Park Districts
Park districts face varied and complex legal matters that extend well beyond the Park District Code and other local government statutes. Robbins Schwartz, offers deep expertise in these areas of park district operations, including public finance, real estate, land use, capital project implementation, construction disputes, state and federal regulations, legislative affairs, intergovernmental cooperation and conflict, tax objections and assessment complaints, election law, ethics compliance, public-private partnerships, tort liability, tort immunity and risk management, contracts for services, goods and equipment, personnel policies, employment contracts and employment actions, grant compliance, constitutional issues and litigation in support of all of these areas.
We also regularly apply our park district law experience, knowledge and skill to advise clients on compliance with the Park District Code, Open Meetings Act, the Freedom of Information Act, Local Records Act, and all other state and federal laws applicable to the operations of Illinois park districts. Our attorneys assist park boards and park commissioners with board meeting procedures, boardsmanship, officer issues, board voting issues, decorum and other board matters.
Board Governance
Board governance refers to the laws, rules, processes, and procedures that control how municipal and other public bodies manage and conduct their public meetings and affairs. Legally sound board governance is critical to the proper functioning of the entity.
Our attorneys devote a substantial part of their practice to advising clients on complying with state statutes and other laws applicable to board governance, such as the Open Meetings and Freedom of Information Acts.
We are intricately involved in creating policies, developing ordinances and resolutions, and developing rules and procedures for municipalities and local governmental entities. In addition, our board governance attorneys provide information and advice on fiduciary duties, liability concerns, compliance with ethics laws and regulations, and executive compensation. Further, we can respond to government agency requests and conduct internal investigations related to fraud, whistleblower complaints, and compliance violations.
Election
At Robbins Schwartz, we advise clients on all issues related to the duties and responsibilities of park districts under the Illinois Election Code and other state and federal laws and regulations concerning elections.
Our attorneys advise clients on the responsibilities of “local election officials” and address any concerns that may arise. Uncertainty and hard deadlines are the norm when local governments are required to organize electoral boards to hear challenges to the nominating papers of candidates for public office.
We are experienced in guiding clients through electoral board proceedings every step of the way, from preparing and providing notice of hearings to preparing the required written decision and through appeal, if necessary.
We regularly counsel park district board secretaries on the performance of duties as the local election official. We also have extensive experience in the process of placing public questions on the ballot. In this area, attention to the nuanced statutory requirements for ballot access and districts’ communications regarding the proposition is essential.
Real Estate
Our firm works with its municipal and public sector clients to successfully complete all varieties of real estate transactions, including leases, and easements. We provide knowledgeable and experienced support on all aspects of the real estate acquisition process, including public engagement, strategy, referenda, purchase negotiations, including appraisal disputes, incentives, three-party purchases involving public and private parties and not-for-profit holding agencies, due diligence matters including environmental assessment, zoning/entitlement procedures, complex multi-party financing arrangements, and leasing and development agreements.
Further, our firm is experienced in representing public sector clients in condemnation and eminent domain proceedings. This process can be complex, depending on the nature of the use, expectations of value and reasons for the taking. We advise our clients throughout all stages of condemnation, from working with appraisers and negotiating with property owners, to advocating for the client in litigation and advising on the public relations impact that these proceedings engender.
Commercial Transactions
Our firm works with park districts and other public sector clients to help successfully complete commercial transactions of all types. We provide sound legal counsel and practical advice in preparing documents, negotiating with all parties and using our resources in this area of practice to ensure that the Park District’s needs and interests are well protected. Even after the transaction is complete, compliance and performance issues can arise. We help anticipate problems and craft appropriate strategies for dealing with such difficulties, when they occur
Planning, Zoning and Annexations
Our firm has an in-depth knowledge of all matters related to planning, zoning, and land use laws and practices. We are often asked to assist our municipal clients through the real estate development process, including zoning hearings, annexations, planned unit developments, subdivision matters, comprehensive plans, map amendments, conditional uses, building and public safety codes, the formation of special service areas and/or “dormant” special service areas and constitutional issues arising from land use regulations. Our team is experienced in addressing issues related to Tax Increment Financing (TIF). Additionally, we have experience in addressing questions from Plan Commissions, Zoning Board of Appeals, and municipal staff relating to variances, special uses, zoning amendments and zoning ordinance regulations and have litigated many zoning related cases.
Our Firm Handles:
- Competitive Bidding
- Wage Compliance
- Contract Disputes
- Safety Violations
- Insurance Claims
- Ada-related remodeling concerns
Construction
We handle a comprehensive range of construction-related legal issues, including the bidding process, wage and labor compliance, contract disputes, safety and code violations, insurance claims, and ADA-related remodeling concerns. Our attorneys prepare scores of bid packets and Owner-A/E and construction agreements annually for park district clients and other government bodies, utilizing all different forms of project delivery methods.
We assist our clients in evaluating alternative avenues for funding construction projects. Additionally, we counsel park district clients on private use of the built environment where such private use could impact the tax- exempt status of bonds issued for land acquisition or facility construction. Our attorneys negotiate solutions to disputes between contractors, architects, construction managers, subcontractors, and owners when necessary.
Contracts
We assist governmental entities with navigating complex contract, grant, and regulatory processes, providing comprehensive support from bid solicitation to final audits, including dispute resolution and compliance. Government contracts, grants, and cooperative agreements are complicated and highly regulated areas of the law that often draw scrutiny. As a result, governmental entities typically face challenges from the public, policymakers, and regulators.
