Publications
Article Index

403(b) tax sheltered annuities
New 403(b) regulations create greater responsibility for school districts
   Legal Insights for School Districts (Winter 2008)

Act of Duty
“Act of duty” for firefighters defined by Second District Court
   Legal Insights for Pension Boards (Summer 2006)
Court examines definition of “act of duty” for police line-of-duty disability pensions
   Legal Insights for Pension Boards (Winter 2008)
Appellate court revisits, yet again, the definition of an “act of duty” in police pension case
   Legal Insights for Pension Boards (Summer 2008)

Administrative Adjudicatory Systems
Administrative adjudicatory systems and accelerated fine structures for ordinance violations
   Legal Insights for Local Governments (Spring 2006)

Administrative Review Act
Illinois Supreme Court issues guidance on the technicalities of the Administrative Review Act
   Legal Insights for Fire Protection Districts (Fall 2006)
Court issues guidance on the Administrative Review Act
   Legal Insights for Pension Boards (Fall 2006)

Arrest of Employee
What is the proper response when an employee tells you he or she has been arrested?
   Legal Insights for Fire Protection Districts (Spring 2006)

Automated External Defibrillator (AED)
AEDs in Illinois schools
   Legal Insights for School Districts (Fall 2005)

Avian Influenza
Preparing your school district for possible avian influenza crisis
   Legal Insights for School Districts (Spring 2006)

Background Checks
Use of social security numbers to conduct background checks of local government applicants for employment
   Legal Insights for Local Governments (Winter 2005)

Bonds
Performance bonds and labor and material payment bonds
   Legal Insights for Local Governments (Spring 2006)

Charges for Private Water Service
Changes pending: public fire protection charges for private water service
   Legal Insights for Fire Protection Districts (Spring 2008)

Collective Bargaining
Illinois Supreme Court grants Village a break on late response to labor complaint
   Legal Insights for Local Governments (Winter 2005)
Court finds mandatory bargaining required on promotion law provision since 2003
   Legal Insights for Fire Protection Districts (Summer 2007)

Condemnation
School property acquired by condemnation
   Legal Insights for School Districts (Winter 2004)

Construction
Ally or partner in crime? The Public Works Contract Change Order Act
   Legal Insights for Local Governments (Fall 2004)
Ally or partner in crime? The Public Works Contract Change Order Act
   Legal Insights for School Districts (Fall 2004)
Ally or partner in crime? The Public Works Contract Change Order Act
   Legal Insights for Fire Protection Districts (Fall 2004)

Disability Pension Benefits
A fireman’s curable claustrophobia does not qualify him for a mental disability pension
   Legal Insights for Pension Boards (Winter 2004)
Recovery from disability is all that is necessary to discontinue pension payments
   Legal Insights for Pension Boards (Summer 2004)
Is it time to change pension award and discharge procedures for duty or non-duty causes?
   Legal Insights for Fire Protection Districts (Winter 2005)
Another court weighs in on physician certificate requirements in police disability matters
   Legal Insights for Pension Boards (Spring 2005)
Recent Illinois Supreme Court ruling questions certification requirement in police disability pension cases
   Legal Insights for Pension Boards (Summer 2005)
Demski case clarifies effect of one decision on another on disability issues
   Legal Insights for Pension Boards (Fall 2005)
Does the Dowrick case make privity concerns for pension boards a thing of the past?
   Legal Insights for Pension Boards (Spring 2006)
Majority of a quorum is enough to grant a firefighter disability pension
   Legal Insights for Local Governments (Spring 2006)
Majority of a quorum is enough to grant a firefighter disability pension
   Legal Insights for Fire Protection Districts (Spring 2006)
Stickney II: officer wins twice
   Legal Insights for Pension Boards (Summer 2006)
Fourth District adds to disability certification debate
   Legal Insights for Pension Boards (Fall 2006)
Illinois Supreme Court reverses appellate court’s decision to declare Section 3-115 unconstitutional
   Legal Insights for Pension Boards (Winter 2007)
Ability of police and firefighter pension funds to recover overpayment of benefits
   Legal Insights for Pension Boards (Fall 2007)
Second District Appellate Court broadens definition of “line of duty” for police disability pensions
   Legal Insights for Pension Boards (Fall 2007)
Appellate court affirms board’s authority to decide disability pension benefits
   Legal Insights for Pension Boards (Winter 2008)

