Legal Opinions

All of these legal opinions were provided by the law firm of Klein, Thorpe & Jenkins, Ltd. which is an Illinois law firm with offices in the Civic Opera Building at 20 North Wacker Drive in Chicago and at 15010 S. Ravinia, Orland Park. The firm concentrates in the representation of local libraries, library districts and library systems, as well as other local governmental units.

Is Your Library Website a Public Forum?(pdf) June 2010
First Amendment Issues - Part 5(pdf) May 2010
First Amendment Issues - Part 4(pdf) April 2010
First Amendment Issues - Part 3(pdf) March 2010
First Amendment Issues - Part 2(pdf) February 2010
First Amendment Issues - Part 1(pdf) January 2010
Removing Factually Inaccurate Materials(pdf) December 2009
When a Bidder Fails to Follow Bidding Instructions (pdf) November 2009
Sexual Predators and Library Internet Services (pdf) October 2009
Revisions to the Illinois FOIA and Open Meetings (pdf) September 2009
Protecting Patron Privacy (pdf) August 2009
Keeping TaBS on PTABS (pdf) July 2009
Hiring a Worker Who Has Been Laid Off (pdf) June 2009
Registered Sex Offender in the Library: What Should We Do? (pdf) May 2009
How to Handle a Mechanic's Lien Claim (pdf) April 2009
Supreme Court Decision on Qualified Immunity (pdf) March 2009
Working Cash Fund Legislation (pdf) February 2009
Amendments to the Family and Medical Leave Act (pdf) January 2009

ADA Amendments Act of 2008 (pdf)

December 2008

Do You Really Know Who Your Bidder Is? (pdf)

November 2008

Employee Communications Transmitted To and From Library-Owned Computers:Does Your Library Have a Policy and How is it Enforced? (pdf)

October 2008
Child Online Protection Act Ruled Unconstitutional (Again) (pdf) September 2008
Wage Garnishment Guidelines for Libraries, Part 2 (pdf) August 2008
Wage Garnishment Guidelines for Librarie, Part 1 (pdf) July 2008
Is the Site for Your New Library Really "Clean?" (pdf) June 2008
Pre-Employment Drug and Alcohol Testing: Is Your Policy Constitutional on its Face and/or as Applied? (pdf) May 2008
Overtime Pay for Volunteer Work Hours? (pdf) April 2008
Constitutional and Unconstitutional Patron Appearance and Behavior Policies: A Review (pdf) March 2008
Effective Sexual Harassment Complaint Procedures (pdf) February 2008
Public Acts Effective January 1, 2008 (pdf) January 2008
Disciplining FLSA Exempt Employees for Attendance Issues (pdf) December 2007
Libraries and Pregnancy Leave (pdf) November 2007
Negative Comments about an Employee's Accent Can Be Evidence of Discrimination (pdf) October 2007
Changes in the Law of Interest to Libraries (pdf) September 2007
Converting Eligible Sick Leave to Service Credit (pdf) August 2007
Library Employment of Underage Workers (pdf) July 2007
Budgeting, Appropriating and Levying (pdf) June 2007
A Primer on Non-Resident Card Programs (pdf) May 2007
IMRF Pension Benefits and Military Service Protection Laws (pdf) April 2007
Tardiness, Absenteeism and the FMLA and ADA (pdf) March 2007
Library Dress Codes (pdf) February 2007
Law Can Be Used To Change Library Levy Process (pdf) January 2007
Substance Abuse, Unruly Behavior, Absenteeism and Library Discipline (pdf) December 2006
Does the First Amendment Allow Libraries to Limit the Public Use of their Property? (pdf) November 2006
Can Libraries Permanently Increase Taxes Under New PTELL Law Governing Referenda? (pdf) October 2006
New Election Law Changes Affect Tax Referendums (pdf) September 2006
Constructive Discharge (pdf) August 2006
New Legislation to Impact Libraries (pdf) July 2006
Severe Weather Warning: FLSA Consequences of Closing the Library? Part II(pdf) June 2006
Severe Weather Warning: FLSA Consequences of Closing the Library? Part I (pdf) May 2006
Court Clarifies What Constitutes a Personnel Record (pdf) April 2006
Monitoring Employee Electronic Communications— Part II (pdf) March 2006
Monitoring Employee Electronic Communications— Part I (pdf) February 2006
Avoiding Retaliation Claims with Effective Policies (pdf) January 2006
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