1. Small (and big) Town Governance

2. Increased Scrutiny

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

4. Municipal Contracts

5. 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)

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

7. Municipal Contracts

8. Municipal Contracts

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

10. Prohibited Interests in Contracts
Municipal Contracts
Prohibited Interests in Contracts

11. 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

12. Property: Selling
Know the limitations on how municipal property can be disposed.
Notice & Bid process
65 ILCS 5/ and
Sale of Surplus Property
65 ILCS 5/
Depressed Counties
Mixed bag approach
65 ILCS 5/

13. 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.

14. 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

15. 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

16. Open Meetings Act

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

18. 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

19. Local Records Act

20. 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

21. Questions
Jeffrey R. Jurgens Gregory E. Moredock Gabriel H. Neibergall Sorling Northrup Phone: (217)