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September 2017 ILLINOIS MUNICIPAL LEAGUE REVIEW IN THIS ISSUE: About the Illinois Courts U.S. Supreme Court 2018 Preview for Local Governments Illinois Municipal League Amicus Briefs in Illinois Courts ILLINOIS MUNICIPAL REVIEW | SEPTEMBER 2017 ILLINOIS MUNICIPAL LEAGUE REVIEW PAGE 7 3 FROM THE EDITor’s DESK About the Illinois Courts 5 DIRecTor’s COMMENTS 10 LEGAL BRIEF Illinois Municipal League Amicus Curiae Briefs in Illinois Courts 11 MUNIE CIPAL CAL NDAR 19 FUN IN ILLINOIS! September 2017 Festivals Feature Articles 20 REPORT TO THE MEMBERSHIP 2017 IML Nominations Committee 7 About the Illinois Courts Recommendation for Officers and Members of the Board of Directors 22 GOOD NEWS FROM ILLINOIS 12 Justices of the Illinois Supreme Court 22 ADVOCACY UPDATE Governor Approves Bills Affecting Municipalities 15 U.S. Supreme Court 2018 Preview for 24 RISK MANAGEMENT Local Governments Searching for the Path to Immunities for Local Governments 26 A WARDS & GRANTS 17 Balancing the Establishment Clause and the Free Exercise Clause 28 PROFESSIONAL SERVICES DIRecTORY 20 State’s Attorneys Appellate Prosecutor EDITOR IN CHIEF MANAGING EDITOR 26 National Civic League’s All-America Brad Cole Rebecca Turner City Award Program Volume 96, No 9, September 2017. Total number 1,103. (ssn 0019-2139) The opinions expressed in our published works are those of the author(s) and do not necessarily reflect the opinions of The Illinois Municipal Review (USPS 258-180) is published monthly in Springfield, IL, the Illinois Municipal League or its Board of Directors. by the Illinois Municipal League, Editorial and Executive Offices, 500 E. Capitol Ave., Springfield, IL 62701. Telephone (217) 525-1220 Subscription per year: Domestic $30.00. POSTMASTER: Send address changes to: Illinois Municipal Review PAGE 24 PO Box 5180, Springfield, IL 62705. Risk Management: Periodical postage paid at Springfield, IL 62705-5180 Searching for the Path and at additional mailing office. to Immunities for Local Cover: Sculpture on the west side of north entrance to the Supreme Court building in Springfield, IL, Governments by Charles J. Mulligan (1866-1916). Figures symbolize law and knowledge. Photo by R. Turner SEPTEMBER 2017 | ILLINOIS MUNICIPAL REVIEW 1 2017 IML Municipal Attorneys Seminar The Illinois Municipal League invites you to register for our one-day Municipal Attorneys Seminar on Thursday, September 21, 2017 at the Hilton Chicago. We have a wide range of timely topics presented by knowledgeable and engaging speakers. At only $165, it’s a convenient and affordable way to earn MCLEs. Sign up today at conferences.iml.org Topics will include: Your Zoning Code Versus Their Religion Tort Immunity Case Law Depositions Telecommunications Regulation Update EEOC & State Agency Update FMLA and ADA Compliance Overcoming Blind Spots, Biases and Stereotypes 2 ILLINOIS MUNICIPAL REVIEW | SEPTEMBER 2017 FROM THE OFFICERS OF THE EDITOR’S DESK ILLINOIS MUNICIPAL LEAGUE “You will read in the newspaper more often about federal courts, but the law that affects people, the trials that affect human beings are by PRESIDENT and large in the state courts.” Village President Karen Darch, Barrington Stephen Gerald Breyer (1938 - ) FIRST VICE PRESIDENT An American lawyer, professor, and jurist who serves as an Associate Mayor Mark W. Eckert, Belleville Justice of the Supreme Court of the United States SECOND VICE PRESIDENT Village President Eugene Williams, Lynwood EXECUTIVE DIRECTOR The Illinois Municipal Treasurer’s Association (IMTA) recently Brad Cole, Former Mayor, Carbondale installed Michael Peterson, Finance Director, Village of Lincolnshire to the post of President during the 2017-2018 year. Peterson has VICE PRESIDENTS served as a Finance Director/City Treasurer for the past 32 years Mayor Michael Chamberlain, Belvidere for the villages of East Alton (14 years), Grayslake (13.5 years) and Mayor Rahm Emanuel, Chicago Lincolnshire (4.5 years). He graduated in 1985 from Bradley University Mayor Kevin B. Hutchinson, Columbia Mayor Aaron Shepley, Crystal Lake with a BA in accounting. Mayor Teresa Kernc, Diamond Mayor Emeka Jackson-Hicks, East St. Louis The Illinois Municipal League congratulates Mayor Joe W. Bisch, Grayville the Hon. Russell W. Hartigan on his Village President Rodney S. Craig, Hanover Park Mayor Andy Ezard, Jacksonville selection as President of the Illinois State Mayor Michael J. Inman, Macomb Bar Association. Mayor Robert L. Butler, Marion Mayor Timothy D. Gover, Mattoon Hartigan was installed as the President of Mayor Leon Rockingham, Jr., North Chicago the Illinois State Bar Association (ISBA) Mayor Jim Ardis, Peoria Mayor Scott J. Harl, Peru at the Annual Meeting of the association Village President Rick Reinbold, Richton Park in June. He stepped down from the Circuit Court of Cook County Village President Catherine Adduci, River Forest to afford the ability to focus on the role of President of the ISBA. Mayor Chet Olson, Rochelle He has returned to his private practice roots, joining the firm Village President Dale B. Adams, Rockton Mayor Richard H. Hill, Round Lake Beach of Golstine, Skrodzki, Russian, Nemec