Personal Resume
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  • 1. Resume` THOMAS W. KELTY Attorney, Kelty Law Office, Springfield, Illinois Degrees: Creighton University, Omaha, Nebraska -- Bachelor of Arts - 1967 University of Missouri, Kansas City -- School of Law Juris Doctorate - 1971 Admitted to practice in Illinois (1971) and Missouri (1985), United States Supreme Court (1982), United States Seventh Circuit Court of Appeals, and United States Tax Court (1985). Member of Sangamon County, Illinois State and American Bar Associations, and National Association of Bond Lawyers. Member of Phi Alpha Delta Legal Fraternity and Sigma Alpha Epsilon Undergraduate Fraternity. Chairman of the Illinois State Bar Association Local Government Law Section Council - June, 1980 to June, 1982; Member 1978-1986, 1993-Present; Initiated and coordinated legislative approval of the first rewrite of Illinois municipal statutory law in over 20 years. Member of Board of Directors of International Municipal Lawyers Association: • Elected Third Vice President (2008) • Illinois State Chairman (Illinois, 1987-1993) - during my chairmanship through the networking of over 500 active Illinois municipal attorneys the Illinois membership in this organization grew by nearly 40% • Chairman, Committee of State Municipal League Counsel (1989-1993) • Member, IMLA Standing Committee on Federalism (1993-2008) • Chair, IMLA Standing Committee on Federalism (1993-1995) and (2000-2003) H:TWKResumePersonal Resume (Long Form) Rev. 7-30-2008
  • 2. Member of Illinois Development Council - an organization engaged in the development of techniques for attracting economic development to the State of Illinois and its cities, villages and incorporated towns. (1995-2002) Member of Illinois Association of Defense Trial Counsel. (1992-1998) Member of Illinois Tax Increment Association. (1990-Present) Member: American Business Club (1972-Present), (Sangamon State) University of Illinois - Springfield Foundation (President 1982-1984) - created a program to successfully bridge the communication gap between the University administration and University faculty which had been ongoing for approximately 20 years resulting in more effective use of the Foundation's assets and enhanced its activities throughout a 10-county area on behalf of the University. Served as member of a blue ribbon committee which recommended the successful candidate for presidency of the University in 1982. Practice presently includes municipal corporation law, zoning and planning law, bond and securities law, public utility law, general corporate law, business and commercial litigation, and real property law. Recipient of Distinguished Service Award for Lifetime Achievement in local government law, Illinois Institute for Local Government Law, February 2007. Selected Publications Kelty (Editor), Report of the Illinois Municipal League Committee of Home Rule Attorneys: 1970 Illinois Constitution, Illinois Municipal League (Pub. Annually 1975-1987). Kelty, Public Building Commissions and Civic Auditoriums, Illinois Institute for Continuing Legal Education, Special District Government In Illinois, Clifford L. Weaver and R. Marlin Smith, General Editors (1982) - case law treatise on the implementation of public building (convention and auditorium) authorities throughout the State of Illinois. Kelty & Pfeifer, Antitrust Do's and Don'ts, Illinois Municipal Review (July, 1982). Kelty & Pfeifer, Boulder Antitrust Suit Settled, Illinois Municipal Review (September, 1982). Kelty & Pfeifer, Consumer Utility Tax Declared Unconstitutional, Illinois Municipal Review (March, 1983). Kelty & Pfeifer, Antitrust Damages, Illinois Municipal Review (February, 1984). Kelty & Banovetz, Illinois' Experiment For Tomorrow's Government, Illinois Municipal Review (March, 1985). H:TWKResumePersonal Resume (Long Form) -2- Rev. 7-30-2008
  • 3. Kelty & Banovetz, What Difference Does Home Rule Make?, Illinois Municipal Review (April, 1985). Kelty & Banovetz, Home Rule Is Used By Small Communities Too!, Illinois Municipal Review (May, 1985). Kelty & Banovetz, Home Rule and Taxes: The Ultimate Issue, Illinois Municipal Review (June, 1985). Kelty & Banovetz, Home Rule Can Help Solve Problems, Illinois Municipal Review (July, 1985). Kelty & Banovetz, Economic Development Advanced By Home Rule, Illinois Municipal Review (August, 1985). Kelty & Banovetz, Home Rule In Illinois: Image and Reality, Illinois Issues (a publication of Sangamon State University) (1987) - legal and academic analysis of uses of home rule powers. Kelty & Banovetz, Home Rule, The Aftermath of a Revolution, Illinois Issues (September, 1985). Kelty & Banovetz, Home Rule, Referenda and Elections, Illinois Municipal Review (September, 