Article Index : Ottosen, Britz, Kelly, Cooper & Gilbert - Illinois Law Firm Representing Municipalities

OBKC&G - Ottosen, Britz, Kelly Cooper and Gilbert, LTD - Attorneys at Law Illinois

Offices

Naperville Office
1804 North Naper Blvd.
Suite 350
Naperville, Illinois 60563
Telephone: 630-682-0085
Fax: 630-682-0788
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Elburn Office
303 N. Main Street
Elburn, Illinois 60119
Telephone: 630-365-6441
Fax: 630-365-6451
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Mokena Office

9990 West 190th Street
Suite A
Mokena, Illinois 60448
Telephone: 708-478-4600
Fax: 708-478-6106
Map >

Woodstock Office
666 Russel Court, Suite 212
Woodstock, Illinois 60098
Telephone: 815-338-8011
Fax: 815-338-8013
Map >

Article Index : Ottosen, Britz, Kelly, Cooper & Gilbert - Illinois Law Firm Representing Municipalities

Article Index

#-A-E F-J K-O P-T U-Z

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)

Administrative Review Law

Non-compliance with Administrative Review Law leads to dismissal of pension appeal
Legal Insights for Pension Boards (Spring 2010)

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 Applications

Causation continues to complicate duty-related disability pension applications
Legal Insights for Pension Boards (Spring 2010)

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)

Lessons from two reverse discrimination decisions
Legal Insights for Fire Protection Districts (Spring 2010)

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)

Due process
Legal Insights for Local Governments (Spring 2010)

Eligibility Lists

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

Employee Termination

Court confirms termination for unexcused absences
Legal Insights for Fire Protection Districts (Winter 2010)

Employees

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

F-J #-A-E F-J K-O P-T U-Z

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 Education Rights and Privacy Act (FERPA)

FERPA: Recent decisions
Legal Insights for School Districts (Spring 2010)

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 School Districts (Fall 2009)

Freedom of Information Act Reform
Legal Insights for School Districts (Fall 2009)

Illinois Supreme Court narrows FOIA exceptions
Legal Insights for Local Governments (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 Identity Protection Act (IIPA)

Introducing the Illinois Identity Protection Act
Legal Insights for Fire Protection Districts (Spring 2010)

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)

K-O #-A-E F-J K-O P-T U-Z

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 Pension Boards (Winter 2007)

Court provides guidance on adjudicating mental disability pension claims involving firefighters
Legal Insights for Fire Protection Districts (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)

New laws and amendments to current laws of interest to Illinois fire protection districts
Legal Insights for Fire Protection Districts (Fall 2008)

Have a HEART – enhanced benefits for employees called to military service
Legal Insights for Pension Boards (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)

Court clarifies the prerequisites for closing public meetings
Legal Insights for Local Governments (Winter 2009)

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)

Second District finds no violation of Open Meetings Act for Village
Legal Insights for Local Governments (Spring 2010)

P-T #-A-E F-J K-O P-T U-Z

Patient Protection and Affordable Care Act of 2010 (PPACA)

Nursing mothers in the workplace: The legalities
Legal Insights for Fire Protection Districts (Spring 2010)

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 Board Impartiality

Pension board members must maintain their impartiality
Legal Insights for Pension Boards (Spring 2010)

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)

Performance Evaluation Reform Act of 2010

General Assembly passes Performance Evaluation Reform Act of 2010
Legal Insights for School Districts (Spring 2010)

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 Employee Benefits Act (PSEBA)

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

Clear as mud: May firefighters obtain PSEBA benefits for training injuries?
Legal Insights for Fire Protection Districts (Winter 2010)

Red Flag Rules

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

School District Liability

School district is not liable for former teacher’s post-employment sexual abuse
Legal Insights for School Districts (Spring 2010)

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)

Recent legislation grants broad school access rights to parents and experts
Legal Insights for School Districts (Winter 2010)

Court prohibits audio-taping special education classrooms
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)

As the world turns and courts rule … A change in court opinions on EMT immunity
Legal Insights for Fire Protection Districts (Fall 2008)

Tort exemption for municipalities limited by appellate court
Legal Insights for Local Governments (Fall 2008)

Revisiting the Public Duty Rule
Legal Insights for Fire Protection Districts (Winter 2010)

Revisiting the Public Duty Rule
Legal Insights for Local Governments (Spring 2010)

U-Z #-A-E F-J K-O P-T U-Z

Zoning Process

Due process
Legal Insights for Local Governments (Spring 2010)