Article Index : Ottosen Britz Kelly Cooper Gilbert & DiNolfo - Illinois Law Firm Representing Municipalities

OBKC&G - Ottosen, Britz, Kelly Cooper and Gilbert, LTD - Attorneys at Law Illinois

Offices

Naperville Office
1804 North Naper Blvd.
Suite 350
Naperville, Illinois 60563
Telephone: 630-682-0085
Fax: 630-682-0788
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Elburn Office
303 N. Main Street
Elburn, Illinois 60119
Telephone: 630-365-6441
Fax: 630-365-6451
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Mokena Office

9990 West 190th Street
Suite A
Mokena, Illinois 60448
Telephone: 708-478-4600
Fax: 708-478-6106
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Woodstock Office
666 Russel Court, Suite 212
Woodstock, Illinois 60098
Telephone: 815-338-8011
Fax: 815-338-8013
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Article Index : Ottosen Britz Kelly Cooper Gilbert & DiNolfo - Illinois Law Firm Representing Municipalities

Article Index

#-A-E F-J K-O P-T U-Z

Act of Duty

ADA Amendments Act expands disability coverage
Legal Insights for Fire Protection Districts (Winter 2009)

“Driving home” is not an “act of duty” for disabled police officer
Legal Insights for Pension Boards (Spring 2013)

Administrative Review Law

Non-compliance with Administrative Review Law leads to dismissal of pension appeal
Legal Insights for Pension Boards (Spring 2010)

Deference on review of pension board decisions
Legal Insights for Pension Boards (Winter 2011)

Prompt reviews of administrative decisions are necessary or the right to review is lost
Legal Insights for Pension Boards (Spring 2012)

Administrative Search Warrants

Administrative Search Warrants
Legal Insights for Local Governments (Summer 2011)

Administrator Contracts

Valid multi-year administrator contracts identify performance goals at their inception
Legal Insights for School Districts (Winter 2012)

Americans with Disabilities Act (ADA)

ADA Amendments Act expands disability coverage
Legal Insights for Local Governments (Winter 2009)

ADA Amendments Act expands disability coverage
Legal Insights for School Districts (Winter 2009)

ADA Amendments Act expands disability coverage
Legal Insights for Fire Protection Districts (Winter 2009)

Annexations

The sea change in involuntary annexation created by T-Mobile v. Village of Hawthorn Woods
Legal Insights for Local Governments (Summer 2012)

Anti-Bullying

State and federal anti-bullying measures
Legal Insights for School Districts (Winter 2011)

Arbitration

Arbitrator should not read just cause standard into CBA
Legal Insights for School Districts (Fall 2012)

Illinois Supreme Court reinstates arbitrator’s labor decision
Legal Insights for School Districts (Spring 2013)

Athletic Programs Under Title IX

Seventh Circuit puts the full-court press on school districts and reiterates Title IX obligations
Legal Insights for School Districts (Spring 2012)

Bankruptcy

Bankruptcy and the fire department creditor
Legal Insights for Fire Protection Districts (Spring 2011)

Calculation of Pension Benefits

Teacher pension dispute proves instructive to police and fire pension board policy disputes
Legal Insights for Pension Boards (Winter 2010)

What is “salary” for the purpose of determining pensions?
Legal Insights for Pension Boards (Spring 2011)

Care of Students with Diabetes Act

Care of Students with Diabetes Act becomes law
Legal Insights for School Districts (Winter 2011)

Child Support

Illinois General Assembly alters law on child support obligation liens and pension benefits
Legal Insights for Pension Boards (Winter 2012)

Collective Bargaining Process

New minimum manning rulings impact collective bargaining process
Legal Insights for Fire Protection Districts (Winter 2011)

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Stimulus package changes to COBRA premiums
Legal Insights for School Districts (Spring 2009)

Constitutionality

The constitutionality of Illinois public pension reform
Legal Insights for Pension Boards (Fall 2011)

Creditable Service

Veterans in the fire service now entitled to an opportunity to receive additional creditable service time for military service
Legal Insights for Pension Boards (Fall 2009)

