Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • Illinois Supreme Court Rules IHSA Not Subject to FOIA

    A couple of months ago, we reported that the Illinois Supreme Court was hearing oral arguments in the appeal by the Better Government Association (BGA) of a court decision that ruled against the BGA in a FOIA case. Specifically, the BGA had argued that the Illinois High School Association was a "public body" subject to FOIA. The circuit and appellate courts disagreed, finding that the IHSA was not...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • PAC Finds 3 Websites Are Not “News Media” Under FOIA

    We reported last week on an advisory opinion from the Public Access Counselor of the Attorney General (PAC) that found a local blog to be a member of the “news media’ under FOIA.  A reader of this blog forwarded two other recent advisory opinions where the PAC found websites were not be members of the “news media." We wanted to share these advisory opinions because they further guidance to public ...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • Avoiding Legal Pitfalls in Hiring Interns

    From Ancel Glink’s sister blog, The Workplace Report:  School is Out, Interns are In School’s out for the summer, which means one thing for employers: it’s time to hire interns. What’s not to love about interns? Employers get students who are eager to prove themselves to work for free. All of the tedious tasks that no one wants to do can be dumped onto an intern. There is, however, one thing not t...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • How FOIA Treats News Media Differently

    Yesterday, we reported on a PAC (Public Access Counselor) advisory opinion that determined that a local blog fell within the definition of "news media" under FOIA based on various factors applied by the PAC in the opinion. We mentioned yesterday that this designation is important to public bodies, because FOIA treats "news media" differently in a number of respects. Here are a few examples: 1.  Re...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • PAC Finds Local Blog is a Member of the “News Media” Under FOIA

    In another recent advisory opinion, the Public Access Counselor of the Illinois Attorney General's office (PAC) addressed the definition of “news media” under Section 2(f) of the Illinois Freedom of Information Act and whether it applied to a local blog. In 2017 PAC 46249, a local blog was designated as a "recurrent requester" by a public body for submitting numerous FOIA requests. The blog appeal...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • Officers Challenge Police Department Ban on Tattoos

    In 2015, the Chicago Police Department issued an order requiring all police officers on duty or otherwise "representing" the police department to cover all tattoos, either with clothing or cover-up tape. The department's stated rationale was to "promote uniformity and professionalism."  Shortly after the order was issued, three officers sued the City, claiming that the department's order violated ...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • City Residency Requirement for Public Safety Employees Does Not Violate Due Process

    Milwaukee's City Charter previously required all city employees to live within city limits. But, in 2013, the Wisconsin state legislature passed a law prohibiting local governments from imposing residency requirements as a condition to employment. The statute contains an exception that allows local governments to require law enforcement, fire, and emergency personnel to live within 15 miles of the...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Revocation of Fraternity Status Results in Zoning Code Violation

    In 2015, Dartmouth College in Hanover, New Hampshire revoked the "student organization" status of Alpha Delta, a fraternity most famous for having inspired the hit comedy film “Animal House,” after finding that at least 11 new pledge brothers’ buttocks were branded with the Alpha Delta Greek letters.  Shortly after its student organization status was revoked by the College, the Town notified the f...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • PAC Finds in Favor of Library Board on OMA Complaint

    One of our blog readers forwarded a copy of a recent advisory opinion issued by the Public Access Counselor of the Illinois Attorney General's office (PAC) ruling in favor of a public body. Specifically, the PAC found that a library board’s agenda item "sufficiently described" the general subject matter of the item being presented for approval to the board, in compliance with the Open Meetings Act...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Hotel Tax Not Apply to Online Travel Company Fees

    An Illinois appellate court recently ruled against the City of Chicago in its lawsuit against Expedia, Hotels.com, Hotwire, and other online travel search companies regarding collection of the City's hotel tax. City of Chicago v. Expedia, et al., 2017 IL App (1st) 153402. In 1973, the City of Chicago adopted an ordinance requiring all owners, managers, or operators of hotel accommodations to colle...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Indiana Gov. Vetoes "Search Fee" for Public Records Requests

    We write a lot about public records laws on this blog because the Illinois Freedom of Information Act affects so many aspects of government business and communications. Although not applicable to Illinois, it is interesting to see what our "neighbors" are doing in connection with their own state public records laws.  Recently, the Indiana state legislature passed a bill that would allow units of l...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • PAC Says Public Body Must Respond to FOIA

    The Public Access Counselor of the Illinois Attorney General's office issued its second opinion for 2017 last week. PAC Op. 2017-002.  This opinion involved a FOIA request filed by a reporter seeking a copy of a police report of a police pursuit. The public body did not respond to the request, and the reporter filed a request for review. The public body's FOIA officer told the PAC that she had for...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • ABA Journal Article on Public Employee Use of Social Media

    The ABA Journal, published by the American Bar Association, recently posted an article on its website about government workers' use of social media. The article is entitled "Public Employees, Private Speech: 1st Amendment Doesn't Always Protect Government Workers," and is authored by David L. Hudson, Jr.  The article offers some guidance to government employers in disciplining their employees for ...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Court Upholds County Regulation of Employee Social Media Activities

    From our sister blog, The Workplace Report with Ancel Glink: Employer May Regulate Employee Social Media Conduct In one of the first cases of its kind in Illinois, the state appellate court found that a Cook County Sheriff’s order regulating employee conduct on social media platforms was not subject to bargaining. International Brotherhood of Teamsters v. Illinois Labor Relations Board, 2017 IL Ap...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • FOIA Fee Waiver is Discretionary

