February 2015

Bruce Rauner  42nd Governor of Illinois

IML Legislative Agenda for 2015 2 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 ILLINOIS MUNICIPAL

EDITOR IN CHIEF Brad Cole 5 From the Editor’s Desk MANAGING EDITOR Roger Huebner 6 Bruce Rauner  42nd Governor  State of Illinois Inaugural Remarks PUBLICATION COORDINATOR Rebecca Turner 7 Illinois’ Constitutional Officers  2015

(ssn 0019-2139) 9 Estimated State Shared Municipal Revenue MFY 2016 Telephone (217) 525-1220 9 Municipal Calendar  February Volume 94, No 02, February 2015. Total number 1,072. 10 State Shared Municipal Revenue an Historical View The Illinois Municipal Review (USPS 258-180) is published monthly in Springfield, IL, by the Illinois 14 IML Legislative Update: Municipal League, Editorial and Executive Offices, IML Legislative Agenda for 2015 500 E. Capitol Ave., Springfield, IL 62701. 16 IMLRMA Today: Subscription per year: Member $15.00. Domestic $30.00. The Duty to Disclose Exculpatory Evidence in Law Enforcement Investigations Periodical postage paid at Springfield, IL 62705-5180. 18 IML Legal Brief: www.iml.org (Other) Legal Opinions from 2014 that Municipal Officials Should Know POSTMASTER: Send address changes to: Illinois Municipal Review, PO Box 5180, Springfield, IL 62705. 20 HB 5709  Land Valuation Waivers  Signed into Law

21 IML Committee Leadership Changes

22 Awards Corner  Award Profile: All America City Award  Award Winner: Governor’s Hometown Award

26 Professional Services Directory

28 Fun in Illinois! February Festivals

COVER: District Judge Sharon Johnson Coleman administers the oath of offi ce to Gov. Bruce Rauner Monday, Jan. 12, 2015, at the Prairie Capital Convention Center in Springfi eld, Ill. Rauner’s wife, Diana, holds the bible. Rich Saal/The State Journal-Register.

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 3 4 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 OFFICERS OF THE FROM THE Editor’s Desk ILLINOIS MUNICIPAL LEAGUE PRESIDENT The US Department of Housing and Urban Development Mayor Gerald E. Daugherty, Mascoutah (HUD) announced the FY 2014 Notice of Funds Available FIRST VICE PRESIDENT (NOFA) for Choice Neighborhoods Implementation Grants Village President Thomas Gray, Chatham has been posted (grants.gov). Applications are due on Monday, February 9, 2015. The NOFA makes available approximately $76 SERGEANT-AT-ARMS million for Choice Neighborhoods Implementation Grants. Village President Dale B. Adams, Rockton

The U.S. Environmental Protection Agency (EPA) is EXECUTIVE DIRECTOR accepting requests for proposals (RFP) under the 2014-2015 Brad Cole Environmental Education (EE) Grants Program. EPA seeks VICE PRESIDENTS grant proposals to support locally-focused environmental Mayor Thomas J. Weisner, Aurora education projects that promote environmental awareness and Village President Karen Darch, Barrington stewardship. Successful applicants will submit projects that Mayor Mark W. Eckert, Belleville design, demonstrate, and/or disseminate environmental education Mayor Michael Chamberlain, Belvidere practices, methods, or techniques. Village President Joe Cook, Channahon Mayor Rahm Emanuel, Chicago EPA expects to award three grants from each of EPA’s 10 Regional Mayor Kevin B. Hutchinson, Columbia Offi ces, for a total of approximately 30 grants nationwide. Mayor Aaron Shepley, Crystal Lake Applications are due March 6, 2015. Read the RFP and learn how Mayor Michael T. McElroy, Decatur to apply at: http://go.usa.gov/MsN4. A webinar specifi c to the EE Village President Teresa Kernc, Diamond Local Grants RFP will be scheduled for a later date. Mayor Gail Mitchell, Fairview Heights Mayor James L. Gitz, Freeport Mayor Joe W. Bisch, Grayville The Illinois Crime Prevention Association (ICPA) awarded Village President Rodney S. Craig, Hanover Park Naperville Mayor A. George Pradel its 2014 Citizen of the Mayor Andy Ezard, Jacksonville Year award. Naperville Crime Stoppers also received the coveted Mayor Keith Snyder, Lincoln Organization of the Year award. ICPA awards individuals and Mayor Joseph J. Broda, Lisle groups that have proven crime prevention commitment and Village President Eugene Williams, Lynwood service to their communities. Mayor Michael J. Inman, Macomb Mayor Robert L. Butler, Marion The Illinois Fire Service Institute (IFSI) has posted their class Mayor Timothy D. Gover, Mattoon schedule for 2015. https://www.fsi.illinois.edu/content/courses/ Mayor Mary Jane Chesley, Mount Vernon programs/homeland%20security/. As additional classes are added, Mayor Leon Rockingham, Jr., North Chicago they will be posted to the IFSI website. Village President Jack Reidner, Ogden Mayor Jim Ardis, Peoria Mayor Scott J. Harl, Peru Members of the Illinois Municipal Treasurer’s Association Village President Rick Reinbold, Richton Park (IMTA) completed the Illinois Municipal Treasurer’s Institute, Mayor Chet Olson, Rochelle which was held in Bloomington this past November. The Institute Mayor Dennis E. Pauley, Rock Island is conducted by Eastern Illinois University and is designed to Mayor Lawrence J. Morrissey, Rockford fulfi ll the educational requirements necessary for professional Mayor Richard H. Hill, Round Lake Beach designation of certifi cation at the state and national level. Village President David L. Owen, South Chicago Heights Mayor Greg Brotherton, Taylorville The Institute is an intensive four-day residential program held Mayor Ricky J. Gottman, Vandalia each year for three years. In 2014, nine people completed Phase I, Mayor Gary W. Manier, Washington ten people completed Phase II and four people completed Phase Mayor Tom Jordan, West Frankfort III - Kendra Alexander, Village of Creve Coeur; Rhonda Hyde, Village of Bedford Park; Tina Lindsey, City of Johnston City; PAST PRESIDENTS and Linda Sharp, City of Columbia. Once the three phases Mayor J. Michael Houston, Springfi eld have been completed, those treasurers can then return for the Mayor Roger C. Claar, Bolingbrook Advanced 8 or Advanced 16 training. In all, 64 treasurers received Village President B.J. Hackler, Saint Joseph valuable training which will assist each of them in keeping abreast Mayor Gerald R. Bennett, Palos Hills Mayor Gary L. Graham, O’Fallon of changes affecting their important and increasingly diffi cult Mayor Al Larson, Schaumburg role in municipal government. For more information please Mayor Scott Eisenhauer, Danville visit www.imtausa.org. Mayor Darryl F. Lindberg, Loves Park

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 5 Bruce Rauner 42nd Governor State of Illinois Inaugural Remarks