Criminal Background Checks

New EEOC guidance clarifies school districts' use of criminal records information
Legal Insights for School Districts (Fall 2012)

Definition of “firefighter”

When is a firefighter not a firefighter for pension purposes?
Legal Insights for Pension Boards (Fall 2009)

Demolition of Private Property

Illinois Appellate courts rule on demolition issues
Legal Insights for Local Governments (Spring 2011)

Disability

Pension board relies upon functional capacity evaluation to deny disability benefits
Legal Insights for Pension Boards (Fall 2012)

Disability Pension Applications

Causation continues to complicate duty-related disability pension applications
Legal Insights for Pension Boards (Spring 2010)

Disability Pension Benefits

Court clarifies light duty interplay with receipt of pension benefits
Legal Insights for Pension Boards (Spring 2009)

Appellate court provides guidance on interpreting the occupational disease statute
Legal Insights for Pension Boards (Spring 2011)

“Act of duty” - Determining eligibility for Article 3 line-of-duty disability pensions
Legal Insights for Pension Boards (Winter 2012)

Court declines to defer to pension board’s credibility findings
Legal Insights for Pension Boards (Spring 2013)

Discrimination

Lessons from two reverse discrimination decisions
Legal Insights for Fire Protection Districts (Spring 2010)

Drug Testing

Proving a violation of an employer’s drug testing policy
Legal Insights for Local Governments (Spring 2013)

Due Process

Seventh Circuit rules the Administrative Review Act provides sufficient due process for village employee
Legal Insights for Local Governments (Spring 2009)

What is due process?
Legal Insights for Local Governments (Fall 2009)

Due process
Legal Insights for Local Governments (Spring 2010)

Eavesdropping and Public Employees

Hurst case: Public employer is not an eavesdropper
Legal Insights for Fire Protection Districts (Fall 2011)

Educational Reform Legislation

Illinois passes landmark educational reform legislation
Legal Insights for School Districts (Fall 2011)

Employee Rights

Rethinking regulations on firefighter ink
Legal Insights for Fire Protection Districts (Winter 2013)

Employee Termination

Appellate Court utilizes public policy exception to vacate arbitrator's decision
Legal Insights for Local Governments (Summer 2012)

Friendly Fire: Court allows municipality to remove "friend" of ousted village manager
Legal Insights for Local Governments (Summer 2012)

Employment of Illinois Workers on Public Works Act

Employment of Illinois workers on public works affects fire protection districts
Legal Insights for Fire Protection Districts (Fall 2010)

F-J #-A-E F-J K-O P-T U-Z

Family Education Rights and Privacy Act (FERPA)

FERPA: Recent decisions
Legal Insights for School Districts (Spring 2010)

Family Medical Leave Act (FMLA)

The U.S. Department of Labor issues final FMLA rules
Legal Insights for Local Governments (Winter 2009)

The U.S. Department of Labor issues final FMLA rules
Legal Insights for School Districts (Winter 2009)

The U.S. Department of Labor issues final FMLA rules
Legal Insights for Fire Protection Districts (Winter 2009)

Ill-advised comments open door for potential FMLA retaliation claims
Legal Insights for School Districts (Spring 2009)

Fire Station Liability

Children at the firehouse: Legal concerns
Legal Insights for Fire Protection Districts (Winter 2009)

Firefighter Health and Fitness

Firefighter seizure history and NFPA 1582
Legal Insights for Fire Protection Districts (Fall 2011)

Fireman’s Rule

“Fireman’s Rule” not always a bar to recovery
Legal Insights for Fire Protection Districts (Fall 2010)

Duty to maintain premises under Fire Investigation Act trumps "Fireman's Rule" doctrine
Legal Insights for Fire Protection Districts (Fall 2012)

First Amendment

Are public display racks forums for free speech?
Legal Insights for Local Governments (Fall 2010)

Restricting the use of school buildings under the First Amendment
Legal Insights for School Districts (Fall 2010)

Foreign Fire Insurance Boards (FFIBs)

