman@mhtlaw.com There will come a time for every body of local government that leads someone to ask: “What about Bob?” Maybe Bob is an elected alderman or trustee who has not come to a meeting in three months. Maybe he is the elected official who orally announced his resignation at that…
New Rules for Ordinance Violations
New Supreme Court Rules require review and updating of ordinances By Joshua D. Herman joshua.herman@mhtlaw.com On December 7, 2011, new Illinois Supreme Court Rules (“Rules”) governing ordinance violations went into effect. These new Rules address many issues a municipality faces when dealing with ordinance violations. The Rules clarify how a municipality may initiate ordinance prosecutions…
Pending Legislation could have devastating impact on Municipalities subject to Tax Caps
HB3793 would eliminate inflationary increases if EAV has declined By Richard M. Joseph richard.joseph@mhtlaw.com HB3793 affects taxing districts in counties subject to PTELL (tax caps). Under current law, increases in the extension of real estate taxes levied by a tax capped district are limited to the rate of inflation or 5%, whichever is less. (The…
Municipal Electric Aggregation
Law allows voters to grant Municipalities the right to choose who supplies residential electricity By Richard M. Joseph richard.joseph@mhtlaw.com How would you like to offer the benefit of lower utility rates for the citizens and small commercial establishments in your municipality? Many Illinois municipalities have recently responded yes to this question and are in the…
Mandatory Open Meetings Act Training for Members of Local Government
Recent amendment to Open Meetings Act requires all elected and appointed members of public bodies to receive training By Robert B. McCoy robert.mccoy@mhtlaw.com A recent amendment to the Open Meetings Act, which becomes effective January 1, 2012, requires all elected or appointed members of a public body to receive mandatory training regarding the various requirements…