Discrimination
New law on sexual orientation discrimination passed
   Legal Insights for Fire Protection Districts (Winter 2005)
New law on sexual orientation discrimination passed
   Legal Insights for Local Governments (Spring 2005)
Illinois General Assembly amends processing of discrimination charges
   Legal Insights for School Districts (Winter 2007)
Supreme Court’s latest step to end race discrimination in schools
   Legal Insights for School Districts (Fall 2007)

Drug Testing
Random drug-testing for firefighters hits a significant wall
   Legal Insights for Fire Protection Districts (Fall 2004)
Random drug-testing for firefighters hits a significant wall
   Legal Insights for Local Governments (Winter 2005)

Eligibility Lists
The option to merge eligibility lists
   Legal Insights for Fire Protection Districts (Summer 2008)

Eminent Domain
Kelo ruling leaves eminent domain “public purpose” determination to state and local governments
   Legal Insights for Local Governments (Fall 2005)

Employee E-mail
Employee e-mail: private matters or public records?
   Legal Insights for Fire Protection Districts (Fall 2006)
Employee e-mail: private matters or public records?
   Legal Insights for Local Governments (Winter 2006)

Employees
Seventh Circuit finds pre-termination hearing procedures inadequate
   Legal Insights for School Districts (Spring 2005)
Seventh Circuit finds pre-termination hearing procedures inadequate
   Legal Insights for Local Governments (Spring 2005)
Second District case calls White decision into doubt
   Legal Insights for Pension Boards (Spring 2005)
How to respond to an employment reference solicitation
   Legal Insights for Local Governments (Spring 2005)
School employee dismissals: A Primer
   Legal Insights for School Districts (Winter 2008)

Ethics
Ethics Reform enacted by General Assembly
   Legal Insights for Fire Protection Districts (Spring 2004)
Ethics Reform enacted by General Assembly
   Legal Insights for Local Governments (Spring 2004)
Ethics Reform enacted by General Assembly
   Legal Insights for School Districts (Summer 2004)

Family Medical Leave Act (FMLA)
Seventh Circuit rules on FMLA leave for substance abuse treatment
   Legal Insights for School Districts (Spring 2008)

Federal Pension Protection Act of 2006
The Federal Pension Protection Act of 2006: Applicability to police and firefighter pension funds
   Legal Insights for Pension Boards (Winter 2007)

Fire Prevention Ordinances
The authority of fire protection districts to enforce fire prevention ordinances after Wauconda Fire Protection District v. Stonewall Orchards
   Legal Insights for Fire Protection Districts (Winter 2004)
Fire protection district prevails in Illinois Supreme Court decision
   Legal Insights for Fire Protection Districts (Summer 2005)

Fireman’s Rule
The “Fireman’s Rule” – Its history and its future
   Legal Insights for Fire Protection Districts (Spring 2004)

First Amendment
The Pledge and the dilemma faced by public schools
   Legal Insights for School Districts (Winter 2004)
The First Amendment and elementary schools: Do kindergartner students have free speech rights?
   Legal Insights for School Districts (Fall 2004)
Outside literature poses First Amendment quandary for schools
   Legal Insights for School Districts (Fall 2004)
Establishment Clause continues to cause confusion for municipalities
   Legal Insights for Local Governments (Summer 2005)
High school basketball players allege First Amendment violation
   Legal Insights for School Districts (Winter 2007)
Three standards of analysis in student speech matters
   Legal Insights for School Districts (Winter 2007)
Seventh Circuit limits First Amendment protection for teachers’ in-class speech
   Legal Insights for School Districts (Spring 2007)
Schools can suppress student speech that encourages illegal drug use
   Legal Insights for School Districts (Fall 2007)
Police officer’s comments not protected by the First Amendment
   Legal Insights for Local Governments (Winter 2007/2008)

FLSA
The state of overtime wage regulations in Illinois
   Legal Insights for Fire Protection Districts (Summer 2004)
Section 207(k) status of paramedics under FLSA remains unclear despite new test
   Legal Insights for Fire Protection Districts (Winter 2007)

