Felony Forfeiture of Public Pension Benefits: A Cautionary Tale

by Brian Johnston and John Motylinski In the realm of public service, the promise of a secure retirement pension is often a significant factor in attracting and retaining dedicated professionals. However, for Illinois firefighters and police officers, this promise comes with a crucial caveat: being convicted of a felony related to one’s public service can result in pension forfeiture. This …

AI Passes the Bar?

by Joseph S. Davidson In the past year, advancements in AI technology have captured the public’s fascination. With more systems being made available to the public, AI has progressed from the imaginary to an imminent reality. However, the prospect of widespread adoption of AI technology has also triggered numerous concerns, as the technology threatens to radically alter many aspects of …

General Assembly Passes New Laws Affecting Fire Service

by John H. Kelly The Spring session of the 103rd Illinois Senate and House of Representatives wrapped up on May 27th. Much of the session focused on adopting the budget for the State of Illinois. There were several bills that were passed by the Legislature that affect the fire service in the State. The Illinois Fire Caucus asserted its presence …

Title IX Final Rule

by Maureen A. Lemon The U.S. Department of Education has recently unveiled the updated final regulations for Title IX. The Final Rule becomes effective August 1, 2024, and reinforces your school district’s obligation to safeguard against sex discrimination. Final Rule Summary. Here are 2 key takeaways: Enhanced Protections: The new regulations expand the protections against sex-based harassment while imposing new …

Appellate Court Interprets Illinois Pension Code’s Requirements for Non-Duty Disability Pension Benefits for Combined Service Firefighter

by John E. Motylinski  Ever since the Illinois General Assembly enacted provisions to allow firefighters to combine creditable service from two or more fire departments or fire districts, firefighters have used this flexibility with their pensions to seek new opportunities within the fire service for advancement and improved salary or benefits. However, as the Illinois Appellate Court recently ruled, the …

Paid Leave for All Workers Act Now Effective

by Ericka J. Thomas and Brian Johnston Illinois recently enacted a sweeping paid leave law that experts call the nation’s strongest state policy yet. The Paid Leave for All Workers Act (“PLAWA”) entitles all employees in Illinois (with limited exceptions) to accrue up to 40 hours of paid time off annually for any purpose. The Act became effective on January …

Federal Court Rules COVID Screenings Non-Compensable Work Time

by Adam Hudoba A federal district court in the Northern District of Illinois recently ruled that COVID screening activities were not compensable work time. This decision provides clarification on whether employers need to compensate for COVID screenings. In Johnson v. Amazon.com Services, LLC, Amazon’s warehouse employees’ job duties ordinarily included moving boxes, stacking packages, and loading boxes. No. 23 C …

PAC: Public Bodies May Not Approve Closed Session Minutes in Closed Session

by Michael Castaldo III It is standard practice for public bodies to keep written minutes of all their closed session meetings, along with verbatim recording. But what is the appropriate procedure once closed session minutes are created? The Illinois Attorney General’s Public Access Counselor (“PAC”) recently took up that question in a binding opinion. In that case, a Village Trustee …

New in Schools, Part II: Amendments to Student Administrative Transfer Procedures

by Maureen Anichini Lemon Public Act 103-0473 recently revised Article 13A of the School Code to allow schools to “immediately” transfer students determined to be subject to suspension or expulsion to an alternative school program. Nevertheless, students remain entitled to the same due process rights (including a hearing before the school board) that they receive prior to an expulsion. Beginning …

New in Schools, Part I: Bullying Prevention Law Changes

by Maureen Anichini Lemon The Illinois General Assembly recently made several changes to the Illinois Bullying Prevention Law. 105 ILCS 5/27-23.7. In a nutshell, the Law prohibits bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual orientation, gender-related identity or expression, unfavorable discharge from …