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Cable / Video Ordinance Package
The Illinois Municipal League is providing updated ordinances for the implementation of Public Act 095-0009 which includes the 2007 Cable and Video Competition Law and Cable and Video Customer Protection Law. There are three ordinances in this package for your use in preparing for the future. Those communities that will have additional cable/video providers that are the holder of state authorization by the Illinois Commerce Commission are those who need to consider these ordinances.
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LITIGATION UPDATE
ELECTIONS
The petitioner was not eligible to run for municipal office because, at the time that he filed his nomination papers, because he was in arrears of a debt that he owed to the municipality. Cinkus v. Village of Stickney Municipal Officers Electoral Bd, Illinois Supreme Court No. 104471 (March 20, 2008); modified April 23, 2008.
FOURTH AMENDMENT
Police did not violate the Fourth Amendment when they arrested the respondent for driving on a suspended license, even though the arrest was prohibited by State law. When they subsequently performed a warrantless search incident to the arrest, the Fourth Amendment was also not violated because the search was reasonable, based on probable cause, and did not go beyond constitutional constraints. Virginia v. Moore, U.S. Supreme Court No. 06-1082 (April 23, 2008).
GOVERNMENTAL IMMUNITY
Local governments are not immune under Section 2-109 of the Tort Immunity Act from lawsuits alleging retaliatory discharge for the filing of a workers’ compensation claim because Section 2-109 provides immunity only for the actions of employees. Smith v. Waukegan Park District, Illinois Supreme Court No. 104960 (April 17, 2008).
MUNICIPAL OFFICIALS - OFFICIAL MISCONDUCT
A mayor’s indictment for official misconduct for using the city’s credit card for personal use, even though he reimbursed the city, was sufficient because a violation of the Illinois Constitution can serve as a predicate unlawful act for purposes of the official misconduct statute. People v. Howard, Illinois Supreme Court No. 104553 (April 17, 2008).
PENSIONS
A disabled, former correctional officer sought a declaratory judgment that the sheriff’s department was obligated to pay health-insurance premiums under the Public Safety Employee Benefits Act. The fact that the former officer became subsequently employed did not entitle the sheriff's department to a summary judgment because the statute does not require that the disability be permanent. Phalin v. McHenry County Sheriff’s Department, Second District No. 2-07-0569 (March 28, 2008).
OTHER LITIGATION UPDATES
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