Forfeiture of Pension Benefits
A felony conviction can result in the forfeiture of pension benefits
   Legal Insights for Pension Boards (Summer 2004)
Two new cases look at felony forfeiture provisions in the Illinois Pension Code
   Legal Insights for Pension Boards (Spring 2006)

Freedom of Information Act (FOIA)
Freedom of Information Act exemption for personnel files defined
   Legal Insights for School Districts (Fall 2005)
Freedom of Information Act exemption for personnel files defined
   Legal Insights for School Districts (Fall 2005)
Are local governmental entities required to disclose employee e-mails under the Freedom of Information Act?
   Legal Insights for Local Governments (Spring 2008)

Governmental Accounting Standards Board (GASB)
GASB 45: Financial reporting of post-employment benefits
   Legal Insights for Pension Boards (Winter 2007)
GASB 45: Financial reporting of post-employment benefits
   Legal Insights for Local Governments (Spring 2007)

Hearings
Coyne case tackles several critical issues involving pension disability matters
   Legal Insights for Pension Boards (Summer 2004)
Practicing law without a license: New territory in the ever changing special use application process
   Legal Insights for Local Governments (Fall 2004)
Court finds commission is without jurisdiction to hear a disciplinary charge
   Legal Insights for Fire Protection Districts (Winter 2007)

Insurance
Insurance may cover legal fees for pension matters on administrative review
   Legal Insights for Pension Boards (Winter 2004)
Seventh Circuit denies insurance coverage for defending underfunding lawsuit
   Legal Insights for Pension Boards (Summer 2008)

Intervention
Court tackles intervention question in pension matters
   Legal Insights for Pension Boards (Fall 2004)

Mandatory Retirement
Court revisits the mandatory retirement age in Illinois police and fire departments
   Legal Insights for Fire Protection Districts (Fall 2004)
Mandatory retirement age adversely affects Chicago police officer's retirement pension
   Legal Insights for Pension Boards (Summer 2008)

Medical Records
Handling requests for medical records
   Legal Insights for Fire Protection Districts (Spring 2004)

Mental Disability Pension
Court concludes that basis for firefighter’s mental disability pension cannot be used to discharge firefighter for cause
   Legal Insights for Pension Boards (Summer 2006)
Court concludes that basis for firefighter’s mental disability pension cannot be used to discharge firefighter for cause
   Legal Insights for Fire Protection Districts (Summer 2006)
Court provides guidance on adjudicating mental disability pension claims involving firefighters
   Legal Insights for Pension Boards (Winter 2007)
Court provides guidance on adjudicating mental disability pension claims involving firefighters
   Legal Insights for Fire Protection Districts (Winter 2007)
Fire and police commissions must give closer scrutiny to employee misconduct related to psychiatric conditions
   Legal Insights for Fire Protection Districts (Summer 2007)
Fire and police commissions must give closer scrutiny to employee misconduct related to psychiatric conditions
   Legal Insights for Pension Boards (Fall 2007)

New Legislation
New state legislation affecting fire protection districts
   Legal Insights for Fire Protection Districts (Winter 2004)
Firefighter Widow/Survivor Pension Bill: Impact of Senate Amendment to HB 599 now pending before the Illinois House of Representatives
   Legal Insights for Pension Boards (Winter 2004)
Questions that have arisen for firefighter pension funds under H.B. 599
   Legal Insights for Pension Boards (Fall 2004)
New laws affecting municipalities
   Legal Insights for Local Governments (Fall 2005)
A summary of recent legislation of interest to the fire service
   Legal Insights for Fire Protection Districts (Fall 2005)
Survey of significant new laws affecting local governments
   Legal Insights for Local Governments (Summer 2006)
New State legislation affecting schools
   Legal Insights for School Districts (Summer 2006)
Recent legislation affecting fire protection districts
   Legal Insights for Fire Protection Districts (Winter 2008)
New laws of interest to local governments in Illinois
   Legal Insights for Local Governments (Winter 2007/2008)
New legislation deters outsourcing by school districts
   Legal Insights for School Districts (Spring 2008)

No Child Left Behind Act
Meeting the policy requirements of “persistently dangerous schools” under NCLBA
   Legal Insights for School Districts (Summer 2004)

