Municipal Law
For 30 years, municipalities have relied on Gardiner Koch Weisberg & Wrona to represent them in absolutely every kind of case a municipality could have. Our geographic scope is immense, covering everywhere from inner-tier communities to exurban diaspora: the Chicago suburbs, the outlying counties, and far-flung farming areas as well.
Municipalities place their trust in GKWW because of a shared context. After all, GKWW’s partners understand these issues from the distinct vantage point of elected officials. Tom Gardiner served as trustee of the Village of Glenwood and Prairie State College for a cumulative total of 21 years. He currently serves on a Plan Commission and served the Board of Education for a high school district. James Koch is the former president on the board of New Trier High School, in Northfield Illinois, and has served as the president of the Board of Governors for the North Suburban Special Education District. In these capacities, we have garnered extensive familiarity with the pressures placed on elected officials and executives–and thus demonstrate the ability to provide sound counsel that protects both community and leadership.
We have successfully defended municipalities against discrimination suits concerning sex, race, national origin, and religion; in claims of discrimination involving employment and housing; in contract disputes and municipal tax contests; in negotiated union contracts and retaliatory discharge claims; in situations where municipal employees were accused of sexual harassment and molestation.
We also represent municipalities in matters of police brutality, malicious prosecution, false arrest constitutional rights, wrongful conviction, and class-of-one equal protection claims. We have defended municipalities in disputes involving proposed zoning code revisions, in challenges to municipal ordinances and in matters involving annexation agreements.
We invite you to review the Gardiner Koch Weisberg & Wrona blog, where we offer a look at our most recent successes. As you see, municipalities benefit significantly from our expert help. Contact Gardiner Koch Weisberg & Wrona for a free consultation.
Since our establishment in 1992, Gardiner Koch Weisberg & Wrona has brought a sophisticated, well-knit mosaic of expertise to bear in several practice areas. We are aggressive, ethical advisers who get things done.
To reach our office, call 312.362.0000
For after hours calls, dial 312.371.6279
Civil Rights
Municipalities have long relied on GKWW’s attorneys to represent them in very varied litigation across the wide sphere of civil rights.
We have successfully defended municipalities against claims of sex, race, national origin, religion and employment discrimination. We’ve defended retaliatory discharge claims, as well as claims concerning political firings and hirings. We have handled police brutality, malicious prosecution, false arrest, wrongful conviction, class-of-one equal protection claims and constitutional rights cases. We have defended municipalities against claims of housing discrimination. We have been involved in cases in which municipal employees were accused of sexual harassment and molestation.
Discrimination Claims
At GKWW, we are well-versed in every aspect of–and perspective on–the delicate, often emotionally-charged sphere of employment discrimination. We have represented both sides, helping to eventuate a fair, respectful, watertight closure of the matter.
Sexual Discrimination
Our firm has handled claims involving harassment by one municipal employee against another. We have also handled cases involving claims that employees were fired or demoted based upon failure to provide sexual favors (or based upon the employee’s sexual orientation). We have represented municipalities and individuals relating to claims of hostile work environments (in which sexual banter or activities were allegedly pervasive). We have represented parties in cases involving claims involving sexual comments, sexual touching, consensual relationships (involving off duty and on-duty conduct) and terminations based upon new marriage or family relationships.
Racial Discrimination
We have represented parties in practically every type of discrimination matter involving race. Sometimes, these cases involve overt racial comments and actions; more commonly, they are alleged to involve subtle discrimination or discrimination.
National Origin Discrimination
While it’s a less frequent claim than race or sex discrimination, national origin discrimination clearly exists. In the post-9/11 world, certain stereotypes have unfortunately led to an increase in this type of discrimination. GKWW’s attorneys have successfully represented parties involving such claims.
Religious Discrimination
While religious discrimination may also be related to national origin or race discrimination, it occupies a distinct space and must be treated as a unique entity. We have successfully litigated these matters on behalf of our clients.
Due Process Claims
Traditionally, due process claims sit on the basis of constitutional claims for civil rights violations. More recently, however, the issue has broadened to issues of property.
We have extensive experience in handling cases in which municipalities are accused of not having afforded property owners due process when considering proposals. (Often, these claims are brought by developers.)