    We have mentioned in the past that the Public Access Counselor's advisory (non-binding) opinions often offer public bodies and members of the public more insight on FOIA and OMA than the PAC's binding opinions. For example, the PAC recently issued an advisory opinion on how the fee waiver provision of FOIA is to be interpreted. 2017 PAC 47258. A reporter for ABC7 News had filed a FOIA request seek...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • APA National Conference in NYC

    For those of you who are planning to attend the 2017 American Planning Association (APA) National Planning Conference in NYC from May 4th to 9th, please stop by to say hi to Ancel Glink attorneys David Silverman and Dan Bolin who will be speaking at the following sessions: Sunday, May 7, 9:30 a.m. - 11 a.m.  Ordinances: Best Practices to Follow, Pitfalls to AvoidDavid Silverman is participating in...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Court Addresses Ban on Citizen Contact with Government Officials

    A federal court recently decided an interesting case which could have occurred in any governmental body in the United States.  The case was decided by the Third Circuit Court of Appeals and is called Mirabella v. Villard.   The Mirabella family petitioned their local township government for assistance in a dispute with neighbors and threatened to sue the government. The dispute revolved around a w...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Tattoo Artist Alleged Sufficient First Amendment Claim

    A tattoo artist, James Real, wanted to open a parlor in Long Beach, California.  However, Long Beach’s zoning ordinance restricted the location of tattoo parlors and required a conditional use permit. Real sued the City arguing that its zoning laws restricted his First Amendment rights.  The district court ruled in favor of the City and Real appealed.   On appeal, the Ninth Circuit Court of Appeal...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Illinois House Introduces "Airline Passenger Protection Act"

    Yesterday, Illinois HB 4034 was introduced. If enacted, it would create the Airline Passenger Protection Act, which would prohibit any state or municipal employee or contractor from involuntarily removing a ticketed passenger from an aircraft by force unless the following exists: 1. The passenger has committed a breach of the peace;2. The passenger presents a danger to himself or herself or others...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Court Ok's Prayer at School Board Meetings

    A federal court of appeals recently held that student read invocations at school board meetings are allowed under a very limited exception to the Establishment Clause called the legislative prayer exception.  American Humanist Association v. Birdville Independent School District (5th Cir. Mar. 20, 2017). From 1997 to 2015, the Birdville Independent School District (BISD) has allowed elementary or...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Surveillance of Employee Facebook Activities

    From Ancel Glink's sister blog, The Workplace Report: NLRB: Facebook and Surveillance, and Concerted Activities, Oh My!  In a recent decision from the National Labor Relations Board, an administrative law judge addressed whether a laid-off employee’s Facebook photos and comments, which were critical of her employer’s pay and workplace condition policies, could be used in the employer’s decision n...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Verification of Official Government Social Media Pages

    I just returned from the third annual Government Social Media Conference (#GSMCON2017), where government officials and employees from across the country discuss new strategies for engaging their citizens and constituents. There were so many great sessions and I was pleased to participate in a session on legal issues with government use of social media. Some of the discussion at that session center...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Installation of New Municipal Elected Officials

    Every two years, we receive a lot of questions about when newly elected municipal officials (city council and village board) take office. There is a statute that governs this, and it provides as follows:   (65 ILCS 5/3.1-10-15)     Sec. 3.1-10-15. Commencement of terms. The terms of elected municipal officers shall commence at the first regular or special meeting of the corporate authorities afte...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Court Rules that 7(1)(a) FOIA Exemption Does Not Apply to Municipal Ordinances

    A recent Illinois Appellate Court case found that municipal ordinances are not considered “state law” under Section 7(1)(a) of FOIA.  InCity of Chicago v. Janssen Pharmaceuticals, Inc., 2017 IL App (1st) 150870 (March 31, 2017), the City of Chicago sent a subpoena to Janssen to obtain documents relating to a false claims investigation regarding Janssen’s marking of opioids.  Janssen did not comply...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • 2017 Newly Elected Officials Handbook Available

    Every two years, Ancel Glink publishes a Handbook for Newly Elected Officials to coincide with the election of many Illinois local government officials (which happens in odd years). We just released our 2017 edition of this Handbook, which you can download for free from Ancel Glink's website in the Resource Center.  This Handbook provides timely and timeless information about a number of topics of...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Appellate Court Grants Group another Shot to Challenge Gun Shop Zoning Approvals

    Last week, an Illinois appellate court held that “People for a Safer Society” (“PFSS”) will be allowed another opportunity to file an amended complaint to establish the group’s standing to challenge the Village of Niles’ approval of a special use permit for “Howard Venture,” a business with firearm sales, an indoor firing range, and firearms safety training. After the Village approved Howard Ventu...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Illinois Supreme Court to Hear Appeal of Bike Path Tort Immunity Case

    The Illinois Supreme Court has granted the Chicago Park District's petition for leave to appeal in a case that may have significant implications for units of local government that maintain bike paths.  In Cohen v. Chicago Park District, 2016 Il App (1st) 152889, the plaintiff was riding his bike on the Lakefront Trail near the Shedd Aquarium when his wheel became caught in a crack in the concrete...

Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • 7th Circuit Extends Title VII Prohibition on Sex Discrimination to Sexual Orientation

    Yesterday, the Seventh Circuit Court of Appeals (the federal circuit court covering Illinois, among other states) ruled that the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation. Hively v. Ivy Tech Community College of Indiana (7th Cir. April 4, 2017). The case involved a lawsuit filed by Kimberly Hively against her employer, Ivy Tech Community College. Hively was a pa...

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