Bruce Rauner took the oath of offi ce as Illinois’ 42nd Governor all those throughout the state will be called upon to share in on Monday, January 12, 2015. the sacrifi ce so that one day we can again share in Illinois’ prosperity. We all must shake up our old ways of thinking. In his inaugural speech, Governor Rauner emphasized the need I promise to you this administration will make our decisions to revitalize the Illinois economy by making the state more based on the next generation; not the next election.” accommodating and inviting to business: Reforming and investing in the education system was “We need a booming economy that is pro-growth, pro-business, emphasized as a critical priority by Governor Rauner. Driving pro-job creation or we won’t have the money to solve any of results in education will foster future economic growth: our other problems. Our state must become competitive again. In the weeks ahead, I’ll be asking the legislature to work “For in order to thrive, we must prepare the next generation with me to pass a comprehensive jobs and economic package for success. From cradle to career, the people of Illinois that will get Illinois working again. Let’s get our sons and deserve world-class educational opportunities. daughters to return home!” A high-quality education is essential for higher lifetime earnings, a competitive, world-class workforce, and strong Governor Rauner highlighted Illinois’ budget crisis and the economic growth.” absence of stable policies as a hurdle to making Illinois the destination state that he envisions. His intent is to implement To assert his political independence, Governor Rauner put reforms that will begin to bring the State’s fi nances under his own twist on a legendary line ripped from Chicago control. He cautioned that this will be a multi-year endeavor political lore: that requires shared sacrifi ce: “I’m nobody that nobody sent.” “Instead, we have an opportunity to accomplish something historic: to fi x years of busted budgets and broken government; The Governor also looked at the near future, which will include to forge a path toward long-term prosperity and a brighter a celebration of Illinois’ Bicentennial: future; to make Illinois the kind of state others aspire to become, a national leader in job growth and education quality. “In just three short years our great state will be celebrating its To achieve that will require sacrifi ce. 200th birthday. Sacrifi ce by all of us – politicians and interest groups, business Yes, 2018 will be our Bicentennial. What a perfect time these and labor, those who pay for government and those who next few years will be to return our beloved Illinois to its depend on government’s services. Each person here today and rightful place as a leader among the states of America.”

6 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 Illinois’ Constitutional Offi cers  2015

A brief introduction to the State of Illinois’ Madigan earned her bachelor’s degree from Georgetown University and her J.D. Constitutional Offi cers: from Loyola University Chicago School of Law. She and her husband, Pat Byrnes, have two daughters. (Excerpted from www.illinoisattorneygeneral.gov) GOVERNOR – BRUCE RAUNER (R) Bruce Rauner was sworn in as the 42nd governor of TREASURER – MICHAEL W. FRERICHS (D) the State of Illinois on January 12, 2015. His goal as Mike Frerichs was born and raised in the small farming governor is to create a more prosperous state, where community of Gifford, Illinois (pop. 975). He graduated everyone has an opportunity to succeed. from Rantoul Township High School (1991) and four years Bruce was born in Illinois and is a self-made later from Yale University (1995). He taught at his alma businessman who had no inheritance or family wealth. mater, Rantoul Township High School, and helped manage He worked while he attended Dartmouth College, where a local safety engineering company, Smart Structures. Mike he graduated with top honors. He went on to earn an M.B.A. from Harvard. was elected to the Champaign County Board (2000) and was Champaign County Auditor (2002-2007), where he Returning to Illinois in 1981, Bruce began working at then startup investment became a Certifi ed Public Finance Offi cer (CPFO). Mike also company Golder, Thoma, Cressey (later GTCR). served as a volunteer fi refi ghter and on the board of a local He and his wife Diana are the proud father of six children – two boys and non-profi t nursing home. four girls. Bruce hunts birds, hikes, loves riding his Harley, and jumps at every In 2007, Mike was sworn in as the 52nd District State Senator, which includes parts opportunity to fi sh. (Excerpted from www.brucerauner.com) of Champaign and Vermilion Counties. Mike currently resides in Champaign and has a daughter named Ella. His slogan, LT. GOVERNOR – EVELYN SANGUINETTI (R) “Standing Tall for Illinois,” is a play on his height. At 6 feet 8 inches, Mike is one Evelyn Sanguinetti took the oath of offi ce as Lieutenant of the tallest legislators in Illinois history, standing four inches taller than Abraham Governor on January 12, 2015. Lincoln. (Excerpted from www.FrerichsforIllinois.com) Evelyn received her bachelor’s degree in piano performance from Florida International University. COMPTROLLER – LESLIE MUNGER (R) She soon moved to Chicago to attend the John Leslie Munger was selected by Governor Rauner to fi ll the Marshall Law School. Following law school, Evelyn vacancy in the offi ce of Comptroller. She took the oath of served as an Assistant Attorney General in the Illinois offi ce on January 12, 2015. Attorney General’s Offi ce under Jim Ryan before Ms. Munger is a lifelong Illinoisan, born and raised in Joliet, transitioning to private practice. She is also an Adjunct and a 20-year resident of Lincolnshire. In her 25 years as a Professor of Law at the John Marshall Law School. She ran for City Council of businesswoman Leslie has worked for Helene Curtis and Procter Wheaton and won in 2011. & Gamble in brand management, and McKinsey & Company, Evelyn currently lives in Wheaton with her husband, Raymond, and their three Inc. in recruiting and training. Most recently, she was a 2014 children. (Excerpted from www.bruceranner.com) candidate for the Illinois House from the 59th District. Leslie has been an active leader in her community, serving on numerous boards and foundations. ATTORNEY GENERAL – LISA MADIGAN (D) Leslie earned an M.B.A. from Northwestern University/Kellogg Graduate School of In November 2002, Attorney General Madigan became Business, and a B.S. from the University of Illinois, Champaign-Urbana. the fi rst woman elected to serve as the Illinois Attorney She and her husband, John, have been married for 23 years and are the parents of two General, and one of only a handful of female Attorneys adult sons. (Compiled from www.votemunger.com) General in the country. In 2010, she was elected to her third term as Attorney General and now is the senior- SECRETARY OF STATE – JESSE WHITE (D) most female Attorney General in the country. Jesse White is Illinois’ 37th Secretary of State. White Before her election as Attorney General, Madigan was fi rst elected to the offi ce in 1998 and won landslide served in the Illinois Senate and worked as a litigator victories in 2002, in which he won all 102 counties, and for a Chicago law fi rm. Prior to becoming an attorney, again in 2006 and 2010. On November 4, 2014, White was she was a teacher and community advocate, developing after-school programs to re-elected to a record-breaking fi fth term. White became help keep kids away from drugs and gangs. Madigan also volunteered as a high Illinois’ longest serving Secretary of State on May 30, 2014. school teacher in South Africa during apartheid. ILLINOIS’ CONSTITUTIONAL OFFICERS CONTINUES ON PAGE 8

FEBRUARYFEBF EBE B RUARUU RYR 2012020150 5 | ILLIILLINOISLLLL INOI NNOISS MUNMMUMUNICIPALICICIPALPAA RERREVIEWVIEVIV W | 7 ILLINOIS’ CONSTITUTIONAL OFFICERS CONTINUES

Prior to his election as Secretary of State, White served as Cook County Recorder of Deeds — a job to which he was fi rst elected in 1992 and re-elected in 1996. Before that, he served 16 years in the Illinois General Assembly, representing the most culturally, economically and racially diverse district in Illinois. White served our country as a paratrooper in the U.S. Army’s 101st Airborne Division and as a member of the Illinois National Guard and Reserve. He played professional baseball with the Chicago Cubs organization, which was followed by a 33-year career with the Chicago public school system as a teacher and administrator. Jesse White earned his Bachelor of Science degree from Alabama State College (now Alabama State University) in 1957, where he was a two-sport athlete earning all-conference honors in baseball and basketball. (Excerpted from www. cyberdriveillinois.com)

Illinois Municipal League

EDUCATE. ADVOCATE. EMPOWER. MUNICIPAL ATTORNEYS SEMINAR Friday, April 10, 2015 Bloomington, IL Register online at www.iml.org

8 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 Estimated State Shared Municipal