1985). Kelty & Banovetz, Planning, Leadership, Honesty Are Keys To Successful Home Rule Referenda, Illinois Municipal Review (October, 1985). Kelty & Banovetz, The Watchdogs of Home Rule, Illinois Issues (October, 1985). Kelty & Banovetz, Success Under Siege: The Record of Illinois Home Rule, Illinois Municipal Review (December, 1985). Kelty & Banovetz, Debt, Taxes, and Home Rule, Illinois Issues (December, 1985). Kelty & Banovetz, Home Rule: Renewing Trust In Local Government, Illinois Issues (May, 1986). Kelty, Inverse Condemnation: Another Assault Upon Municipal Regulation, Illinois Municipal Review (August, 1986). Kelty, Illinois Tort Reform: Analysis of SB 1200, Expansion of Local Government Tort Immunity, Illinois Municipal Review (October, 1986). Kelty, Utility Systems, Illinois Institute for Continuing Legal Education, Illinois Municipal Law (1987 Rev. 1994. 2003) - case law treatise on the operation of municipal gas, water and electric utility systems. H:TWKResumePersonal Resume (Long Form) -3- Rev. 7-30-2008
  • 4. Kelty, Efficiency, Effectiveness and Economy: The Case For Privatization, Illinois Municipal Review (June, 1987). Kelty & Banovetz, Illinois Home Rule and Taxation: A New Approach To Local Government Enabling Authority, Northern Illinois University Law Review (Summer, 1988 Special Issue) - only definitive analysis of the experience of Illinois municipalities during the first 15 years of Illinois constitutional home rule power. A series of monographs written in conjunction with the Public Administration Department of Northern Illinois University analyzing the home rule concept, the Illinois home rule experience, enabling authority for taxation, the court and home rule powers, and implications for home rule enabling authority. Kelty, Special Problems of Self-Insureds, The Lawyer's Brief (March, 1988) - a discussion of the statutory and constitutional issues which arise in the creation of networks of municipalities in self- insurance associations. Presentation to American Bar Association, Palm Beach, Florida (1987). Kelty, Illinois Public Bidding Statute: The Pitfalls, Illinois Municipal Review (April, 1991). Kelty, Municipal Utility Franchises: Fair Market Rental Required, IMLA Municipal Attorney (March/April, 1993). Kelty, The Tenth Amendment: New Federalism (Or Old Federalism Resurrected)? - Presentation to Illinois Municipal League 80th Annual Conference, Chicago, Illinois (September, 1993). Kelty, Federalism: On The Brink of Revival - Presentation to Illinois Institute for Local Government First Annual Conference, Springfield, Illinois (February, 1994). Kelty, Federalism: The Illinois Constitutional Defense Council - ISBA Local Government Law Section Council Newsletter (March, 1994). Kelty & Janega, Utility Systems, Illinois Institute for Continuing Legal Education, Illinois Municipal Law (Spring, 1994) - expanded rewrite of 1987 case law treatise on the operation of municipal gas, water and electric utility systems. Kelty, Introduction (Chapter 1), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law (1994). Kelty, General Powers (Chapter 10), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law (1994). Kelty, Municipal Utilities; Water and Sewer (Chapter 18), Lawyers Cooperative Publishing, Illinois Jur, Municipal Law (1994). H:TWKResumePersonal Resume (Long Form) -4- Rev. 7-30-2008
  • 5. Kelty, NIMLO/ABA Federalism Committee: 10th Amendment on the Mend, Municipal Attorney (Jan/Feb. 1995). Kelty, NIMLO/ABA Federalism Committee: Politics and the 10th Amendment, Municipal Attorney (Mar/Apr. 1995). Kelty, Federalism: Lopez, a Benchmark Decision, Municipal Attorney (May/June 1995). Kelty, U.S. Term Limits: Tenth Amendment has Life, Municipal Attorney (July/Aug. 1995). Kelty, FAA Precludes Tow Truck Regulations, Municipal Attorney (Sept/Oct. 1995). Kelty, Federalism: The Thin Edge of the Wedge, Municipal Attorney (Nov/Dec. 1995). Kelty, NIMLO Seeks Tenth Amendment Cases, ABA Section Newsletter (1995). Kelty, Federalism: While the Stewards Slept . . . New York vs. United States, The Urban Lawyer, ABA, Summer Issue (1997). Kelty, Municipal Liability: Is a Zoning Hearing Really a Hearing? IDC Quarterly, (Second Quarter 2004). Relevant Experience General Counsel and Executive Director of the Illinois Institute for Local Government Law (1991- Present) - an attorney-member association of legal representatives of cities, villages and other units of local government in the State of Illinois. Editor of the monthly newsletter of the Institute. Its 140+ members collectively represent in excess of 600 units of government located throughout the five judicial districts of Illinois. Chief Counsel to the Illinois Municipal League (1972-1991) - the largest legislative representative