Local Government Law Bulletin
Public Duty Rule Immunity in Jeopardy
Currently, Illinois municipalities, townships, counties, special districts and their employees are immune from the failure to provide general police and fire protection, even in cases involving negligence. This is known as the Public Duty Rule. The Public Duty Rule...
City’s Ten Commandments Monument Ruled Unconstitutional
The recent decision of Felix v. City of Bloomfield from the 10th Circuit Federal Court ruled that a Ten Commandments monument placed on municipal property violated the Establishment Clause of the First Amendment. The decision carefully examined specific facts and...
Municipal Tap-on Fee Legislation
Over the course of the summer, a number of municipalities and the Illinois Municipal League spent a great deal of time and resources seeking an amendatory veto of Senate Bill 3507 which would have imposed significant restrictions on municipal authority to charge a...
IML Conference Presentation Materials
Thank you to all of our municipal contacts who attended last week's Illinois Municipal League Conference. ZRFM, along with some fantastic co-presenters, conducted several sessions: It’s Your Money, Get It: Utilizing the Local Debt Recovery Program: Jennifer Gibson,...
PAC Opinion: Speakers Not Required to Provide Address
The Public Access Counselor (PAC) released an Opinion that speakers who wish to provide public comment at a meeting cannot be required to state their address for the record as a condition of the right to speak. The PAC’s analysis relied in large measure on the...
Update: Appellate Court Confirms School Districts Subject to Home-Rule Zoning
In an earlier issue, we wrote about the dispute between the City of Crystal Lake and Community High School District No. 155 as to whether the District’s construction of bleachers was subject to the City’s zoning process. The City prevailed on summary judgment before...
Remote Participation in Public Meetings
Elected officials may participate remotely at public meetings, but please keep the following requirements in mind or else actions taken at a meeting with an electronically participating member could be later challenged: The local government must have an adopted policy...
Failure to Activate Squad Car Audio is Not Sanctionable Under People v. Kladis
In the wake of the holding of the Illinois Supreme Court in People v. Kladis, DUI defense attorneys have become increasingly more aggressive in terms of attempting to extend the holding of Kladis to seek discovery sanctions for the failure of police departments to...
Unintended Consequences: Implications of How a New Law Changes Bond Requirement for Petty Traffic Tickets
Governor Quinn approved a bill that removes the requirement for drivers to post bond for most petty traffic violations. Beginning January 1, 2015, the ability to require bond on petty traffic offenses, pursuant to 725 ILCS 5/110-15, will be eliminated. Please note:...