Revenue MFY 2016 (MAY 2015 to APRIL 2016) BY ROGER HUEBNER, DEPUTY EXECUTIVE DIRECTOR / GENERAL COUNSEL, IML

The Estimating Revenue article that ran in the January Review covered the estimated state shared revenue through MFY 2015. This brief article contains the MFY 2016 estimates. The MFY 2016 estimates are conservative in predicting a continued recovery. They also assume no policy/legislative changes to any of the underlying statutory language, which means no state reduction. The 2015 legislative session will focus on revenue issues, but I am not predicting an outcome. MUNICIPAL SHARE OF ILLINOIS MOTOR FUEL TAX ESTIMATE INCOME TAX (LGDF) ESTIMATE For MFY 2016 (May 2015 through April 2016), IML For MFY 2016 (May 2015 through April 2016), IML estimates $23.80 per capita. This estimate assumes a estimates $99.00 per capita. This estimate assumes 2.06% 2.06% decline from our most recent MFY 2015 estimate of growth from our most recent MFY 2015 estimate of $97.00 $24.30 per capita. per capita. CORPORATE PERSONAL PROPERTY REPLACEMENT TAX 1% LOCAL SHARE OF ILLINOIS USE TAX ESTIMATE (CPPRT) ESTIMATE For MFY 2016 (May 2015 through April 2016), IML For MFY 2016 (May 2015 through April 2016), IML estimates $19.40 per capita. This estimate assumes 4.86% estimates no change from our most recent MFY 2015 growth from our most recent MFY 2015 estimate of estimate of $1.38 billion. $18.50 per capita.

MUNICIPAL CALENDAR - FEBRUARY On or before February 1 of each year, the chief administrative offi cer of each unit of The annual budget must be passed before the start of the fi scal year by municipalities local government or his/her designee shall certify to the county clerk the names and that have adopted the Optional Budget Offi cer System (65 ILCS 5/8-2-9.1 through 8-2- mailing addresses of those persons required to fi le statements of economic interest 9.10) in lieu of the Appropriations Ordinance System. (65 ILCS 5/8-2-9.) The annual pursuant to the Illinois Governmental Ethics Act. The chief executive offi cer or his/her appropriation ordinance or budget, as well as an estimate of revenues anticipated to be designee shall set forth the names in alphabetical order by county of residence and shall received by the municipality in the following fi scal year, must be fi led with the County certify the list to the county clerk of the counties in which those persons reside. (If the Clerk within 30 days of the adoption of the appropriation ordinance or budget. (35 ILCS person resides outside of Illinois or in another county, the list shall be sent to the county 200/18-50.) clerk of the county where the principal offi ce of the unit of local government with which Any municipality with a population of less than 500,000 which attempts to impose, the person is associated is located). (5 ILCS 420/4A-106.) amend or repeal the Simplifi ed Municipal Telecommunications Tax must fi le a certifi ed Municipalities choosing to levy a tax for the payment of principal and interest on copy of such ordinance with the Illinois Department of Revenue prior to March 20, or general obligation bonds or limited bonds may do so at any time prior to March 1 of September 20. Ordinances received prior to March 20 will be collected on or after the the calendar year during which the tax will be collected, notwithstanding the December following July 1. Ordinances received prior to September 20 will be collected on or deadline to pass the annual tax levy ordinance. (30 ILCS 350/16.) after the following January 1. (35 ILCS 636/5-20.) NEW By March 1, 2015, all municipalities outside of Chicago that maintain an On or before the fi rst day of April, home rule and non-home rule municipalities Internet website  other than a social media or social networking website  shall post imposing or discontinuing a retailer’s occupation tax or effecting a change in the rate a mechanism so that members of the public can electronically communicate with the thereof must fi le a certifi ed copy of any ordinance or resolution (and referendum elected offi cials of the municipality, such as a uniform single e-mail address, unless if appropriate) with the Department of Revenue. Ordinances received by the Illinois such offi cials have an individual e-mail address for that purpose. A hyperlink to the Department of Revenue by April 1 will be collected July 1. Ordinances received by information must be easily accessible from the municipality’s home page. (50 ILCS October 1 will be collected January 1. (65 ILCS 5/8-11-1, and 65 ILCS 8-11-1.1.) 205/20.) On or before March 1 of each calendar year, every law enforcement agency is required By March 31 of each year, the corporate authorities shall cause the zoning map to be to submit racial profi ling information and other data required to be collected from published. If there are no changes from the preceding year, no map shall be published. traffi c stops during July through December of the previous calendar year to the Illinois (65 ILCS 5/11-13-19.) Department of Transportation. (625 ILCS 5/11-212.)

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 9 State Shared Municipal Revenue  an Historical View

BY ROGER HUEBNER, DEPUTY EXECUTIVE DIRECTOR/GENERAL COUNSEL, IML

The Updated State Shared Municipal Revenue was published The local share of the State Income Tax that is processed in January to provide an estimate for the remainder of through the Local Government Distributive Fund has been, MFY 2015. When writing that article, I reviewed materials and continues to be, an important source of revenue to all from the late 1970s, when IML fi rst began publishing municipalities and counties. The actual dollar amounts this information. Since that time, we have endeavored to certainly illustrate the per capita distribution and allow a keep the membership informed on a semi-annual basis community to calculate their receipts. The long-term trend with new information as the taxes are reported, collected, since 2001 illustrates the fl uctuations and shows growth and and distributed. To give an historical perspective and decline. The Great Recession was felt beginning with 2009 trend analysis, this article was prepared covering several revenues. Note that municipalities did not share in the last sources of revenue distributed to municipalities and local several years of increased rates, which expired in January governments. The future of tax policy should honor the past of 2015  those revenues went to the state. The actual and realize municipalities’ fi scal needs should and must be percentages attributed to LGDF will be adjusted as the rates taken into consideration. decline and are intended to keep municipalities whole. The future of the state’s income tax policy is unknown at this time.

LOCAL SHARE OF INCOME TAX Per Capita

10 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 LOCAL SHARE OF INCOME TAX % CHANGE

The Motor Fuel Tax (MFT) payments are much more stable. is the actual gallons consumed by the driving public. The The tax is based on a fi xed rate per gallon, so gas price trend analysis may show stability, and at this point gasoline fl uctuations have little impact. The important information prices are trending to recent historical lows, which could alter consumption.

MOTOR FUEL TAX Per Capita

MFT % CHANGE

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 11 STATE USE TAX Per Capita

The State Use Tax collected on out-of-state purchases is and considered internet sales taxation, no legislation has been distributed on a per capita basis. This tax, while the Department approved. If and when such a policy change is enacted to of Revenue is expanding its enforcement, is still producing less broad-based taxation and compliance by on-line companies, revenue than could be expected if policy changes at the federal this could produce substantial new revenue. and state were enacted. While Congress has for years debated

STATE USE TAX % CHANGE

The major three taxes collected by the state and distributed but the total growth has been modest, and in some years, to municipalities  Income Tax, Motor Fuel Tax, and dramatically decreased. State Use Tax  have increased over the last fi fteen years, In 2001, the total distribution was $118.21; in 2008 $133.66; and the estimate for 2015 is $139.80.

Per Capita

12 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 CORPORATE PERSONAL PROPERTY REPLACEMENT TAX REVENUE

The Corporate Personal Property Replacement Tax (CPPRT) governments who collected a personal property tax in 1977 are is replacement tax revenue collected by the state to replace eligible for the distributions. Unfortunately, in recent years the money lost by local governments when their powers to General Assembly has taken revenues from this source to pay impose personal property taxes were taken away. Only local for expenses that come out of the state’s general revenue fund.