Foreign fire insurance boards - Public Act 96-0505
Legal Insights for Fire Protection Districts (Fall 2009)

Freedom of Information Act (FOIA)

Illinois Supreme Court narrows FOIA exceptions
Legal Insights for Local Governments (Fall 2009)

Freedom of Information Act Reform
Legal Insights for School Districts (Fall 2009)

Illinois Supreme Court narrows FOIA exceptions
Legal Insights for School Districts (Fall 2009)

Court imposes penalty for school district’s FOIA violation
Legal Insights for School Districts (Winter 2013)

Genetic Information Nondiscrimination Act (GINA)

Employers must affirmatively protect employee genetic information
Legal Insights for Fire Protection Districts (Spring 2011)

Employers must affirmatively protect employee genetic information
Legal Insights for School Districts (Spring 2011)

Health Insurance

Are you a "Large Employer" under the PPACA?
Legal Insights for Fire Protection Districts (Winter 2013)

Are you a large employer under PPACA, and what are your obligations to “part-time,” “seasonal” and “full-time” employees?
Legal Insights for School Districts (Spring 2013)

Identity Protection Act (IPA)

Introducing the Illinois Identity Protection Act
Legal Insights for Fire Protection Districts (Spring 2010)

Introducing the Illinois Identity Protection Act
Legal Insights for School Districts (Fall 2010)

Introducing the Illinois Identity Protection Act
Legal Insights for Local Governments (Fall 2010)

Reminder: IPA Policy Adoption Deadline Looms
Legal Insights for Fire Protection Districts (Spring 2011)

The Illinois Identity Protection Act Policies effective July 1, 2010
Legal Insights for Local Governments (Spring 2011)

Illinois Employee Credit Privacy Act

The Illinois Employee Credit Privacy Act
Legal Insights for Local Governments (Summer 2011)

Illinois School Students Records Act (ISSRA)

Recent updates to the Illinois School Student Records Act regulations
Legal Insights for School Districts (Spring 2012)

Illinois Silent Reflection and Student Prayer Act

When student silence is golden and permitted by the Constitution
Legal Insights for School Districts (Winter 2011)

K-O #-A-E F-J K-O P-T U-Z

Laches

Court reverses IMRF’s dismissal of a claim on the basis of laches
Legal Insights for Pension Boards (Winter 2012)

Legal Publications

The new rule for the publication and posting of public employee salaries
Legal Insights for Fire Protection Districts (Summer 2012)

Litigation

Spoliation: Things to remember before destroying the evidence
Legal Insights of Litigation (Spring 2013)

Local Debt Recovery

State of Illinois establishes a Local Debt Recovery Program
Legal Insights for Local Governments (Spring 2012)

Local Government Purchasing

Entering into contracts on behalf of local governments
Legal Insights for Local Governments (Fall 2012)

Maintenance of Public Roads

A vexing boundary issue: bridge maintenance
Legal Insights for Local Governments (Spring 2009)

Medical Records

Legislature streamlines ability to obtain medical records of deceased patients
Legal Insights for Fire Protection Districts (Winter 2012)

Minimum Manning Rulings

New minimum manning rulings impact collective bargaining process
Legal Insights for Fire Protection Districts (Winter 2011)

Mobile Home Park Act

Mobile home park water and hydrant adequacy
Legal Insights for Fire Protection Districts (Summer 2009)

Municipal Bankruptcy

When the money runs out: Is municipal bankruptcy an option?
Legal Insights for Local Governments (Fall 2009)

Municipal Compliance Report (Tax Levy Report)

Pension Reform Law expands required annual tax levy report
Legal Insights for Local Governments (Spring 2009)

Pension Reform Law expands required annual tax levy report
Legal Insights for Pension Boards (Spring 2009)

Municipal Public Question Resolutions

Municipalities begin adopting public questions resolutions
Legal Insights for Pension Boards (Winter 2010)

New Firefighter Hiring Bill

Unpacking the trailer bill: How Public Act 97-0898 impacts the hiring of full-time commission firefighters
Legal Insights for Fire Protection Districts (Fall 2012)

Open Meetings Act (OMA)