of local government interests in the State of Illinois comprised of approximately 1,000 Illinois cities, villages and incorporated towns. Drafted, prepared and lobbied legislation before the Illinois General Assembly; drafted legislation for introduction before the United States Congress; advised on a day-to-day basis municipal attorneys from throughout the State of Illinois regarding corporate legal and litigation matters. In excess of 500 municipal attorney contacts annually. General Counsel to the Springfield Metropolitan Exposition and Auditorium Authority (1972-1982) - the first publicly-owned and financed auditorium authority in downstate Illinois modeled after Chicago's McCormick Place. Successfully negotiated and lobbied implementing, authorizing and financing legislation for this Authority and approximately 10 others throughout the State of Illinois. Served as issuer's counsel for the issuance of $22 Million of revenue bonds for the construction of a 47,000 square foot multi-use exhibition, auditorium and convention facility financed by taxes authorized by legislation written by Mr. Kelty and lobbied on behalf of these units of government. H:TWKResumePersonal Resume (Long Form) -5- Rev. 7-30-2008
  • 6. Counsel or special counsel to numerous cities, villages and incorporated towns throughout Illinois, including Aledo, Alton, Apple River, Atkinson, Beardstown, Benton, Bolingbrook, Cairo, Carmi, Carrier Mills, Cedar Point, Champaign, Chandlerville, Chillicothe, Coalton, Divernon, DuQuoin, Edgewood, Edwardsville, Effingham, Fairbury, Farmersville, Flora, Gillespie, Highland, Hillsboro, Hopewell, Kincaid, Lasalle, Litchfield, Loami, Loves Park, Markham, Mason City, Mount Sterling, Nauvoo, New Baden, Nokomis, Oglesby, Ottawa, Pawnee, Pekin, Percy, Peru, Petersburg, Ransom, Rockdale, Rushville, Southern View, Spring Valley, Springfield, Stoy, Tallula, Troy, Ullin, Warrensburg, Washington, Waukegan, West Salem, Williamsville, Witt and many others. General counsel to the Illinois Municipal League Risk Management Association (1980-1991) and the Gas Utilities Alliance (Risk Management Association) (1978-1989). Vice Chair of Self-Insurers and Risk Managers Committee of Tort and Insurance Practice Section, American Bar Association (1986-1990) - a Committee comprised of general counsel to private and public (municipal) insurers engaged in self-insurance enterprises throughout the United States. Illinois Municipal League Home Rule Attorneys Committee - Counsel to this Committee of 65 attorneys representing 106 Illinois municipalities over 25,000 population, including Chicago and Springfield, charged with the monitoring and analysis of legislation, ordinances and litigation implementing and testing the parameters of the constitutionally created home rule powers contained in the 1970 Illinois Constitution. The work included participation in litigation, oral argument and filing of numerous briefs in home rule test cases brought throughout the State of Illinois, including numerous cases argued before the Illinois Supreme Court. Involved the analysis of constitutional home rule provisions in other States for a comparative analysis of their constitutional home rule provisions. Illinois Bell/Illinois municipalities franchise negotiations - lead counsel to a group of 456 Illinois municipalities in the successful negotiation in 1984 and the renegotiation in 1988 of a comprehensive utility franchise agreement allowing the continued contractual franchise fee arrangement between Illinois Bell Telephone Company and these municipalities comprising a population of over 7,000,000 persons. The renegotiation was necessitated by the divestiture of the Bell operating companies nationally by federal court order. State Municipal League Attorneys Committee (IMLA) - primary mover in 1986 in the creation of this Committee of members of the largest national association of municipal attorneys in the United States. The Committee consists of 50 general counsel to State Municipal Leagues and State Attorneys Associations from each of the United States. The Committee serves as a forum for discussion and exchange of pertinent information among counsel to State Associations of cities, villages and towns and municipal attorney associations with regard to common and national interest legal issues affecting local government throughout the United States. Standing Committee on Federalism (IMLA) - chair (1993-1995) and (2000-2003) of this blue ribbon Committee created by the Board of Directors of IMLA to identify and analyze state and federal litigation designed to overturn over 50 years of United States Supreme Court decisions undermining H:TWKResumePersonal Resume (Long Form) -6- Rev. 7-30-2008