CPPRT % CHANGE

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 13 Advocate. IML LEGISLATIVE UPDATE IML Legislative Agenda for 2015

BY JOE MCCOY, LEGISLATIVE DIRECTOR, IML

The IML’s Policy and Legislative Committees met during the  ADDITIONAL OPPORTUNITIES FOR NON-HOME RULE fall with the goal of formulating a 2015 Legislative Agenda COMMUNITIES TO PURSUE HOME RULE STATUS for recommendation to the IML Board of Directors. This The IML will pursue legislation to change state law so that a recommended agenda was approved by the IML Board of referendum to achieve home rule status can be held more than Directors in December of 2014. once in a 23-month period.

Our Committee process placed a great deal of emphasis on   WORKERS’ COMPENSATION REFORM proposal analysis and prioritization. This process resulted The IML will be prepared to introduce specifi c legislative in a focused agenda intended to benefi t larger segments of proposals if and when the Governor and Legislative Leaders our membership while recognizing the reality that the IML indicate that the Workers’ Compensation Act will be opened up Legislative Program allocates considerable staff time and for reforms. resources to defeating harmful legislation introduced by special interests. ANTICIPATED LEGISLATIVE PRIORITIES

LEGISLATION FOR INTRODUCTION In addition to introducing the aforementioned legislative initiatives, the IML anticipates that several issues will arise that In 2015, the IML will introduce legislation to advance the will require the expenditure of signifi cant advocacy resources. following issues: The IML Board of Directors identifi ed the following issues as legislative priorities in 2015:   PSEBA REFORM The IML will offer solutions intended to reduce the rising costs   LGDF PROTECTION associated with this expensive police and fi refi ghter health The IML will work to defend against any attempts to reduce the insurance benefi t. municipal share of shared income tax revenue from the Local Government Distributive Fund.   COLLECTION OF DEBT THROUGH PROPERTY TAXES The IML will seek to obtain statutory authority for   PUBLIC SAFETY PENSION REFORM municipalities to request that a debt, such as an unpaid fi ne The IML will work through the Pension Fairness for Illinois or utility bill, be placed on and collected through property Communities Coalition to pursue legislation that will introduce tax bills. sensible reforms into the municipal police and fi refi ghter pepensionnsion sysystems.ystemmss.

14 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015   RESTORATION OF FULL 10% LGDF SHARE The IML will look for opportunities to restore the municipal and county portion of state-shared income tax revenue (LGDF) to a full 10% of total income tax collections. The LGDF share received by municipalities and counties had been 10% until the temporary income tax increase took effect in 2011. The current LGDF share is 8% of total income tax collections.

 OPPOSE “RESPONSIBLE BIDDER” PROVISION FROM INCLUSION WITHIN THE PREVAILING WAGE ACT The IML will oppose ongoing efforts by organized labor to change the rules in order to prohibit smaller, non-union businesses from bidding on public works projects. Less competition would result in higher municipal costs to complete public works projects.

IN ADDITION TO OUR 2015 LEGISLATIVE AGENDA...

The IML Legislative Committee and Board of Directors adopted updates to the guiding principles and policies that inform the IML’s legislative activities. This document is available on the legislative page of our website (www.iml.org).

IML will be calling on our membership to help us achieve our legislative priorities in 2015. We look forward to partnering with you!

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 15 IMLRMA TODAY The Duty to Disclose Exculpatory Evidence in Law Enforcement Investigations

BY JASON L. NIEMAN, CLAIM AND LITIGATION MANAGER, IMLRMA

As has been widely reported in the national or regional media, The average value of wrongful incarceration / malicious there have been a signifi cant number of recent events where prosecution civil litigation has averaged between $250,000 persons convicted of serious felonies such as murder have and $1MM per year of incarceration. The range of ultimate been released after years, sometimes decades, of incarceration. settlement or verdict is highly dependent upon the likability of Such releases are often associated with court declarations of the plaintiff, the conduct of the investigating offi cers and other innocence, based upon efforts of organizations such as the relevant parties, evidentiary rulings (as to prior or subsequent Innocence Project. offenses, for example) and other related factors.

Once a person is released, civil litigation almost invariably Some of the most diffi cult defensive issues relate to failure of ensues. These claims and/or lawsuits have led to a number of the prosecution or investigating offi cer to disclose exculpatory large settlements or verdicts in favor of the released person evidence to the prosecutor or defendant. Where withholding and their attorneys. This article will explore some of the has been confi rmed, or proved reasonably to the trier of fact, controllable adverse issues, particularly those involving the this has been a substantial negative factor as to defensibility of duty to disclose exculpatory evidence. the case and/or damages.

The duty to disclose generally stems from a ruling in the United The average value of wrongful incarceration/ States Supreme Court; Brady v. Maryland, 373 U.S. 83, 87 (1983). The Brady rule generally states that failure to disclose malicious prosecution civil litigation has averaged such exculpatory evidence is a violation of constitutionally between $250,000 and $1MM guaranteed due process rights. per year of incarceration. In addition to actual or alleged cases of evidence withholding, accidental loss or destruction of material evidence from cases of this type can be a serious problem for the defense. In one recent case from Illinois, a person was released from prison NATURE OF THE ENVIRONMENT over 30 years after the individual was convicted of murder. This raises questions as to exactly how long evidence must Advances in technology, particularly DNA testing, have be secured and maintained, particularly in felony cases where created new opportunities for evidence from old convictions convictions have resulted. (Life of the person plus any relevant to be revisited. Additionally, the large potential verdicts from statute of limitations?) reversed convictions appear to create incentives to review cases that may not otherwise have been subject to such STRATEGIES TO AVOID ADVERSE subsequent analysis. DEFENSIVE SITUATIONS

Recently, during a meeting of the National League of Cities Other than taking efforts to confi rm that presently held Risk Information Sharing Consortium (NLC-RISC), this evidence is being fully preserved, there are few strategies that subject was addressed by a lawyer with a large and respected departments can undertake concerning previous convictions. law fi rm that defends many cases of this type (Audrey However, as to current investigations and prosecutions, there J. Forbush of Plunkett Cooney). Ms. Forbush provided are defi nitely affi rmative steps that can be taken to avoid future information which is consistent with recent research conducted cases where reversed convictions lead to actual liability to the by the IMLRMA1. department or municipality.

16 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 The fi rst strategy relates to objective and thorough value in attempting to exercise the best possible strategies to investigations. Focus on a particular suspect to the exclusion avoid fi ndings of misconduct as to evidence and investigations of other leads, evidence, or suspects is a common theme for that are within present or future control. plaintiffs in such cases. ______This article is presented as a matter of information only and is not intended as legal advice. Readers are encouraged to review any Additionally, the responsibility in determining what is applicable issues with qualifi ed legal counsel prior to making any material as far as exculpatory evidence, and what must be modifi cations to procedures based upon considerations of information disclosed to the defendant and/or their attorney, is generally contained in this article. noted as the responsibility of the prosecutor. But this does Special thanks to Brian P. Gainer of Johnson and Bell, Chicago, IL for not relieve law enforcement of responsibility for good article input. faith disclosure. Accordingly, it is generally accepted that ______the investigating offi cers should disclose everything to the 1 Forbush, Audrey. Wrongful Prosecution. October 2014. Plunkett and Cooney. www.nlc.org/Documents/NLC-RISC/2014%20Staff%20 prosecutor and that the prosecutor can then determine what Conference/Presentation%20and%20Handouts/2014%20Wrongful%20 should be disclosed to the suspect and/or their counsel. Using Prosecution%20(Forbush)%20NLC-RISC%20presentation_REVISED.pdf the format of “when in doubt, disclose to the prosecutor” would arguably reduce the chances that the actions of the investigating offi cer(s) could be successfully attached as to alleged failure to disclose under Brady.