Court clarifies the prerequisites for closing public meetings
Legal Insights for Local Governments (Winter 2009)

Pending changes to the Open Meetings Act
Legal Insights for Local Governments (Fall 2010)

Rules for Public Participation at Meetings
Legal Insights for Local Governments (Spring 2012)

More changes coming to the Open Meetings Act
Legal Insights for Pension Boards (Fall 2012)

P-T #-A-E F-J K-O P-T U-Z

Patient Protection and Affordable Care Act of 2010 (PPACA)

Nursing mothers in the workplace: The legalities
Legal Insights for Fire Protection Districts (Spring 2010)

Pension Benefit Errors

Court limits police pension board’s ability to recalculate pension payments
Legal Insights for Pension Boards (Fall 2009)

Court rules treasurer must make payments ordered by pension board
Legal Insights for Pension Boards (Fall 2009)

Appellate court weighs in on the effective date of pension benefit awards
Legal Insights for Pension Boards (Fall 2010)

Pension Benefit Forfeiture

IMRF limited in its ability to force benefit forfeiture despite apparent guise to circumvent return-to-work provision
Legal Insights for Pension Boards (Winter 2013)

Attorney General invokes authority to force felony forfeiture of pension benefits
Legal Insights for Pension Boards (Spring 2013)

Pension Board Impartiality

Pension board members must maintain their impartiality
Legal Insights for Pension Boards (Spring 2010)

Pension Fund Investments

Inability to invest in bonds of underlying municipality
Legal Insights for Pension Boards (Fall 2012)

Pension Fund TrusteeTraining Requirements

New training requirements for pension fund trustees
Legal Insights for Fire Protection Districts (Fall 2009)

Performance Evaluation Reform Act of 2010

General Assembly passes Performance Evaluation Reform Act of 2010
Legal Insights for School Districts (Spring 2010)

Prejudgment Interest

Illinois Supreme Court rules that pension funds are not liable for prejudgment interest
Legal Insights for Pension Boards (Winter 2010)

Premises Liability

The slippery nature of the natural accumulation doctrine
Legal Insights of Litigation (Spring 2013)

Not all defendants with defective sidewalks are treated alike
Legal Insights of Litigation (Spring 2013)

Probationary Period

Extending probationary period beyond twelve months ruled unlawful
Legal Insights for Fire Protection Districts (Fall 2010)

Public Contracts

Entering into contracts on behalf of school districts
Legal Insights for School Districts (Winter 2013)

Public Employee Disability Act (PEDA)

Change in PEDA and PSEBA benefits after Nowak decision
Legal Insights for Fire Protection Districts (Winter 2011)

Change in PEDA and PSEBA benefits after Nowak decision
Legal Insights for Pension Boards (Winter 2011)

Public Officers Prohibited Activities Act

Legislation loosens prohibited interest in not-for-profit organizations’ contracts
Legal Insights for Local Governments (Winter 2010)

Public Safety Employee Benefits Act (PSEBA)

Clear as mud: May firefighters obtain PSEBA benefits for training injuries?
Legal Insights for Fire Protection Districts (Winter 2010)

PSEBA and the Orland Fire opinions: an update
Legal Insights for Fire Protection Districts (Fall 2010)

First District issues more guidance in its third PSEBA opinion
Legal Insights for Pension Boards (Winter 2011)

Change in PEDA and PSEBA benefits after Nowak decision
Legal Insights for Pension Boards (Winter 2011)

Pyle case establishes an end date for PSEBA health insurance benefits
Legal Insights for Fire Protection Districts (Winter 2013)

Reciprocal Reporting Agreement

Recent amendments to reciprocal reporting agreement requirements
Legal Insights for School Districts (Winter 2013)

Red Flag Rules

Federal Trade Commission “Red Flag Rules” to be implemented August 1, 2009
Legal Insights for Fire Protection Districts (Summer 2009)

Request for Proposal Process

Fire district procurement issues: Steps for a successful RFP process
Legal Insights for Fire Protection Districts (Winter 2011)

