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
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)
Court considers definition of “act of duty” for purposes of disabled police officer’s pension claim
   Legal Insights for Pension Boards (Fall 2008)

Americans with Disabilities Act (ADA)
ADA Amendments Act expands disability coverage
   Legal Insights for Local Governments (Winter 2009)
ADA Amendments Act expands disability coverage
   Legal Insights for School Districts (Winter 2009)
ADA Amendments Act expands disability coverage
   Legal Insights for Fire Protection Districts (Winter 2009)

Calculation of Pension Benefits
Teacher pension dispute proves instructive to police and fire pension board policy disputes
   Legal Insights for Pension Boards (Winter 2010)

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
Court finds mandatory bargaining required on promotion law provision since 2003
   Legal Insights for Fire Protection Districts (Summer 2007)

Consolidated Omnibus Budget Reconciliation Act (COBRA)
Stimulus package changes to COBRA premiums
   Legal Insights for School Districts (Spring 2009)

Creditable Service
Veterans in the fire service now entitled to an opportunity to receive additional creditable service time for military service
   Legal Insights for Pension Boards (Fall 2009)

Definition of “firefighter”
When is a firefighter not a firefighter for pension purposes?
   Legal Insights for Pension Boards (Fall 2009)

Department of Labor Advisory Opinion
DOL issues advisory opinion regarding fiduciary rules and union activity
   Legal Insights for Pension Boards (Fall 2008)

Disability Pension Benefits
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)
Appellate court allows pension board to revisit erroneous increase in benefits
   Legal Insights for Pension Boards (Fall 2008)
Court clarifies light duty interplay with receipt of pension benefits
   Legal Insights for Pension Boards (Spring 2009)

Discrimination
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
IHSA to conduct student-athlete drug testing
   Legal Insights for School Districts (Fall 2008)

Due Process
Seventh Circuit rules the Administrative Review Act provides sufficient due process for village employee
   Legal Insights for Local Governments (Spring 2009)
What is due process?
   Legal Insights for Local Governments (Fall 2009)

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

Employees
School employee dismissals: A Primer
   Legal Insights for School Districts (Winter 2008)

Fair Labor Standards Act (FLSA)
Section 207(k) status of paramedics under FLSA remains unclear despite new test
   Legal Insights for Fire Protection Districts (Winter 2007)

Family Medical Leave Act (FMLA)
Seventh Circuit rules on FMLA leave for substance abuse treatment
   Legal Insights for School Districts (Spring 2008)
New employee leave available to family members of Armed Forces’ members
   Legal Insights for School Districts (Fall 2008)
Seventh Circuit rules on FMLA leave for substance abuse treatment
   Legal Insights for Local Governments (Fall 2008)
The U.S. Department of Labor issues final FMLA rules
   Legal Insights for School Districts (Winter 2009)
The U.S. Department of Labor issues final FMLA rules
   Legal Insights for Local Governments (Winter 2009)
The U.S. Department of Labor issues final FMLA rules
   Legal Insights for Fire Protection Districts (Winter 2009)
Ill-advised comments open door for potential FMLA retaliation claims
   Legal Insights for School Districts (Spring 2009)

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 Station Liability
Children at the firehouse: Legal concerns
   Legal Insights for Fire Protection Districts (Winter 2009)

First Amendment
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)

Foreign Fire Insurance Boards (FFIBs)
Foreign fire insurance boards - Public Act 96-0505
   Legal Insights for Fire Protection Districts (Fall 2009)

Freedom of Information Act (FOIA)
Are local governmental entities required to disclose employee e-mails under the Freedom of Information Act?
   Legal Insights for Local Governments (Spring 2008)
Illinois Supreme Court narrows FOIA exceptions
   Legal Insights for Local Governments (Fall 2009)
Illinois Supreme Court narrows FOIA exceptions
   Legal Insights for School Districts (Fall 2009)
Freedom of Information Act Reform
   Legal Insights for School Districts (Fall 2009)
Freedom of Information Act Reform
   Legal Insights for Fire Protection Districts (Fall 2009)

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
Court finds commission is without jurisdiction to hear a disciplinary charge
   Legal Insights for Fire Protection Districts (Winter 2007)

Illinois School Students Records Act (ISSRA)
Student markings on test papers constitute student records under the ISSRA
   Legal Insights for School Districts (Spring 2009)

Insurance
Seventh Circuit denies insurance coverage for defending underfunding lawsuit
   Legal Insights for Pension Boards (Summer 2008)

Maintenance of Public Roads
A vexing boundary issue: bridge maintenance
   Legal Insights for Local Governments (Spring 2009)

Mandatory Retirement
Mandatory retirement age adversely affects Chicago police officer's retirement pension
   Legal Insights for Pension Boards (Summer 2008)

Medical Records
Guidelines for releasing protected medical records
   Legal Insights for Fire Protection Districts (Summer 2009)