CONCLUSION

The advances in DNA evidence and potential fi nancial value of cases involving the release of long-term incarcerated persons suggests that cases of this type will continue to be a challenge for law enforcement and municipalities throughout the United States. While many of these cases involve factors out of the current control of departments and municipalities, there is

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 17 Educate. IML LEGAL BRIEF (Other) Legal Opinions from 2014 that Municipal Offi cials Should Know

BY JERRY ZARLEY, LEGAL ANALYST, IML

Like most years, many important decisions and opinions not create a system of nondiscretionary rules governing the were issued throughout 2014 that will impact local revocation or renewal of that benefi t. governmental entities. In the January 2015 Legal Brief in the Illinois Municipal Review, readers were provided with the MUNICIPAL AUTHORITY decisions and the status of all cases in 2014 in which the IML PANHANDLING; ZONING RELIGIOUS LAND USES; ZONING intervened as amicus curiae. The September 2014 column SHOOTING RANGES 4 covered the most important decisions during the 2014 summer  In Norton v. City of Springfi eld, the Seventh Circuit Federal sessions coming out of the Federal and State Supreme Courts. Court of Appeals upheld a challenge  on First Amendment Please refer to the appropriate issues for the reports on those grounds  to the city’s panhandling ordinance. According to matters, as they will not be repeated here. This column the federal appeals court, the city’s ordinance prohibiting oral provides brief summaries of other important decisions of requests for immediate donations in the downtown historic interest to municipal offi cials from the Courts over the last district, while permitting other kinds of requests for donations year. Some Illinois Attorney General’s (AG’s) opinions are in the district, was not an unconstitutional, content-based also offered. regulation in violation of the First Amendment because it was a reasonable time, place, and manner restriction. The ordinance EMPLOYMENT LAW prohibits only the immediate verbal solicitation of funds in OVERTIME & SEASONAL EMPLOYEES the downtown historic district. The ordinance is indifferent  In Integrity Staffi ng Solutions, Inc. v. Busk,1 the United to the solicitor’s stated reason for the donation, signs seeking States Supreme Court held that security screenings are not donations are still allowed, and verbal requests are permitted entitled to overtime pay under the Fair Labor Standards Act2 throughout the rest of the city. Although the Seventh Circuit did (FLSA). This case is important to municipalities because not defi nitively hold that the ordinance was content-neutral, it there are often debates about what employee pre- and post- did fi nd that the ordinance was not content-based. The Seventh employment activities are subject to overtime pay. The Circuit concluded: “Evaluated by the standard for time, place, Supreme Court said that only those activities that are intrinsic and manner restrictions[,] Springfi eld’s ordinance is within the elements of employees’ integral and indispensable principal power of state and local government.” activities are entitled to overtime pay, and waiting to undergo  In American Islamic Center v. City of Des Plaines,5 the and undergoing security screenings are not intrinsic elements federal district court dismissed the individual city offi cials of what these employees were employed to do, even though the from the case, but ruled that the Islamic Center’s case against security screenings benefi t the employer. the city could go forward. The district court dismissed the claims against the individual members of the city council for  In Kvapil v. Chippewa County,3 the Seventh Circuit Federal voting against a zoning amendment to allow the plaintiff to Court of Appeals determined that the county did not violate the use its property for religious and educational activities because due-process rights of a seasonal employee when it terminated the individual members were entitled to absolute legislative him without notice or a hearing because he did not have a immunity. The plaintiff’s state Religious Freedom and protected property interest in his seasonal employment. The Restoration Act (RFRA) claim against the city was not barred court found that he did not have a protected property interest by the Tort Immunity Act6 because the plaintiff also sought in his seasonal employment because: (1) he was clearly an at- declaratory and injunctive relief. Finally, even though Section will employee as outlined in the employee manual; and (2) the 11-13-25 of the Illinois Municipal Code7 does not provide an county ordinance entitled “Work Rules,” which provides that independent basis for a cause of action, plaintiff stated a viable an employee “may be disciplined for just cause,” did not create state law claim against the city because plaintiff asserted that a property interest. The ordinance did not contain language the city’s refusal to amend its zoning ordinance was arbitrary providing for the benefi t of continued employment and it did and capricious, and violated the Illinois Constitution.

18 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015  In Platform I Shore, LLC v. Village of Lincolnwood,8 the Act during the public comment portion of a regular meeting First District Illinois Appellate Court determined that the when the board required an attendee to publicly disclose her village’s zoning board of appeals improperly denied plaintiffs’ home address in order to address the board. Section 2.06(g) applications to operate a shooting range in a zoning district provides that “[a]ny person shall be permitted an opportunity that permitted “health clubs or private recreation” because the to address public offi cials under the rules established and proposed shooting range was a permitted use as of right under recorded by the public body.”18 According to the AG, however, the plain and unambiguous language of the ordinance at the requiring attendees to disclose their home address before time the applications were submitted. addressing the board or council is not a proper time, place, and manner regulation which is necessary to further a signifi cant PENSIONS governmental interest. THE SENATE BILL 1 CASE  In IN RE: Pension Litigation,9 the circuit court in Sangamon  In PAC opinion 14-012,19 the AG again invoked the First County struck down Public Act 98-0599 (formerly Senate Bill Amendment when she determined that the McLean County 1), which was the bill amending certain state pension benefi ts Board violated Section 2.06(g) of the Open Meetings Act when and funding requirements. The effect of the amendments it prohibited an attendee from addressing the board, who did reduced several benefi t provisions for employees of several not submit, according to adopted county rule, a written request state retirement systems. The circuit court of Sangamon County to appear before the board at least fi ve working days prior to found the Act to be unconstitutional, in violation of the Pension the meeting. According to the Attorney General, the only rules Protection Clause in Article XIII, Section 5 of the Illinois that are permitted are reasonable time, place, and manner Constitution, which states: restrictions for the purpose of maintaining order and decorum Membership in any pension or retirement system of the because the public has a statutory right to address the board, State, any unit of local government or school district, subject only to reasonable limitations necessary to further a or any agency or instrumentality thereof, shall be an signifi cant governmental interest. enforceable contractual relationship, the benefi ts of which shall not be diminished or impaired.10  The AG did side with local governments on one matter in 2014, however. In PAC opinion 14-003,20 a complainant FOIA submitted a request for review, asserting a township board MISCONDUCT COMPLAINTS; SETTLEMENT AGREEMENTS; changed the agenda published on its website for a specifi c RÉSUMÉS AND EMPLOYMENT APPLICATIONS meeting approximately 29 hours prior to that meeting in  In Kalven v. City of Chicago,11 the First District Illinois violation of Section 2.02 of the Open Meetings Act.21 The Appellate court determined that a list of police offi cers board acknowledged the change in the agenda as specifi ed in who amassed the most misconduct complaints and the fi les the complaint, but explained that a change in circumstances relating to a police department’s investigations of those required it to delay fi nal action on two items on the agenda complaints are not exempt from disclosure under Sections and to move those items under the heading of “Executive 7(1)(n), (m), or (f) of FOIA.12 The court ruled that these Session,” and no new action items were added. The PAC items were not exempt from disclosure because they are determined that the board’s amendment to the agenda did not and they do not relate to any formal legal proceeding or not violate the Act because: (1) while a public body may employee disciplinary adjudication. Some portions of those not take fi nal action on a matter unless it has been properly fi les, however, may be redacted prior to disclosure under the posted on the agenda at least 48 hours prior to a meeting, the deliberative process privilege. Act does not prohibit a public body from deleting items for consideration from a posted agenda within the posting period;  In PAC opinion 14-004,13 the AG determined that settlement and (2) although it was not required to amend the agenda, agreements  even those containing confi dentiality agreements the board’s decision to do so served to provide greater  are required to be disclosed under Section 2.20 of FOIA.14 transparency for members of the public. Private information under Section 2(c-5),15 however, may be redacted from the agreements. CONCLUSION This article obviously cannot cover all of the important cases  In PAC opinion 14-015,16 the AG determined that the Village for municipal offi cials. Please visit the Legal Section of the of Winnetka violated the requirements of FOIA by denying, IML website at legal.iml.org to view all the opinion summaries in its entirety, a FOIA request for a copy of a résumé and we supplied last year. In the Municipal Case Law area, there employment application of a village employee. Again, private are many ways that you can browse and search the summaries. information could be redacted. Or, you can run through the Legal Bulletins chronologically. If you need assistance with navigating the website, please contact OPEN MEETINGS ACT Legal Analyst, Jerry Zarley ([email protected]). PUBLIC COMMENT RULES & AGENDA ITEMS ______ In PAC opinion 14-009,17 the AG determined that the Village Footnotes 1 through 21 are available in the web index version of this article. of Lemont violated Section 2.06(g) of the Open Meetings