Equal Protection
Equal protection claims have traditionally been made in connection with civil rights discrimination claims. In recent years, however, equal protection claims have often been made by property owners based upon the claim that they are being treated differently than similarly situated property owners. For example: a case may arise in which a zoning ordinance (or denial of a variance) might have a disproportionate impact on one property owner. These equal protection “class of one” cases have become quite prevalent, and we are well versed in the law.
Police Brutality
Gardiner Koch Weisberg & Wrona has built an impressive reputation for expertise, experience and achievement on behalf of its clients in matters of police brutality. We have litigated on behalf of our clients involving not just police brutality but misconduct and harassment, as well. Tom Gardiner and Jim Koch have spent their entire careers handling cases involving related claims-including an argument before the United States Supreme Court.
Political Retaliation
When a new political administration comes into power, the administration is often elected to facilitate change. Changes are made to both policy and personnel. Sometimes, the municipality’s finances require the reduction of personnel or the reassignment of job functions.
To make such changes may be perfectly legitimate, but such changes must be made within the protections afforded by the law. For example: a non-exempt employee may not be terminated simply for political reasons, and job duties cannot be dramatically changed to punish the politically active employee. If rules are not followed–including union rules–then the employee may have a legitimate claim.
Developer Disputes
Because of the exceptionally complicated nature of the development process, disputes often arise regarding the precise meaning of documents and the extent of the approvals granted them. Our firm has handled a great many developer disputes, on behalf of all parties involved in the development process, and guided them to a successful conclusion.
Contract Disputes
Matters involving employment contracts–which protect executives and others when a company seeks to change direction (or when an employee discovers that a new position or opportunity is not as promised)–demand a uniquely broad and thorough understanding of employment law, as employment agreements touch nearly all corners of the practice area.
In these matters, the details are of the essence, especially for the high-level executive. They involve their medical benefits, other fringe benefits, stock options, employee benefit plans, 401(k)s, bonus arrangements, executive authority, travel obligations, entertainment budgets, car allowances, tax implications, frequent flier mile attribution, life insurance and so on. These figure heavily into the employment relationship.
In the case of executives and salespersons, negotiation and litigation involving non-competition provisions, restrictive covenants and confidentiality agreements can prove crucial. Notably, one of our lawyers–Tom Gardiner–has lectured both prominent businesspeople and fellow lawyers regarding restrictive covenant and non-compete agreements.
Our employment practice encompasses the full diversity of these matters, and our clients are as diverse as our practice. They consist of employers, employees, corporations, limited liability companies, individuals, municipalities, independent contracts and partnerships alike. This wide range of experience and perspectives enables us to analyze our clients’ issues from multiple vantage points.
We we represent clients regarding employment matters in all possible forums: federal and state court, the Equal Employment Opportunity Commission, the Department of Labor, the Illinois Human Rights Commission, the Department of Employment Security and beyond.
Municipal Ordinaces
Municipal ordinances cannot violate state or federal law. Our firm demonstrates extensive expertise in analyzing such ordinances in the context of other laws.
We recommend approval, revision, or withdrawal of proposed ordinances where pertinent. In cases within which unconstitutional ordinances have been passed, we challenge them on behalf of taxpayers and citizens.
Open Meetings Act
Our firm frequently deals with the obligation of governmental units and committees to satisfy the requirements of the Open Meetings Act. Because of our expertise, we have given a speech between a very large regional Mayors and Managers organization on this topic.
Freedom of Information Act
With the changes to Illinois law expanding the scope of the Freedom of Information act, we are frequently called upon to interpret the act and advise public officials in responding to these requests. We’ve given speeches on the topic.
Since the disclosure requirements imposed on municipalities are substantial and the time limits are extraordinarily tight, some municipalities are simply turning all documents over without deliberating the documents’ contents or possible exemptions. Often, these disclosures are the precursor to litigation. (They need to be considered with litigation counsel.)
De-Annexation Claims
There are few firms that have handled claims by a property owner that his property should be de-annexed from the municipality. GKWW is one of those firms. Among our de-annexation cases was a hotly contested case in which we argued successfully at both the trial court and appellate levels.
De-annexation cases often involve developers who annex into one municipality only to learn that another municipality would afford them better annexation terms. De-annexation is governed by statute (and is referred to as “disconnection” under Illinois law), but it involves multiple, complex factual determinations that must be adroitly navigated.