July 10, 2012 #4-2012

TO: IAPD Member Agencies, Board Members, Professionals and Associate Members

FROM: Peter Murphy, J.D., CAE, IAPD President and CEO Jason Anselment, IAPD Legal/Legislative Counsel

All past issues of Legal News are available to IAPD members only under the Legal Assistance section of the IAPD’s website.

New Law Clarifies Park District Authority to Appoint Assistant Officers

Governor Quinn has just signed into law HB 4562 (Public Act 97-758). This IAPD legislative initiative amends the Park District Code to allow a park board of commissioners to appoint an assistant secretary and an assistant treasurer to perform certain functions if the secretary or treasurer is unable to do so.

While some park districts already appoint assistant officers, IAPD worked to address the concerns of bond counsel to clarify the authority of these assistants to perform important functions such as signing bond documents.

As a result of IAPD's efforts throughout the spring legislative session, there is no longer any concern that assistant officers can perform these duties if the park board grants them that authority.

LAST CHANCE TO REGISTER FOR THIS WEDNESDAY'S WORKSHOP

A proper understanding of board responsibilities and fiduciary duties not only builds an effective board, it also helps avoid legal pitfalls. You can learn about both and much more at IAPD's upcoming workshop. "Solving Board Games - Building an Effective Board,” which will take place this Wednesday, July 11, from 6:00 – 9:00 p.m. at the Buffalo Grove Park District.

This 3 hour workshop features Nancy Sylvester, MA, PRP, CPP-T, a professional parliamentarian and team/leadership specialist. Nancy brings more than 30 years of experience in providing assistance with strategic planning, facilitation, meetings, board training, communication and team building. The workshop will cover:

• Understanding the Responsibility of the Board • Your Fiduciary Duty as a Board Member • Conducting Better Board Meetings • Communication Skills • Working as an Effective Team within Your Board • Leadership • Board/Staff Relationships

Register today to help achieve success for your agency!

HELP PUBLICIZE FREE PROGRAM TO HELP HOMEOWNERS

Nearly every community has citizens who have been affected by the nation's mortgage foreclosure crisis. The State of Illinois has asked for your agency's help in publicizing a free program to help homeowners who are behind or struggling on their mortgage.

The event, which is sponsored by Governor Pat Quinn, Attorney General Lisa Madigan, Senate President John Cullerton, State Representatives Sara Feigenholtz and Ann Williams, the Illinois Housing Development Authority, the Illinois Department of Financial and Professional Regulation, and the Illinois Department of Employment Security will take place on July 28, 2012, at Devry University, 3300 N. Campbell Avenue, Chicago, Illinois.

You can help publicize this important community event by downloading the attached flyers (English / Spanish) and making copies available to patrons of your agency. Additional information about this program may be obtained here.

FEATURED MEMBER INQUIRY

The IAPD often receives legal inquiries from member agencies that may be of interest to other members. We recently received the following question.

Q. Are park board committee members required to complete the new on-line training for elected or appointed members of a public body?

A. To the extent that the committee is itself considered a "public body” under the Open Meetings Act, yes.

Effective January 1, 2012, Public Act 97-504 requires all "members of a public body” to complete electronic training on the Open Meetings Act that is administered by the Illinois Attorney General's Public Access Counselor (PAC).

Under the Open Meetings Act, a "public body” includes any subsidiary body of a unit of local government such as committees and subcommittees that are supported by taxes. Advisory bodies, such as committees and citizen advisory boards that are appointed by a park board, are considered "public bodies.” Therefore, as "members of a public body” such committee members would also need to complete the free on-line training within the timeframes set forth in the Act and file their certificate of completion with your agency. Completion of the training as a member of a public body such as a park board satisfies the requirements with respect to that member's service on a committee or subcommittee of the board, but members of a committee who are not elected members of the board itself also need to complete the training.

For a discussion of these timeframes for completion of the training as well as additional information concerning the requirements of this recent law, click here and login to the IAPD website.

For more in depth coverage of the Open Meetings Act, purchase the Illinois Association of Park Districts' Guide to Illinois Sunshine Laws for only $35 ($123 for non-members).

SAVE THE DATE

You will not want to miss the 2012 IAPD Legal Symposium on October 11, 2012, at Hamburger University in Oak Brook.

The IAPD's Legal Symposium is one of the best ways to make sure your agency is keeping up with changes in law, so mark your calendar to attend!

Additional details will be announced later this month.