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 19 HB 5709 Land Valuation Waivers  Signed into Law

BY JOE SCHATTEMAN, DEPUTY LEGISLATIVE DIRECTOR, IML

House Bill 5709 was signed by Governor Quinn on August 15, a list of recommended appraisal education courses for waiver 2014. This legislation reduces the cost of obtaining right-of- valuation preparers. way or temporary easements. It allows municipal engineers and other municipal employees, with the proper qualifi cations and This legislation will be benefi cial to all taxpayers. As a cost training, to complete federal valuation waivers for right-of-way saving measure, municipalities throughout the state will or temporary easements if the value of the parcel or easement save revenue on road improvement projects. Currently, is under $10,000. This will reduce the cost of a project because municipalities need to obtain a full appraisal on all right-of-way it will no longer be required to hire a licensed appraiser to and temporary easements. For a typical temporary easement perform an appraisal on a routine occurrence. where the municipality would pay the landowner the standard $300 fee, it is costing the municipality anywhere from $1800 - On November 21, 2014, the Illinois Department of $3000 for that appraisal and a review of the appraisal. Transportation announced that an on-line, e-learning course has been developed which provides training requirements for the “This“ bill is simply going to benefi t taxpayers completion of valuation waivers. The course is now available becauseb it will reduce the cost of doing through the Department’s Learning Management System business,”b stated Representative Anthony website: www.ildottraining.org/. DeLucaD (D-Chicago Heights). Representative DelucaD played a key role in negotiating an The course consists of approximately 180 minutes of video in agreementa with the Illinois Coalition of nine modules, followed by a brief exam. Participants should AppraisalA Professionals to help achieve be able to self-enroll, take the course and the exam, and print passagep of this legislation. out the completion certifi cate upon successful completion of the exam. Senator Darin LaHood (R-Peoria), sponsor of the legislation in the Senate, stated, “I am happy to Anyone employed as a municipal engineer may become have sponsored House Bill 5709. I believe that qualifi ed to complete valuation waivers by completing the this bill will create real savings for Peoria and online course and taking the post-test at the end of the course. communities throughout the State.” All other municipal employees are subject to additional qualifi cations. Persons may qualify by completing 65 hours For more information on this issue and step-by- of course work or, if the person has two years of experience step instructions to take the course, go to http:// in a fi eld clearly related to real estate, the person may qualify events.iml.org/fi le.cfm?key=8627. by completing 45 hours of course work. IDOT has provided

20 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 IML Committee Leadership Changes IML HOME RULE ATTORNEYS COMMITTEE He has represented both home rule and non-home rule municipalities and he has been asked to speak in municipalities The IML Home Rule Attorneys Committee consists of the considering home rule referenda. He has and continues to legal counsel of home rule communities across Illinois. advise scores of municipalities, counties, park districts, The Committee was established prior to the 1970 Illinois townships, fi re protection districts, library districts and many Constitutional Convention to help municipalities achieve intergovernmental agencies. home rule authority. After that Constitution was adopted, the Stewart is the co-author of the Illinois Municipal Handbook, Committee has continued to meet monthly over the last 40 published by the Illinois Municipal League. He is also years to share information and to help identify and address the originating General Editor of the four-volume Illinois legal issues that affect Illinois. Municipal Law Series and two-volume Illinois School Law Steven D. Mahrt served as Chair of the Home Series, published by the Illinois Institute of Continuing Legal Rule Committee for 2014. Steve is a partner Education. He regularly authors articles on local government with Ancel Glink Diamond Bush DiCianni & law and is a frequent speaker at conferences. Krafthefer, P.C., serving central Illinois clients from Ancel Glink’s Bloomington offi ce. He is a IML LEGISLATIVE COMMITTEE graduate of the University of Nebraska College of Law. Current IML President and Mascoutah Mayor Gerald Daugherty served as the Legislative Prior to joining Ancel Glink, Steve served as Committee Chair during 2013-2014. He is Corporation Counsel for the Town of Normal an Air Force veteran, retiring after 26 years for over 30 years. In this role, he provided legal services with the rank of Chief Master Sergeant. His to elected and appointed offi cials concerning all aspects of Air Force career was spent in the Air Weather municipal law. Steve was involved in implementation of the Service, holding a variety of positions Town of Normal Uptown Renewal project and the creation including liaison work with the Defense of multiple mixed use tax increment fi nancing districts. Steve Mapping Agency. He was a two time recipient also provided legal support for the local bus company and the of the Air Force Commendation Medal and Central Illinois Regional Broadband Network. four time recipient of the Meritorious Service Medal. He is on the Board of Directors of the Illinois Local After retirement from the USAF, Mayor Daugherty held several Government Lawyer’s Association and is currently the Vice management positions for the American Water Works Service President of the Association. He is also a member of the Company in Belleville and also worked for the American Bank, International Municipal Lawyer’s Association, the American later Mercantile Bank, of St. Louis in accounting positions and Bar Association, the Illinois State Bar Association and the as Controller, retiring in 1999. McLean County Bar Association. Steve is a member of the Firm’s labor and employment law committee and contributes Mayor Daugherty has served on the Board of Directors of East- to the Ancel Glink blog “The Workplace Report.” Steve has West Gateway Council of Governments, and as President of the presented at the Illinois Municipal League and Illinois Tax Southwestern Illinois Council of Mayors. Increment Association on prevailing wages and is a regular contributor to the Illinois Local Government Lawyer’s The IML Legislative Committee is presently Association Journal. chaired by IML First Vice President Tom Gray. He began his service as Chair in Stewart H. Diamond was appointed as September of 2014. Committee Chair for 2015. Stewart is an Tom Gray has served on the IML Board since equity partner with the law fi rm of Ancel 2005. He has served as Village President of Glink Diamond Bush DiCianni & Krafthefer, Chatham since 2001. Prior to being elected P.C. He is a graduate of the College and Law village president, Gray served one term as a School of the University of Chicago, and did village trustee. postgraduate work at University College, Oxford University, England. Gray is the General Counsel of the Illinois Teachers’ Retirement System and a former Assistant Attorney General. Stewart has represented many local Gray also serves on the Springfi eld YMCA Board. Gray’s governmental bodies as their corporate attorney and he number one priority, construction of a new village water plant, has provided services as special counsel to municipalities was attained in 2013. He is most proud of the phenomenal throughout the state of Illinois. He has served as the Chairman population growth in Chatham (7,200 in 1990 to around 14,000 of the Local Governmental Section Council of the Illinois in 2010), which Gray attributes to the Chatham school system, State Bar Association and he has taught law at John Marshall one of top 50 high schools in Illinois. Law School and Northwestern University Law School.

