OKGC is representing Jo Daviess County in a FOIA case of first impression—whether geographic information systems (GIS) data is exempt under FOIA. Jo Daviess withheld the data under a FOIA exemption, and the plaintiff sued. OKGC defended the County and was successful on a motion for summary judgment. The appellate court just affirmed that ruling. By way of background, GIS data is collected by counties with respect to property parcel boundaries and general land features. Counties store this data in a GIS system. The systems are expensive to maintain, and frequently commercial requesters (like the plaintiff in our case) are seeking to obtain the data for free under FOIA, and then they re-package it for sale. On November 30th, the Appellate Court issued its opinion affirming summary judgment in favor of the County in the Jo Daviess case. The plaintiff still has the option to decide whether to move for rehearing or file a petition for leave to appeal to the Illinois Supreme [...]
Please review the following information distribution by LLRMI. Should you have any questions, please reach out to your risk management consultant. View Now >
Governor Pritzker recently signed the Family Bereavement Leave Act into law. The law goes into effective on January 1, 2023 and amends the Child Bereavement Leave Act. Once the law becomes effective, covered employees will have unpaid leave benefits available upon the death of a family member or when they experience certain adverse events relating to pregnancy, fertility treatments, adoption or surrogacy. A memo summarizing the new law has been prepared for ICRMT members by Jane May of OKGC. Please reach out to your risk management consultant with any questions. View the memo
Governor Pritzker recently signed into law an amendment to the One Day of Rest in Seven Act (ODRISA) which goes into effect on January 1, 2023. Jane May with OKGC has prepared a memo for ICRMT members summarizing the changes to the law is attached. Please reach out to your risk management consultant with questions. View the memo
The Illinois Supreme Court issued an important decision last week holding that certain facilities and entities that have automated external defibrillators (AEDs) on site can be held liable for the willful and wanton failure to use the device in accordance with the Physical Fitness Facility Medical Emergency Preparedness Act (Facility Preparedness Act) and the Automated External Defibrillator Act (AED Act). Jane May of OKGC has prepared a memo regarding the decision for ICRMT members. Please contact your risk management consultant with any questions. View the memo
With the latest resurgence of Covid 19 due to the Delta variant and the accompanying changes in policy direction from the CDC we wanted to reaffirm how liability coverage as provided by the ICRMT will respond in the event of Covid related suits. The ICRMT does not have an exclusion for Virus or Bacteria (COVID) under the primary liability policies. We understand that other programs/carriers in Illinois do have this exclusion and are informing their insureds that they will 100% not have coverage for any COVID related claims. ICRMT will look at each claim individually and determine coverage. After legal review, the ICRMT would not base a decision to deny coverage solely because a district made the decision whether to require masks or not, or to implement other recommendations pertaining to COVID-19. However, the ICRMT may have the right to issue a coverage denial on other grounds including but not limited to, the failure to adhere to the Governor's Executive Orders, legislative enactments [...]
The LLRMI training videos in response to IL HB 3653 are now available to ICRMT members. You can access the training videos by logging into the Bridge Training Portal. Please contact your risk management consultant with any questions.
Governor Pritzker signed Public Act 101-0656 into law last week. This law limits the ability of employers to use an applicant or employee’s criminal conviction record as a basis for an adverse employment decision. The law requires employers to first consider whether the conviction bears a substantial relationship to the employment position or whether employing the person would pose a substantial risk. If the employer makes a preliminary decision that the conviction is disqualifying, the employer must provide the individual with notice and an opportunity to provide further information before making a final decision. Jane May of OKGC has prepared a memo for distribution to ICRMT members which explains the law. You can download the memo by clicking here. Please reach out to your risk management consultant with questions.
The American Rescue Plan Act made some changes with respect to COBRA. Certain individuals who are or would have been eligible for COBRA between 4/1/21 and 9/30/21 must be provided notice of premium subsidies that are available for this six-month period. Individuals who are eligible for the premium assistance will not have to pay the COBRA premium between 4/1/21 and 9/30/21. The employer must pay the premium, but then can take a credit for it on its Medicare payroll taxes. Please review the links below and reach out to your risk management consultant with any questions. https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/cobra-premium-assistance-under-arp.pdf https://www.dol.gov/agencies/ebsa/laws-and-regulations/laws/cobra/premium-subsidy
On February 22, 2021, Illinois Governor JB Pritzker signed House Bill 3653 Senate Amendment 2 into law as Public Act 101-0652. Listed below are downloadable versions of the LLRMI’s template Illinois specific law enforcement policies. Those shown in bold are policies that have been modified to be compliant with Public Act 101-0652. If you have any questions, please reach out to your risk management consultant. IL Active Shooter-Killer 2021 IL Audits and Inspections 2021 IL Biased Based Policing 2021 IL Bloodborne Pathogens 2021 IL Body Armor 2021 IL Body Worn Video Recordings 2021 IL BolaWrap 2021 IL Bomb Threat 2021 IL Canine 2021 IL Cellular Phone 2021 IL Combat Tourniquets 2021 IL Community Engagement Policy 2021 IL Confidential Informants 2021 IL Connors Law 2021 IL COVID-19 IL Criminal Investigations 2021 IL Critical Incident 2021 IL Crowd Control 2021 IL De-Escalation LLRMI 2021 IL Deaf and Hearing Impaired 2021 IL Death Notifications 2021 IL Dogs an Effective Response 2021 IL Domestic Misconduct 2021 IL [...]