Ancel Glink attorneys each month post a new question and answer on the website. Many of these questions have been edited and collected in a pamphlet in the Ancel Glink Library: 230 Questions that have Actual Answers. Set out below are a series of recent questions and answers. Test your knowledge of questions and answers about local governmental bodies with those listed below. Many of these questions are directed to municipalities, but others specifically deal with municipalities with some questions concern legal issues in the context of other governmental bodies. Many of these answers apply to all governments in Illinois.Click here to submit a question to Ancel Glink.


Is a Mayor, when appointing officers, required to provide a resume or to allow or require that person to be questioned by the Board or Council?

Answer: Most offices in Illinois municipal governments are to be filled with appointees named by the Mayor and confirmed by the Council or Board. There are exceptions to that rule. If the legislative body creates the position of Deputy Clerk, it is the Clerk, without the need of any confirmation, who gets to appoint the Deputy Clerk or Deputy Clerks. In a statutory Manager form of government, it is the Manager [subject to confirmation] who gets to name department heads.

Officers are distinguished from positions held by employees or independent contractors. Generally, an office is a position created by a legislative act, which has some specific maximum term, and where the holder of the office is required to exercise independent judgment. Unless provided otherwise by statute, the term of an officer cannot be longer than that of the current Mayor.

A Mayor who brings forward the name of a nominee for an office is not required to provide information about that individual or to allow the Council or Board to question that person. There is obviously something of a disconnect between what the law requires and what practicality dictates. In most cases, the Mayor is perfectly happy to provide a resume of the individual appointed, and, in an unusual case, may allow a committee of the Council or even the full Council to meet and ask questions of the appointee. Sometimes, those questions can be put in writing. The person nominated cannot begin serving in the office until confirmed by the Council or Board. If there is a tie vote, in most communities, the Mayor can break the tie and cause the confirmation of the appointment. If the Council or Board fails to confirm, and there is a vacancy in the office, the Mayor can name the failed appointee or some other individual to serve temporarily in that position. A temporary appointee remains in office until someone is confirmed or the Mayor’s term ends.


Can a governmental body discuss changing auditors in closed session?

How are closed session minutes to be approved?

How does the recent change to the Open Meetings Act affect five-member boards and commissions?

Is an advisory committee to an elected official subject to the Open Meetings Act?

Is a governmental body liable for a workers' compensation claim by a volunteer who was injured while providing free services to the government?

Can a governmental body use fundraising events such as requests for contributions, bake sales and other activities in an effort to increase revenues?

Can candidates for public office rely upon the validity of documents for candidacy handed out by an election official?

Are temporary employees given collective bargaining rights?

Can a non-home rule government use omnibus voting at board meetings? What steps are necessary to implement the process?

Can a Municipality Prosecute its Own Ordinance Violations Outside the Court System?

What are the Open Meetings Act and Freedom of Information Act implications with the use of technology?

Can a secretary to a department head in a unit of local government be excluded from membership in a collective bargaining unit because the secretary would have access to confidential information about the government's bargaining position?

What is a local governmental body to do when a Developer files for bankruptcy before transferring the land promised to a governmental body or paying impact fees?

State law says that to veto an ordinance, a mayor must return it to the Board (or Council) with "written objections." Are there requirements or limitations regarding what kind of "objections" are valid to constitute a veto?

Who decides parliamentary issues?

After a board, council or commission has voted on an issue, can a member change his or her vote?

Can a Mayor replace all the Zoning Board of Appeals members?

How can a municipality collect unpaid bills?

What government has jurisdiction over land subject to an annexation agreement, but not yet annexed to the municipality?

Can a public body adjourn to closed session if the subject of the closed meeting is not on the agenda?

Can a municipality shut off water to a multi-tenant building when the landlord, or another tenant, fails to pay a water bill?

Can a municipality regulate the sale of alcoholic beverages over the Internet?

What Can a Municipality Do About the Proliferation of Non-Tax Generating Banks in Prime Retail Areas?

What must a municipality do to allow "electronic participation" in public meetings?

Can a municipality restrict political campaign signs on private property?

Must a municipality prohibit religious groups from using public facilities for meetings and announcements even though non-religious groups are permitted to do so?

May a local government body utilize video surveillance equipment to monitor the activities of its residents without first obtaining a warrant or providing notice to residents with a posted sign?

What are municipalities required to do to restructure firefighter pension boards in April 2006?

Does an arrest or conviction record bar hiring as a police officer or firefighter?

Are Local Governments Eligible For Grants From Private Foundations?

What Does the New Bankruptcy Law Mean for Municipalities?

Can an Illinois governmental body either by ordinance or referendum provide for the recall of its elected officials?

Is it important for governmental bodies to obtain completion and payment bonds for public works projects?

Can a local government ban convicted sex offenders from use of public parks?

Business Development District Sales Tax: A New Revenue Source for Municipalities

May a local government require a developer to pay the cost of review of development plans?

May a governmental body give money to a charitable or religious organization?

What is the new Illinois law regarding terms of office of elected public officials?

Are religious institutions entitled to special treatment in zoning cases?

What Must Municipal Officials Do To Comply With The New Federal and State Overtime Regulations?

What Must Municipal Officials Do To Comply With The New State Ethics Acts?

Can a special use or variance be granted only to a particular person for for a limited time?

Does charging a fee for private use of public property destroy its tax-exempt status?

Does the one-year tort statute of limitations always apply against governmental bodies?

Do fire protection district codes supercede municipal codes?

Are Courts Especially Hard On Governmental Bodies?

What Are the New Rules About Recording Closed Meetings?

What Does a Municipality Need to Know About Extending Utility Lines?

Are Courts Especially Hard On Governmental Bodies?

How Can You Achieve Flexibilty in Health Care Coverages in a Collective Bargaining Agreement?

Are political discussions subject to the Open Meetings Act?

What can be done about IMRF Overfunding?

How can a municipality regulate wireless internet service providers?

How can governments counter unionization?

Where can I find an outline of zoning and planning issues?

How are closed session Minutes taken, approved and reviewed?

Will insurance companies and governmental pools cover claims for "regulatory takings?"

Who gets to choose the municipal attorney?

How are the Open Meetings Act and FOIA impacted by municipal elections?