Small (and big) Town Governance

Increased Scrutiny

Common Pitfalls Municipal Contracts Conflicts of Interest Property Issues FOIA & OMA Issues Employee Matters Prevailing Wage

Municipal Contracts

Municipal Contracts Public Work Projects Bidding required if over $20,000 Can waive by a 2/3 vote Must pay prevailing wage Be sure ordinance is adopted, necessary language is included in bid notice and contract! Negotiate sound contractual provisions Equipment purchases set by policy (no statutory requirements) Professional Services (engineers, architects, surveyors)

Municipal Contracts Key Provisions Insurance Damages / Liability Limits Responsibility Right to Terminate Scope of Services Compliance with laws

Municipal Contracts

Municipal Contracts www.illinois.gov/idol

Local Government Professional Services Selection Act Municipal Contracts Local Government Professional Services Selection Act

Prohibited Interests in Contracts Municipal Contracts Prohibited Interests in Contracts

Municipal Contracts Cannot have a financial interest in a contract Limited exceptions apply If no except applies, cannot continue to hold office Watch out for non-financial conflicts of interest

Property: Selling Know the limitations on how municipal property can be disposed. Notice & Bid process 65 ILCS 5/11-76-1 and 11-76-2 Sale of Surplus Property 65 ILCS 5/11-76-4.1 Depressed Counties Mixed bag approach 65 ILCS 5/11-76-4.2

Property: Annexing Know the different types of annexation Be sure all notices are sent Be sure all affidavits are completed and filed Hold public hearings on annexation agreements.

Employee Issues General Ensure good training and policies Be mindful of due process rights Consult with your attorney Unions Avoid grievances Follow the contract Nothing new (good or bad) should be implemented outside of bargaining. Be careful on the implementation of new policies

Freedom of Information Act Timely responses 5 business days Detail exemptions Include right to review language Keep copies of responses and records Diligently search for records Be mindful of communications

Open Meetings Act

Open Meetings Act Public Comment Adopt public comment rules Adopt reasonable time limits for public comment Do not discriminate

Open Meetings Act Posting Agendas Keeping Minutes Closed Sessions Continuously available Utilization of website Keeping Minutes Summary discussion Ensure timely adoption Make available Closed Sessions Stay on topic! Approve content of closed session minutes Conduct semi-annual review

Local Records Act

Local Records Act Determine Whether the Documents are Public Records Contact Your Local Field Representative Submit the Application to the Appropriate Local Record Commission The Application is Reviewed by the Local Records Commission Refer to your Records Retention Schedule to Determine whether a Document may be Destroyed Submit a Disposal Certificate with the Appropriate Local Records Commission Destroy the Record

Questions Jeffrey R. Jurgens Gregory E. Moredock Gabriel H. Neibergall Sorling Northrup Phone: (217) 544-1144 Email: jrjurgens@sorlinglaw.com