Local Government Law Bulletin
Federal Appellate Court Finds Government Officials Cannot Block Citizens on Social Media
January 31, 2019 On January 7, 2019, the Fourth Federal Circuit Court held that a government official’s social media page was the equivalent of a public meeting and thus an official cannot block a constituent from the page without violating that constituent’s free...
PAC Opinion Requires Disclosure of Police Body Camera Footage Even If It Has Not Been Flagged
January 31, 2019 In January, the Office of the Attorney General’s Public Access Counselor (PAC) published Public Access Opinion 19-001 which clarified that police body camera footage of an incident must be disclosed to the subject of that incident, the officer...
Law Increases Burden on Law Enforcement Seeking Civil Seizure and Forfeiture of Assets
Public Act 100-0512, the Seizure and Forfeiture Reporting Act (the “Act”) went into effect January 1, 2019. This Act significantly increases the burden on police departments making a civil seizure and forfeiture of assets pursuant to Article 36 of the Illinois...
Law Creates New Penalty for Failure To Pay Court-Ordered Obligations
January 3, 2019 On January 1, 2019, Public Act 100-1004 (the “Act”) went into effect, increasing penalties for drivers who fail to pay court-ordered fines, child support, or other fees. The Act provides that a person who drives or is in actual physical control of a...
Government Severance Pay Act Limits Severance Compensation to 20 Weeks, Prohibits Severance for Those Fired for Misconduct
Public Act 100-0895, which takes effect on January 1, 2019, limits the authority of non-home rule government employers to offer extensive contractual severance pay provisions to officers, agents, employees and contractors. The Act mandates that any severance provision...
Law Allows Law Enforcement To Petition for Emergency Firearms Restraining Orders
November 29, 2018 Public Act 100-0607, the Firearms Restraining Order Act (the “Act”), goes into effect January 1, 2019 and allows law enforcement, or a family member, to petition the court to issue an emergency firearms restraining order against an individual who...
Citations for Violations of the Illinois Vehicle Code No Longer Require Violator’s Signature
November 13, 2018 On January 1, 2019, Public Act 100-0674 which amends the Illinois Vehicle Code goes into effect. Pursuant to this amendment any person cited for violating the Code or a similar provision of a local ordinance for which the violation is a petty...
Public Body May Not Discuss Duties of Elected Official in Closed Session When It Cannot Remove that Official from Office
November 13, 2018 In October, the Office of the Attorney General’s Public Access Counselor (PAC) published Public Access Opinion 18-015 in which it stated its position that the 2(c)(1) exception of the Illinois Open Meetings Act (OMA) authorizing closed session to...
PAC Opinion Underscores Importance of Having a Factual, Articulable Basis for Denying a FOIA Request as Unduly Burdensome
November 1, 2018 In October, the Office of the Attorney General’s Public Access Counselor (PAC) published Public Access Opinion 18-013 which reiterated the elements of the test for undue burden laid out in section 3(g) of the Illinois Freedom of Information Act...