Mental Disability Pension
Court provides guidance on adjudicating mental disability pension claims involving firefighters
   Legal Insights for Fire Protection Districts (Winter 2007)
Court provides guidance on adjudicating mental disability pension claims involving firefighters
   Legal Insights for Pension Boards (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)

Mobile Home Park Act
Mobile home park water and hydrant adequacy
   Legal Insights for Fire Protection Districts (Summer 2009)

Municipal Bankruptcy
When the money runs out: Is municipal bankruptcy an option?
   Legal Insights for Local Governments (Fall 2009)

Municipal Compliance Report (Tax Levy Report)
Pension Reform Law expands required annual tax levy report
   Legal Insights for Pension Boards (Spring 2009)
Pension Reform Law expands required annual tax levy report
   Legal Insights for Local Governments (Spring 2009)

Municipal Public Question Resolutions
Municipalities begin adopting public questions resolutions
   Legal Insights for Pension Boards (Winter 2010)

New Legislation
New laws of interest to local governments in Illinois
   Legal Insights for Local Governments (Winter 2007/2008)
Recent legislation affecting fire protection districts
   Legal Insights for Fire Protection Districts (Winter 2008)
New legislation deters outsourcing by school districts
   Legal Insights for School Districts (Spring 2008)
Have a HEART – enhanced benefits for employees called to military service
   Legal Insights for Pension Boards (Fall 2008)
New laws and amendments to current laws of interest to Illinois fire protection districts
   Legal Insights for Fire Protection Districts (Fall 2008)

Open Meetings Act (OMA)
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)
Recent decision muddies the water concerning the protection of closed session tapes
   Legal Insights for Local Governments (Fall 2008)
Public bodies are not required to place closed session on agenda: Court clarifies the prerequisites for closing public meetings
   Legal Insights for School Districts (Winter 2009)
Court clarifies the prerequisites for closing public meetings
   Legal Insights for Local Governments (Winter 2009)

Pension Benefit Errors
Court rules treasurer must make payments ordered by pension board
   Legal Insights for Pension Boards (Fall 2009)
Court limits police pension board’s ability to recalculate pension payments
   Legal Insights for Pension Boards (Fall 2009)

Pension Code
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
Recent attempts to limit pension fund investments and new bank certification requirements
   Legal Insights for Pension Boards (Winter 2008)

Pension Fund TrusteeTraining Requirements
New training requirements for pension fund trustees
   Legal Insights for Fire Protection Districts (Fall 2009)

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)

Prejudgment Interest
Illinois Supreme Court rules that pension funds are not liable for prejudgment interest
   Legal Insights for Pension Boards (Winter 2010)

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)

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

Public Employee Disability Act (PEDA)
Court issues ruling on PEDA and PSEBA benefits
   Legal Insights for Fire Protection Districts (Fall 2008)

Public Office
Advisory for prospective candidates for elected offices
   Legal Insights for Local Governments (Fall 2007)

Public Officers Prohibited Activities Act
Legislation loosens prohibited interest in not-for-profit organizations’ contracts
   Legal Insights for Local Governments (Winter 2010)

Public Safety Employees Benefits Act (PSEBA)
Court issues ruling on PEDA and PSEBA benefits
   Legal Insights for Fire Protection Districts (Fall 2008)

Red Flag Rules
Federal Trade Commission “Red Flag Rules” to be implemented August 1, 2009
   Legal Insights for Fire Protection Districts (Summer 2009)

Sexual Harassment
Illinois federal court addresses sexual harassment of female firefighter
   Legal Insights for Fire Protection Districts (Winter 2008)
Illinois Supreme Court comes down hard on employer’s sexual harassment liability
   Legal Insights for Local Governments (Winter 2010)

Special Education
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)
Court prohibits audio-taping special education classrooms
   Legal Insights for School Districts (Winter 2010)
Recent legislation grants broad school access rights to parents and experts
   Legal Insights for School Districts (Winter 2010)

Student Searches
U.S. Supreme Court rules on student searches and the Fourth Amendment
   Legal Insights for School Districts (Fall 2009)

Students with Food Allergies
Federal law protects students with food allergies
   Legal Insights for School Districts (Fall 2008)

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

Surviving Spouses
Illinois Supreme Court determines Illinois Pension Code does not provide for annual increases to surviving spouses
   Legal Insights for Pension Boards (Spring 2009)

Tax Levy
Unsubstantiated opinions are insufficient to convince court that levy is proper
   Legal Insights for Local Governments (Spring 2008)
Illinois Supreme Court invalidates special purpose levies under PTELL
   Legal Insights for School Districts (Winter 2010)

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

Termination of Pension Benefits
Court rules pension board should have held pre-deprivation hearing
   Legal Insights for Pension Boards (Winter 2010)

Thwarting
Thwarting: When local governments cease to co-exist in harmony
   Legal Insights for Local Governments (Winter 2010)

Tort Immunity
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)
Tort exemption for municipalities limited by appellate court
   Legal Insights for Local Governments (Fall 2008)
As the world turns and courts rule … A change in court opinions on EMT immunity
   Legal Insights for Fire Protection Districts (Fall 2008)