and Hoff, Ltd., where he Mayor Jim Langfelder, Springfield will once again focus on municipal litigation. Having a municipal Mayor Ricky J. Gottman, Vandalia attorney at the helm of the state bar association will provide an Mayor Gary W. Manier, Washington opportunity to highlight the important role of municipal attorneys Mayor Tom Jordan, West Frankfort throughout the state. PAST PRESIDENTS Mayor Roger C. Claar, Bolingbrook IML RISK MANagemeNT ASSOCIATION BOARD OF DirecTORS Mayor Gerald E. Daugherty, Mascoutah Mayor Gerald R. Bennett, Palos Hills CHAIRMAN Mayor Al Larson, Schaumburg Village President Trevor Clatfelter, Sherman HAVE A QUESTION OR WANT TO CONTACT IML STAFF? VICE CHAIRMAN Phone: 217.525.1220 Mayor Hal Patton, Edwardsville Brad Cole, Executive Director – [email protected] Tera Antonacci, Membership & Accounting – [email protected] BOARD MEMBERS Allen Boesdorfer, Controller – [email protected] Mayor Kathy Carroll-Duda, Geneseo Rachel Caton, Receptionist – [email protected] Mayor Steve Frattini, Herrin Kim Cummings, Advocacy Coordinator – [email protected] Village President Sean Widener, Mahomet Craig Elliott, Technology & Facilities Director – [email protected] Village President Glenn Ryback, Wadsworth Lori Harlan, Public Affairs Manager – [email protected] Village President Eileen Phipps, Wayne Patrick Hayes, General Counsel – [email protected] Joe McCoy, Legislative Director – [email protected] MANAGING DIRecTOR Joe Schatteman, Deputy Legislative Director – [email protected] Rebecca Turner, Publications Coordinator – [email protected] Brad Cole, Former Mayor, Carbondale SEPTEMBER 2017 | ILLINOIS MUNICIPAL REVIEW 3 Whatever comes your way, Ancel Glink is here for you. Ancel Glink. No law firm knows municipal law like we do — we wrote the book. We are progressive in our thinking, zealous in our client advocacy, and relentless in our commitment to Illinois municipalities. The firm can serve you as regular or special counsel. So whatever your needs, think Ancel Glink! Visit www.ancelglink.com to download ten pamphlets on zoning, planning, annexation, labor law, tort immunity and other subjects. Please contact Stewart Diamond, Rob Bush, Keri-Lyn Krafthefer or Derke Price at 312 782-7606 to find Think Ancel Glink. out how Ancel Glink may be of service to you. Serving Illinois with offices in Chicago, Vernon Hills, Naperville, Crystal Lake & Bloomington I 312 782-7606 I www.ancelglink.com BRING COMMUNITIES TOGETHER Engage people of all ages with fun aquatic play. All through the wonder of water. World leader in aquatic play solutions with over 6,500 installations worldwide 1.866.586.7839 (USA/CA) | [email protected] VORTEX-INTL.COM 4 ILLINOIS MUNICIPAL REVIEW | SEPTEMBER 2017 EDUCATE. ADVOcate. DirecTOR’S COMMENTS EMPOWER. the line of duty. The intent of the ordinances will only be finally known legislation aligns with the goals of all if or after they are challenged in the municipalities: to do what is right for courts, but we feel that taking this severely or fatally injured employees. step is both constitutional and a Unfortunately, judicial determinations sound management practice absent on eligibility for PSEBA benefits have any other options. It is also keeping been loosened due to the lack of a with the IML practice of moving clear definition of a “catastrophic forward with creative solutions to injury” as referenced in the act. This difficult problems that are not being has led to frequent abuse of the resolved by the legislature or others. system and results in awards that do not actually recognize a “catastrophic I encourage you to have your injury,” but are none-the-less costly municipal attorney review the BRAD COLE, EXecUTIVE DIRecTOR to municipalities. appropriate draft ordinance as relates ILLINOIS MUNICIPAL LEAGUE to your community. We welcome During a review of legal case law your thoughts, and certainly wish to on this topic by IML staff, the be advised if you choose to adopt More than just the third branch of concept was developed to utilize the ordinance. We will likewise our government, the judiciary plays recent court decisions as an avenue be watching as a potential legal a critical role in many different for establishing administrative challenge might come in response aspects of local government and the procedures for assessing PSEBA to a claim that does not meet the services we provide to the residents claims, while simultaneously ordinance’s procedural requirements. in our communities. As a look inside establishing a definition of several layers of the courts, this “catastrophic Injury.” Both Home Rule This PSEBA issue is one example issue of Review highlights areas of and Non-Home Rule communities of the types of legal work IML the legal system that might not be have been granted legal authority by coordinates and manages throughout as well-known to you as you would the courts to establish procedures in the regular course of our activities. wish. And you might not know how this arena: Pedersen for Home Rule Whether we are filing legal briefs involved the Illinois Municipal League and Englum for Non-Home Rule.
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