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 21 Throughout the year, many organizations recognize NATIONAL LEAGUE OF CITIES  municipalities and their offi cials for outstanding WIMG LEADERSHIP AWARD PROGRAM programs and leadership in the service of their Application Due: End of September/early October. communities. In the Awards Corner, we will keep you Awards Announced: During the NLC Congress of abreast of the various award programs in which you Cities this year hosted in Nashville, TN. may wish to participate, deadlines for applications, and announcements of award winners. In this fi rst The WIMG (Women in Municipal Government ) installment, application deadlines for some programs Leadership Award recognizes female municipal are possibly too soon for you to apply for this year, offi cials for their unique and outstanding leadership in but we include them in the interest of planning ahead local government. Each year, a winner is recognized for next year. If you know of an awards program that for individual achievement in initiating a creative and other municipalities may fi nd of interest, please take a successful program in local government that helps to moment to send us the information so we may include improve a city or town’s quality of life for its citizens, it next time. (Send information to: [email protected]). particularly if the leadership serves as a specifi c mentoring model for future female leaders. UPCOMING AWARD DEADLINES

NATIONAL CIVIC LEAGUE  ALL AMERICA CITY AWARD Applications due March 10, 2015 Awards Announced June 2015 NCL Annual NATIONAL CIVIC Conference in Denver LEAGUE  www.allamericacityaward.com/about-2/ ALL AMERICA CITY AWARD The 2015 All-America City Awards will focus on vulnerable boys and young men of color. The National Civic League All America The National Civic League recognizes ten City award program was communities each year for outstanding civic founded in 1949 when accomplishments. To win, each community must a newspaper reporter demonstrate innovation, inclusiveness, civic approached the National engagement, and cross-sector collaboration by Civic League (then describing successful efforts to address pressing local known as the National challenges. More than 600 communities have won Municipal League) with the award, some as many as fi ve times. All-America the idea of naming the Cities have shown the ability to innovate in such 10 best governed cities areas as job creation, neighborhood revitalization, each year. Instead, the league created a program crime reduction, new housing for low income people, that recognized cities for civic achievements. Today improving education, and engaging youth. the award competition is open to neighborhoods, towns, cities, counties, and metropolitan regions. NATIONAL LEAGUE OF CITIES  In their applications, AAC fi nalists briefl y tell their NBC-LEO CITY CULTURAL DIVERSITY AWARDS community stories, list two of their most pressing Applications Due: January 30, 2015 challenges and three outstanding community projects. Awards Announced: March 9, 2015, during NLC Congressional City Conference in Washington DC The award program culminates in a three-day event www.nlc.org/build-skills-and-networks/networks/ where community delegations tell their stories of constituency-groups/national-black-caucus-of- successful change to a national jury of business, local-elected-offi cials/city-cultural-diversity- nonprofi t, and local government experts. All- award. America Cities benefi t by increasing community pride, networking with civic activists from across the The City Cultural Diversity Awards Program has country and gaining national recognition. The AAC been developed to showcase examples of how cities designation has helped communities win grants and achieve excellence in diversity. It also promotes the new resources and attract new employers. positive results of “a total community collaboration.” The awards are given to honor community leadership in developing creative and effective programs to improve cultural diversity.

22 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 ALL AMERICA CITY CRITERIA healing, empowerment, income inequality, and achievement, among others. CIVIC ENGAGEMENT AND COLLABORATION: Comprehensive citizen/resident engagement in decision- The National Civic League recognizes ten communities making and action planning, cross-sector collaboration each year for outstanding civic accomplishments. To win, (business, local government, nonprofi ts, military, etc.) and each community must demonstrate innovation, impact, regional collaboration. inclusiveness, civic engagement, and cross-sector collaboration by describing three successful efforts to address pressing local INCLUSIVENESS AND DIVERSITY: challenges. Applicants are asked to feature in their application Recognition and involvement of diverse segments and at least one program in which they are engaging and supporting perspectives (ethnic, racial, socio-economic, age, sexual vulnerable boys and men. Other projects may include engaging orientation, gender expression, people with disabilities, and and support of vulnerable girls and young women, and projects others) in community decision-making. that target all genders or other programs that address the unique needs of your community. INNOVATION: Creative use and leveraging of community resources. To read examples of past projects please see 2014 All-America Cities Summaries. (www.allamericacityaward.com/2014-all- IMPACT: america-cities-summaries/) The award program culminates Demonstrable signifi cant and measurable achievements in the in a three-day event where fi nalist community delegations past 5 years (for example: dollars raised, jobs created or lives tell their stories of successful change to a national jury of impacted), particularly in projects that address the community’s business, nonprofi t, and local government experts. To view past greatest challenges. presentations examples see Fort Lauderdale, Florida (https:// www.youtube.com/watch?v=cU6IGg_3Rdk&feature=you HOW TO BECOME AN ALL-AMERICA CITY tu.be) ; Eau Claire, Wisconsin (https://www.youtube.com/ watch?v=3bz0P-Fi7kQ) ; and Cedar Rapids, Iowa (https:// Communities qualify to participate in the program by fi lling www.youtube.com/watch?v=Ifl n9qq3WgE) . The All-America out a fi ve-page application. In the application, you will be City Award program has assisted communities since 1949 and asked to describe your community’s three best projects that is considered the “Nobel Prize for Constructive Citizenship.” have resulted in signifi cant local impact within the past fi ve years. Past All-America City Award applicants have highlighted The application is due March 10, 2015. The fi nalists are named projects to increase third grade reading success for at-risk in early April. The fi nalist communities are invited to bring a children, to increase health care for under-served populations, delegation of people to tell their story and compete at AAC to create new businesses and jobs, to revitalize downtowns, to 2015 in June in Denver. All applicants and others interested engage youth in identifying and planning services and facilities, in knowing more about the spotlight or AAC are also invited to promote cross-sector collaborative centers, to increase fi scal to attend the June event. The 2015 application was being sustainability, to develop emergency disaster plans, to recover fi nalized when this publication went to print. It has the same from a natural disaster, and more. Those communities selected criteria (cross-sector collaboration, community engagement, by the National Civic League screening process will send inclusiveness/diversity, innovation and impact) and will delegations to the annul three-day event where they will present follow the same written format as the 2014 application (www. their stories of positive community change to a jury of civic allamericacityaward.com/wp-content/uploads/2013/06/2014- experts. The format is ten minutes for the community to present AAC-Application-fi nal.doc) . The only change will be to and ten minutes to answer questions from the jury. the spotlighted theme. To be placed on the list to receive the 2015 application once it is available use this link (www.ncl. The 2015 All-America City Awards will focus on vulnerable org/index.php?option=com_jforms&view=form&id=2&Item boys and young men of color. id=196).

NCL takes a broad and inclusive view of vulnerable boys and All-America Cities benefi t by increasing community pride, young men and includes populations that are African American, networking with civic activists from across the country, and Latino, Native American, Asian Pacifi c Islander, economically gaining national recognition. These communities are exposed challenged, disabled, LGBTQI, religious and other at-risk or to new ideas, especially around the spotlighted topic, and under-served identities. take on these new challenges back home by bolstering current programs and creating new ones to fi ll the existing gaps.

