Municipalities
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, 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.
Our team 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 Village in litigation and advising the Village on the public relations impact that these proceedings engender.
Construction
We handle a wide range of building construction legal issues, from competitive bidding and wage compliance to contract disputes, safety 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.
Contract
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.
Ordinances
Our attorneys are experts at developing and drafting policies, ordinances, resolutions, agreements, contracts, and various other municipal documents that are clear and understandable, match the client’s culture, and keep the municipality in compliance with the law.
We are often asked to advise our local government clients regarding 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.
Risk Management
Our firm provides comprehensive risk management for public sector clients, educating and advising them on legal duties, immunities, and strategies to minimize risk and defend against unresolved claims.
We recognize that our public sector clients face a wide array of risks related to property ownership, employment, and recreational programs, and in their interactions with the local community. We take a comprehensive approach to risk management by educating and regularly updating our clients on legal duties and immunities related to their operations. Our attorneys take an active role in the process of assessing and minimizing risk, and by providing our clients with the knowledge and resources to vigorously defend against claims that cannot be resolved amicably.
Commercial Transaction
Our firm works with villages 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 Village’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.
Business Regulations
We assist our municipal clients in preparing and updating “conduct” ordinances and advising staff and elected officials on the enforcement of ordinance violations. Our range of representation includes administrative adjudication and judicial enforcement proceedings for code violations. Additionally, we advise our municipal clients on liquor licensing and related issues associated with events where liquor is served. We have served as both counsel for local liquor commissioners, as well as prosecutors initiating suspension/revocation charges on behalf of local police departments.
Investigations
We guide municipalities through investigations regarding allegations of misconduct, employee violations, or other issues, conducting thorough and impartial inquiries. Our attorneys counsel clients in maintaining proper procedures, protecting due process, and minimizing legal risks. Whether handling investigations related to employee misconduct, harassment claims, or government-related matters, Robbins Schwartz offers strategic advice, manages the investigation process, and ensures the integrity of the findings while safeguarding the interests of the municipality.
Violations We Prosecute Include:
- moving violations
- parking enforcement
- liquor code violations
- building code violations
- health code violations
- noise violations
Prosecutions
We assist municipalities prepare cases, gather evidence, and present strong arguments in court or administrative hearings. Additionally, we provide strategic advice on mitigating legal risks, ensuring compliance with relevant laws, and managing public relations in the event of a prosecution. Our goal is to protect the interests of the Village while achieving favorable outcomes in legal matters.
Illinois government entities maintain the power to enact ordinances and prosecute violations of such ordinances. Municipalities and other state and local governmental agencies enact these ordinances to protect the health, safety, and welfare of their residents. Our lawyers provide municipalities with the resources to enact effective ordinances and work to prosecute those who violate the ordinances.
Common examples of ordinance violations that we prosecute include moving violations, parking enforcement, liquor code violations, building code violations, health code violations, noise violations, overgrown grass, and unlawful burning.
Litigation
The 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.
Election
We advise clients on all issues related to the duties and responsibilities of municipalities under the Illinois Election Code and other state and federal laws and regulations concerning elections. Political and election law is an ever-evolving area of the law that lends itself to confusion and potential liability.
Our attorneys provide counsel on the responsibilities of local election officials and address any concerns that may arise. We are experienced in guiding municipal clients through electoral board proceedings every step of the way, from preparing and providing notice of hearings to preparing the required written decision and on through appeal, if necessary.
We guide clients on the relevant laws and regulations to assist them in avoiding challenges that may occur when participating in the political process. We represent entities in legal claims and procedural challenges in cases involving campaign finance, spending of public funds to share facts about ballot initiatives, and the formation of nonprofit organizations and political action committees.
We are experienced in guiding municipal clients through electoral board proceedings every step of the way.
Labor & Employment
Our firm assists governmental agencies with labor and employment compliance, offering a defense, representation, and proactive guidance on disputes, claims, and liability mitigation.
Running a governmental agency or organization requires careful compliance with a wide range of labor and employment rules, regulations, and requirements. These complex laws govern every stage of employment, beginning with soliciting, hiring, training, and terminating employees. At Robbins Schwartz, we provide an excellent defense to municipal employers facing labor and employment claims.
Intergovernmental Agreements
We regularly negotiate, draft, interpret, and amend intergovernmental agreements for public entities. We have negotiated intergovernmental agreements with other park districts, municipalities, school districts, townships, forest preserve districts, counties, and even the State of Illinois for our park district clients. We have also negotiated and prepared complex IGAs for multi-district cooperatives and special recreation associations to accomplish a variety of mutual objectives, including shared use of land and improvements, shared programming, shared services, operating agreements, joint purchasing, joint financing, and joint defense of claims.
LOCAL | STATE | FEDERAL
Civil Rights
At Robbins Schwartz, we provide preventive counseling and litigation representation on the vast range of civil rights risks facing Illinois park districts. Our preventive counseling is focused on identifying, evaluating, and seeking to resolve potential civil rights issues before they arise to the level of litigation. Where litigation cannot be avoided, we are prepared to defend our clients in all state and federal forums vigorously. Whether providing preventive counseling or litigation representation, our attorneys apply their knowledge and understanding of both state and federal civil rights statutes, including 42 USC Section 1983 and Section 1988, to the matter. We have counseled on and defended claims of excessive force, improper detainment, and facial and as-applied challenges to policies and procedures, First Amendment and Due Process claims in the workplace, and the broad range of civil rights claims arising out of the exercise of official duties.
Environmental
We offer a full range of legal services to help our 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 have advised clients concerning environmental compliance, the removal of underground storage tanks, and potential environmental liabilities associated with real estate transfers and transactions. We have represented clients in environmental litigation in state and federal courts and in administrative proceedings before state and federal agencies.
Pension
Our team advises municipalities on pension issues involving the Illinois Municipal Retirement Fund (IMRF) and on issues concerning police and firefighter pension boards. We have intervened on behalf of municipalities in pension board hearings in order to oppose disability applications where the facts and law do not allow the pension to be granted. We advise municipalities on the intersection of pension law and the Public Safety Employee Benefits Act (PSEBA).
Public Finance
We are often asked to advise our clients 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 a 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.
Our attorneys represent local municipalities, school districts, and other state and local entities in a range of tax-exempt and taxable financing transactions. Our experience enables the firm to provide comprehensive representation to municipal and governmental clients in commerce and finance law matters.