Retirement Pension

What constitutes eligibility to retire on pension?
Legal Insights for Pension Boards (Spring 2012)

School District Concussion and Head Injury Legislation

School districts must provide concussion and head injury education
Legal Insights for School Districts (Fall 2011)

School District Liability

School district is not liable for former teacher’s post-employment sexual abuse
Legal Insights for School Districts (Spring 2010)

Sexual Harassment

Illinois Supreme Court comes down hard on employer’s sexual harassment liability
Legal Insights for Local Governments (Winter 2010)

Social Security

Student free speech after Zamecnik and Nuxoll v. Indian Prairie School District #204
Legal Insights for School Districts (Spring 2011)

Changes clarify responsibilities for IMRF Social Security and Medicare contributions
Legal Insights for Pension Boards (Winter 2013)

Special Education

Recent legislation grants broad school access rights to parents and experts
Legal Insights for School Districts (Winter 2010)

Court prohibits audio-taping special education classrooms
Legal Insights for School Districts (Winter 2010)

Student Discipline

School discipline of students for out-of-school misconduct involving electronic technology
Legal Insights for School Districts (Fall 2010)

Student Free Speech

Student free speech after Zamecnik and Nuxoll v. Indian Prairie School District #204
Legal Insights for School Districts (Spring 2011)

Student Records

Protecting the confidentiality of bus videos
Legal Insights for School Districts (Fall 2012)

Student Searches

U.S. Supreme Court rules on student searches and the Fourth Amendment
Legal Insights for School Districts (Fall 2009)

Surviving Spouses

Illinois Supreme Court determines Illinois Pension Code does not provide for annual increases to surviving spouses
Legal Insights for Pension Boards (Spring 2009)

Pension boards must be forthcoming in notices to beneficiaries
Legal Insights for Pension Boards (Fall 2010)

Tax Levy

Illinois Supreme Court invalidates special purpose levies under PTELL
Legal Insights for School Districts (Winter 2010)

Levies, budget, and legal authority
Legal Insights for Local Governments (Summer 2011)

Technology

Cameras on the Fireground
Legal Insights for Fire Protection Districts (Spring 2011)

Termination and Pension Benefits

Pension board not responsible for police officer’s termination
Legal Insights for Pension Boards (Winter 2013)

Termination of Pension Benefits

Court rules pension board should have held pre-deprivation hearing
Legal Insights for Pension Boards (Winter 2010)

What felony convictions require forfeiture of pension benefits?
Legal Insights for Pension Boards (Fall 2010)

Thwarting

Thwarting: When local governments cease to co-exist in harmony
Legal Insights for Local Governments (Winter 2010)

Tort Immunity

Revisiting the Public Duty Rule
Legal Insights for Fire Protection Districts (Winter 2010)

Local government immunity and recreational property
Legal Insights for Local Governments (Spring 2011)

Emergency vehicle operations and immunity
Legal Insights for Fire Protection Districts (Summer 2012)

Harris v. Thompson: Why tort immunities overcome vehicle code requirements
Legal Insights for Fire Protection Districts (Fall 2012)

Tort immunity and municipal traffic signals
Legal Insights for Local Governments (Fall 2012)

Court sheds light on municipality's duty to maintain streetlights
Legal Insights for Local Governments (Fall 2012)

Piled snow and ice considered “conditions of the property” under Section 3-106 of the Tort Immunity Act
Legal Insights for Local Governments (Spring 2013)

Negligently piled snow and ice not cause for public liability
Legal Insights for School Districts (Spring 2013)

U-Z #-A-E F-J K-O P-T U-Z

Union Representation

Teacher has no legal right to union representation during remediation meetings
Legal Insights for School Districts (Spring 2011)

Unsatisfactory Teacher Remediation Procedures

Unsatisfactory teacher dismissal overturned due to procedural violations
Legal Insights for School Districts (Spring 2012)

Use of Force

The Seventh Circuit provides guidance on false arrest and the use of the Taser
Legal Insights for Local Governments (Spring 2013)

Zoning Process

Due process
Legal Insights for Local Governments (Spring 2010)