Around the country, communities are adopting approaches The AAC designation has also helped communities win grants to help provide the opportunity for boys and young men to and new resources, and attract new employers. create a path to success and it is hoped that those programs will be used as replicable models for other communities on key issues such as education, health, access to housing, jobs, racial AWARDS CORNER CONTINUES ON PAGE 24

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 23 AWARDS CORNER CONTINUES

ABOUT THE NATIONAL CIVIC LEAGUE 32ND ANNUAL CEREMONY NCL provides unique opportunities for people to RECOGNIZES transform themselves and their communities through COMMUNITY the All-America City Awards, the Model City VOLUNTEERS Charter, the Civic Index, National Civic Review, and research into leadership and community engagement The winners of in leading local government fi scal sustainability. NCL the 32nd Annual depends on groups and individuals across the country Governor’s Hometown Awards were recognized that believe in promoting community engagement during a ceremony at the Illinois State Library in and problem solving approaches to support this Springfi eld. The awards are presented to recognize critical work. volunteers across the state for their work in improving their communities. NCL’s mission is to strengthen democracy by increasing the capacity of all of our nation’s people Edwardsville Township was selected as the 2014 to effectively and responsibly participate in and build Governor’s Cup award winner, recognizing the state’s healthy, prosperous communities across America. top community volunteer effort. The Governor’s Cup is a traveling silver trophy presented to the group whose NCL accomplishes its mission by 1) fostering and efforts are deemed most representative of the spirit of sharing promising practices of local government Illinois volunteerism. and public engagement, and 2) celebrating the progress that can be achieved when people work Edwardsville Township was honored for its Boundless together. Through strategic partnerships with local Playground. Nearly one in ten children in America is government organizations, nonprofi t organizations, disabled, making it diffi cult if not impossible to play AAC communities and others, NCL will carry out its on a traditional playground. The Junior Service Club works. NCL will fully engage those that are already of Edwardsville and Glen Carbon recognized this need part of the NCL family, particularly NCL members and built a playground all children could use. Six and the 600-plus AAC communities. hundred community volunteers donated 6,500 hours of service and $63,900 worth of materials toward the NCL’s core values are public participation and civic project. In addition, $222,500 in private funds was action, diversity and inclusiveness, greater democracy raised to complete the playground. and higher performing governments, and the nurturing of successful communities. The Governor’s Hometown Award recipients are selected by volunteer judges who review and rank NCL is a 120-year old nonpartisan, nonprofi t applications based on a variety of factors, including organization based in Denver, Colorado. Find out local need, volunteer participation, use of resources more about the National Civic League at www.ncl. and the results achieved. The projects are judged within org or by calling (303) 571 4343. their population categories as well as within their ______assigned project categories. The project categories Profi le reprinted with permission from the National Civil include services and mentorship, beautifi cation and League website sustainability, parks and recreation, memorials and monuments, and history and historic preservation. The judges then select one project from each population category to compete for the coveted Governor’s Cup.

The Illinois Department of Commerce and Economic Opportunity (DCEO) administers the Governor’s Hometown Awards Program. Each winning group receives a road sign for its community and a plaque recognizing its efforts. The Governor’s Cup winner receives the traveling trophy and a unique road sign that proclaims its status as the overall winner.

24 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 “These awards celebrate the spirit of volunteerism in Illinois,”  ROUND LAKE BEACH, CULTURAL AND CIVIC DCEO Director Adam Pollet said. “They show the connection FOUNDATION. between grass-roots activism and community improvement. The Foundation provides a variety of cultural arts programs, When people unite behind a cause, they make a huge difference enhancing community pride and civic infrastructure. in the lives of their neighbors.”

The 13 winning projects represent the work of nearly 2,500 volunteers who devoted almost 30,000 hours of their time.

GOVERNOR’S CUP WINNER

 EDWARDSVILLE TOWNSHIP, BOUNDLESS PLAYGROUND. A unique and innovative playground now allows all children to enjoy a day in the park with their families.  HUNTLEY, GREEN & CLEAN HUNTLEY DAY. More than 40 tons of recyclables were collected while residents learned about sustaining the environment.

 SILVIS, COMMUNITY GARDEN. A small community garden met the nutritional needs of its tenders and provided over a ton of fresh produce to the local food pantry.

 CHATHAM, 40TH ANNUAL SWEETCORN FESTIVAL. One of the area’s most anticipated events, this service project CUP FINALISTS provides more than $63,000 in assistance to children.  SCHAUMBURG, OLDER ADULT MARKET. Through a partnership with the Greater Chicago Food Depository, the Market provides a choice-style food pantry for seniors at no charge.

 CARLINVILLE, FEDERATED CHURCH TAKE IT TO TOWN. Eighteen local organizations had their “dream projects” completed with volunteer labor.

 MORRISON, MORRISON-ROCKWOOD RECREATIONAL TRAIL. Volunteers worked for sixteen years to create the impressive “green” passageway from the community to the Morrison-  SPRINGFIELD, ILLINOIS FARM SERVICE AGENCY Rockwood State Park. COMMUNITY GARDEN. Partnerships with numerous agriculture related businesses and  NEW LENOX, PREPARING CITIZENS FOR EMERGENCIES groups garners a harvest of nearly 17,000 pounds of produce AND DISASTERS. for the food pantry. The village was the ninth community in the U.S. to receive the designation as a “Safe Community” by the National Safety Council.

PROJECT WINNERS  LEMONT, KOPZ N KIDZ DAY. The fun-fi lled day of activities and safety education allows children and families to interact with local police and emergency service personnel.

 MOUNT VERNON, VETERANS WALL OF HONOR. A vacant hallway in the airport is turned into an educational tribute to local veterans.  MOUNT CARMEL, CHILDREN WITH DISABILITIES PLAYGROUND. A request to assist a disabled child grew into a play area that all could enjoy. ______Photos by Randy Squires.

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 25 PROFESSIONAL SERVICES DIRECTORY

ARCHITECTURAL SERVICES ENGINEERING SERVICES

ENGINEERING SERVICES

26 | ILLINOIS MUNICIPAL REVIEW | FEBRUARY 2015 PROFESSIONAL SERVICES DIRECTORY

MISCELLANEOUS SERVICES MISCELLANEOUS SERVICES

SAVE THE DATE IML Legislative Day April 29, 2015 Springfield, IL

As municipal budgets are being discussed and fi nalized, we urge you to plan ahead and include attendance at the IML Annual Conference.

FEBRUARY 2015 | ILLINOIS MUNICIPAL REVIEW | 27 Fun in Illinois!  February 2015 Festivals

DISCOVER THE EAGLES TROLLEY TOURS – FLY WITH THE EAGLES HALF MARATHON – FEBRUARY 1-25 – OGLESBY FEBRUARY 14 – MARION www.starvedrocklodge.com/activity/trolley-tours/ http://rivertoriver.net/news/?page_id=44

440TH CENTRAL IL JAZZ CHICAGO AUTO SHOW – FEBRUARY 14-22 – CCHICAGOHICAGO FFESTIVAL – FEBRUARY 1 – DEDECATURCATUR www.chicagoautoshow.com/ hhttp://juvaejazz.com/ MAPLE FESTIVAL – FEBRUARY 21-22 – CARBONDALE TINLEYTIINLEY PARKPARK GGOGOLF EXPO – FEBRUARY 6-8 – www.ton.siu.edu/events/index.html TINLEY PARK http://tinleyparkgolfexpo.com/ HOME, HEALTH & BUSINESS EXPO – FEBRUARY 28 – RICHMOND www.rsgchamber.com

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Contact us today for a free, no-obligation conversation! 217.525.1220 or on our website at www.imlrma.org. IMLRMA Big enough to deliver, but small enough to care.