Open Meetings Act
Illinois General Assembly revises the Open Meetings Act again
   Legal Insights for Local Governments (Winter 2005)
Recent Open Meetings Act case reflects heightened scrutiny over closed sessions
   Legal Insights for Fire Protection Districts (Summer 2005)
Illinois General Assembly revises the Open Meetings Act again
   Legal Insights for Pension Boards (Summer 2005)
Illinois General Assembly revises the Open Meetings Act again
   Legal Insights for Fire Protection Districts (Summer 2005)
Recent Open Meetings Act case reflects heightened scrutiny over closed sessions
   Legal Insights for School Districts (Fall 2005)
Court allows discovery of closed session audiotape in federal lawsuit
   Legal Insights for Fire Protection Districts (Fall 2006)
Court allows discovery of closed session audiotape in federal lawsuit
   Legal Insights for Local Governments (Winter 2006)
Court allows discovery of closed session audiotape in federal lawsuit
   Legal Insights for School Districts (Winter 2007)
Recent decision muddies the water concerning the protection of closed session tapes
   Legal Insights for School Districts (Spring 2008)

Ordinances
Illinois Appellate Court decides Glenview’s attorney fee ordinance is invalid
   Legal Insights for Local Governments (Summer 2005)

Pension Boards
Conducting pension board elections
   Legal Insights for Pension Boards (Summer 2005)
Recent court decisions address reoccurring issues affecting Illinois pension boards
   Legal Insights for Pension Boards (Fall 2005)
Court clarifies right to conduct closed session deliberations for firefighter pension funds
   Legal Insights for Pension Boards (Fall 2006)

Pension Code
New law clarifies changes to firefighters’ pension provisions
   Legal Insights for Pension Boards (Spring 2005)
New amendments to Pension Code provide increased protections for firefighters
   Legal Insights for Pension Boards (Winter 2008)
New amendments to Fire Pension Code have impact on municipalities
   Legal Insights for Local Governments (Spring 2008)

Pension Fund Investments
Sudan Divestment Act creates controversy and litigation
   Legal Insights for Pension Boards (Summer 2006)
Recent attempts to limit pension fund investments and new bank certification requirements
   Legal Insights for Pension Boards (Winter 2008)

Polygraph Examination
Should a corrections officer be forced to submit to a polygraph examination?
   Legal Insights for Local Governments (Winter 2007/2008)

Pregnancy Policies
A new Illinois law affecting firefighter and police officer pregnancy policies
   Legal Insights for Local Governments (Fall 2007)
P.A. 95-25 and the pregnant firefighter
   Legal Insights for Fire Protection Districts (Spring 2008)

Prevailing Wage Act
Primer on the Prevailing Wage Act
   Legal Insights for Local Governments (Spring 2007)

Principal reclassification
Recent amendments to principal reclassification provision raise questions
   Legal Insights for School Districts (Winter 2007)

Privacy
Caballes decision limits privacy expectations of motorists
   Legal Insights for Local Governments (Spring 2005)

Probationary Period
Kodish II: Extension of the probationary period deemed lawful
   Legal Insights for Fire Protection Districts (Summer 2008)

Promotions
Governor signs new Fire Department Promotion Act
   Legal Insights for Fire Protection Districts (Winter 2004)
Commission sued for promotion decision
   Legal Insights for Fire Protection Districts (Summer 2006)

Public Office
Compatibility of holding multiple public offices
   Legal Insights for Fire Protection Districts (Spring 2006)
Compatibility of holding multiple public offices
   Legal Insights for Fire Protection Districts (Spring 2006)
Advisory for prospective candidates for elected offices
   Legal Insights for Local Governments (Fall 2007)

QILDRO
New QILDRO rules take effect July 1, 2006
   Legal Insights for Pension Boards (Fall 2005)

Religious Worship
Court decides library may prohibit religious worship services in its meeting rooms
   Legal Insights for Local Governments (Winter 2006)

Retirement Pension
End-of-career salary 'bumps' may not translate into larger pensions
   Legal Insights for Pension Boards (Fall 2006)

School Safety Inspections
New requirements for school safety inspections
   Legal Insights for School Districts (Summer 2006)

School Wellness Policies
The time has come for school wellness policies
   Legal Insights for School Districts (Winter 2006)

Security Exchange Commission
SEC Sends Message to Muni Issuers: Sweat the Details
   Legal Insights for Fire Protection Districts (Summer 2004)

