Recent litigation has forced a District to re-assess their Risk Care
Management plans across Illinois. Recent, lengthy Court Opinions
demonstrate that it is indeed risky to rely upon old, “pre-Freeport”
Risk Care Management policies. Below, we review the issues and
discuss elements of a defensible Risk Care Management Plan:
I. The Context of the Dispute
A. Tort Immunity Act
B. Use/Misuse of Tort Funds
C. Absence of Other Legal Authority
II. Freeport Case and Other Recent Developments
A. Freeport Litigation
B. In Re: Objection to Tax Levy of Quincy School District No. 172
C. Recent Local Experiences
III. Lessons of Freeport and Quincy
A. The Requirement for Discretionary
Authority under the Freeport Standard
1. The Three Part Standard
2. Administrator's Clearly Covered
3. Other Employee's Can Be Clearly Covered
B. The Need for Substantial Policies – And Procedures
IV. Employment Which Is Not “Risk Management”
A. Risk Management within Ordinary
Scope of Work
B. Categories of Employment Considered in Freeport and Quincy