Our municipal contract practice area provides a comprehensive range of services to the government sector to ensure that they obtain successful outcomes. We handle every stage of a claim and issues that may arise from bid and project solicitation through the final audit. Further, we handle bid protests, contract claim disputes, labor and employment claims, regulatory compliance, and service contracts.
We provide sound legal counsel and practical advice in preparing documents, negotiating with all parties, and using our resources in this area of practice to ensure that the Park District’s needs and interests are well protected. Compliance and performance issues, including warranty claims, can arise even after the transaction is complete. We help anticipate problems and craft appropriate strategies for dealing with such difficulties when they occur.
Public Finance
We provide guidance to park officials on budget, taxation (levy), finance and public finance compliance issues, including specific advice regarding the preparation of budget and appropriation ordinances, levy ordinances, Truth in Taxation procedures, interfund transfers, use of special fund assets including tort immunity fund and special recreation levy, fiscal strategies, official statements, bond ordinances and transcript documents, post-issuance disclosures, and referendum rules and requirements.
We assist clients with avoiding missteps in the levy and budget process, including failure to publish hearing notice, failure to conduct a hearing, errors in the hearing process, failure to adopt or file the ordinance on time, errors in fund balances, levy amounts, percentage of increase over prior year’s levy, failure to determine the proper amount of the prior year’s extension, failure to provide sufficient detail in the ordinance, provision of too much detail, and failure to direct the clerk on how to allocate levy capacity across funds when total levy exceeds the PTELL cap.
Labor & Employment
We help clients address complex labor and employment issues, from negotiating executive contracts to managing employee discipline, misconduct, and dismissals, while providing legal representation in hearings and court.
Our attorneys defend governmental bodies before the Illinois Human Rights Commission, the Equal Employment Opportunity Commission, and in the state and federal courts when employees have asserted various forms of discrimination as the reason for adverse employment actions.
We provide a full range of services throughout every stage of administrative proceedings: pre-hearing conference, trial preparation, hearing, administrative review, and appeals. Our attorneys also have extensive experience before administrative agencies such as the Illinois Department of Financial and Professional Regulation and the Illinois Department of Employment Security.
We frequently draft and update personnel policies and handbooks dealing with statutory mandates contained in laws such as the Fair Labor Standards Act, Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the recent Cook County Paid Leave for All Ordinance. We counsel our clients on compliance with state and federal laws relating to employee leave under the ADA, FMLA, and other statutes providing for overlapping leave rights and all other personnel-related legal compliance matters.
Investigations
At Robbins Schwartz, we provide expert legal guidance and conduct thorough inquiries into allegations of misconduct, policy violations, or other issues relating to park districts. We ensure that the investigation process complies with applicable laws, including public sector regulations and labor laws, while maintaining transparency and fairness. We assist park districts in navigating sensitive issues such as employee misconduct, harassment, or public safety concerns, providing strategic advice on how to handle investigations, protect the rights of all parties involved, and minimize legal risks. Additionally, we offer support in documenting findings and taking appropriate corrective actions based on the investigation outcomes.
Environmental
We offer a full range of legal services to help our park district clients navigate complex state and federal environmental laws, and the interplay of these laws with local municipal ordinances designed to protect public health and the environment.
We work with park district clients on satisfying the “all appropriate inquiry” standard and achieving “innocent purchaser” status to minimize or eliminate exposure to cleanup liability when acquiring land. Additionally, we advise clients concerning environmental compliance on owned properties, including removal of underground storage tanks, asbestos removal/remediation, and other potential environmental liabilities on land and in buildings.
Litigation
We represent clients in state and federal litigation, securing judgments for construction defects, defending public entities under Tort Immunity Act protections, and providing continuity of representation through partnerships with insurers and TPAs.
We have successfully represented clients’ owners in litigation over defective design and/or construction of buildings and their components, recovering substantial money judgments and injunctive relief from architects, engineers, and contractors. Where commercial expectations are unfulfilled, we are prepared to recover damages and secure injunctive relief for the client.
Necessarily, defense of state law tort claims against the public entities we represent often involves invoking protections against liability pursuant to various sections of the Local Government and Governmental Employees Tort Immunity Act. Armed with a sound command of the defenses and protections available under the Act, our attorneys have helped clients obtain pretrial dismissals of actions or summary judgment based on absolute immunity for policymaking and discretionary acts under Sections 2-109 and 2-201.
Our firm works with a number of risk pools and TPAs and is on the “approved” list of legal counsel for many legal liability insurance carriers. As a result, our clients are generally assured of continuity of representation if they are named in lawsuits for which their coverage entitles them to a legal defense.
Civil Rights
Our attorneys in our Civil Rights Litigation Defense practice area provide an extraordinary level of skill and professional knowledge in the field of municipal civil rights litigation defense. We believe that it is our responsibility to advocate and represent the interests of those accused of civil rights violations. Our firm represents municipal, county, and state-level entities in civil rights defense cases, including those involving police liability claims, discrimination suits, sexual harassment claims, and voting rights.
Civil rights defense is a complex area that incorporates various law and public policy areas. Our attorneys have extensive experience in civil rights, constitutional law, and law enforcement procedures. This knowledge allows our attorneys to advise public municipal agencies on training, policy development, and strategic risk management.
Our attorneys use their understanding of the current political and social climates, legal landscape, and public policy concerns to develop legally sound and compelling defenses.