Sexual Harassment
Illinois federal court addresses sexual harassment of female firefighter
   Legal Insights for Fire Protection Districts (Winter 2008)

Special Education
Federal regulations governing the academic assessment of children with the most significant cognitive disabilities soon to be amended
   Legal Insights for School Districts (Winter 2004)
IDEA ’04 Requires New Special Education Practices
   Legal Insights for School Districts (Spring 2005)
U. S. Supreme Court weighs in on the issue of burden of proof in special education cases
   Legal Insights for School Districts (Winter 2006)
Report cards and transcripts for students with disabilities: Complying with Section 504, Title II and IDEA
   Legal Insights for School Districts (Spring 2007)
Special education parents given green light to sue school without attorney representation
   Legal Insights for School Districts (Fall 2007)

Substance Abuse
The Substance Abuse Prevention on Public Works Act: A Summary
   Legal Insights for Fire Protection Districts (Summer 2008)

Survivors' Pension Benefits
Assessing annuities for widows of firefighters and police officers
   Legal Insights for Pension Boards (Fall 2004)
Division of Insurance clarifies stance on awards of non-duty firefighter survivor pensions
   Legal Insights for Pension Boards (Spring 2005)
First District decision holds implications for disabled police officers who remarry
   Legal Insights for Pension Boards (Summer 2005)

Suspension of Students
Seventh Circuit clarifies procedural due process requirements for standard suspensions
   Legal Insights for School Districts (Winter 2006)
Court considers student discipline for website content
   Legal Insights for School Districts (Spring 2006)

Tax Levy
Options for increasing the tax levy
   Legal Insights for Fire Protection Districts (Winter 2005)
Unsubstantiated opinions are insufficient to convince court that levy is proper
   Legal Insights for Local Governments (Spring 2008)

Tax Objections
Fending off the tax objector
   Legal Insights for Fire Protection Districts (Spring 2008)

Tax Rate
Successful educational fund tax rate increase not as successful as hoped
   Legal Insights for School Districts (Summer 2004)

Tort Immunity
When is a municipal organization not protected by the Tort Immunity Act?
   Legal Insights for Local Governments (Spring 2004)
Confidentiality Act & Tort Immunity Act apply when addressing bullying issues
   Legal Insights for School Districts (Summer 2004)
Recent local governmental immunity challenges in Illinois case law
   Legal Insights for Local Governments (Fall 2004)
Court debates proper application of EMS Systems Act’s tort immunities to paramedics
   Legal Insights for Fire Protection Districts (Fall 2004)
Illinois Supreme Court concludes that one-year statute of limitations under Tort Immunity Act controls over other statutes of limitations
   Legal Insights for Local Governments (Winter 2005)
Illinois Supreme Court concludes that one-year statute of limitations under Tort Immunity Act controls over other statutes of limitations
   Legal Insights for Fire Protection Districts (Summer 2005)
Illinois Supreme Court rethinks limited immunity
   Legal Insights for Local Governments (Summer 2006)
Illinois Supreme Court rethinks limited immunity
   Legal Insights for School Districts (Summer 2006)
Illinois Supreme Court rethinks limited immunity
   Legal Insights for Fire Protection Districts (Summer 2006)
Illinois Supreme Court revises its July 2006 opinion and expands the definition of willful and wanton tort immunity exclusion
   Legal Insights for School Districts (Spring 2007)
Illinois Supreme Court revises its July 2006 opinion and expands the definition of willful and wanton tort immunity exclusion
   Legal Insights for Local Governments (Spring 2007)
Illinois Supreme Court revises its July 2006 opinion and expands the definition of willful and wanton tort immunity exclusion
   Legal Insights for Fire Protection Districts (Summer 2007)
Recent court rulings support immunity for EMTs
   Legal Insights for Local Governments (Fall 2007)
Recent court rulings support immunity for EMTs
   Legal Insights for Fire Protection Districts (Winter 2008)

Victims of Violence
New law provides for employees who are victims of domestic or sexual violence
   Legal Insights for Fire Protection Districts (Summer 2004)

Worker’s Compensation
Are injuries sustained while performing personal activities at work compensable under worker’s compensation?
   Legal Insights for Local Governments (Spring 2004)
Changes in the Illinois Workers’ Compensation Laws
   Legal Insights for Fire Protection Districts (Fall 2005)