  • 7. states' and municipalities' Tenth Amendment constitutional rights and powers. The Committee consists of counsel from Illinois, Iowa, Michigan, Minnesota, New Hampshire, New Mexico, North Carolina, Oklahoma, Tennessee and Texas. One of the main goals of this Committee is to expand upon the network of municipal attorneys who have been active in the efforts of a subcommittee Mr. Kelty chaired which worked on this project from 1990 through mid-1993. Illinois Municipal Tort Immunity - lead counsel in 1986 in the negotiation and lobbying of the first major revisions of the Illinois Tort Immunity Act in over 20 years. Negotiations were conducted directly with the Speaker of the Illinois House of Representatives, Representative Michael Madigan, on behalf of over 1,300 cities and villages and over 2,000 townships, school districts, and park districts. Sangamac (Illinois) Ambulance District - legal counsel in the creation of the first constitutional intergovernmental cooperation multi-municipality public service ambulance district in the State of Illinois coordinating the efforts of five municipalities located in multi-counties serving a population in excess of 100,000 people. Hillsboro (Illinois) group cable television negotiations - lead negotiator and legal counsel to a group of six municipalities in joint negotiations of long-term cable television contracts. LaSalle (Illinois) group cable television negotiations - lead negotiator and legal counsel to a group of four municipalities in joint negotiations of long-term cable television contracts. IML Risk Management Association - general counsel to this statewide insurance association which provides self-insurance for approximately 450 Illinois municipalities located throughout the State. Designed the legal structure of a start-up enterprise created pursuant to constitutional powers. It has grown from initial revenues of $2.5 Million in 1980 to approximately $30 Million in 1991. It is the primary property, casualty and liability insurer for Illinois municipalities. Gas Utilities Alliance - created the legal structure for a consortium of privately-owned and municipally-owned natural gas utility companies under the auspices of the Illinois Constitution for the purpose of providing self-insured liability insurance coverage. Consists of 21 municipal utilities and five investor-owned Illinois public utilities. Illinois Air Rights Law - successfully negotiated the first public lease of air rights in the State of Illinois combining the creation and construction of a 300-car multi-level parking ramp with the construction of a major chain 300-room hotel in air rights above the parking ramp under the terms of a 99-year lease arrangement. Intergovernmental Cooperation - author of numerous definitive legal opinions to Illinois municipalities with regard to the use and implementation of Illinois constitutional powers allowing municipalities to enter into public/public and public/private cooperative agreements. H:TWKResumePersonal Resume (Long Form) -7- Rev. 7-30-2008
  • 8. American Legal Publishing Company - Illinois and Missouri counsel to this major publisher of municipal ordinance codes. Review, analyze and edit ordinance recodifications prepared by American Legal Publishing. Requires current working knowledge of applicable case law and statutory provisions. Chair of the IMLA International Committee created in 1995. Composed of 12 attorneys from throughout the United States and Canada, its purpose is to create and implement a plan to provide IMLA member attorneys the opportunity to assist with the development of democratic systems in the Eastern European countries and South Africa. Selected Cases City of Springfield v Allphin, S.Ct., 384 N.E.2d 310 (1979) - successfully argued the unconstitutionality of the effective date of major state tax legislation. City of Springfield v. Allphin, S.Ct., 413 N.E.2d 394 (1980) - challenged State imposed excess service charge for imposition of certain taxes. SMEAA v. Castle, S.Ct., 427 N.E.2d 144 (1981) - successfully challenged the State office of local development (Bureau of Economic Development) and the office of the Governor with regard to the statutory construction of public funds provision of a major state/local construction contract. Recovered $1.2 Million for client. Village of Pawnee v. Johnson, S.Ct., 469 N.E.2d 1365 (1984) - successful class action brought on behalf of 1,300 Illinois cities, villages and incorporated towns for the recovery of interest income on investment of monies held by State Treasurer. Recovered in excess of $12 Million for clients. People ex rel Bernardi v. City of Highland Park, S.Ct., 520 N.E.2d 316 (1988) - counsel to a major Michigan marine contractor in successful challenge to constitutionality of Illinois prevailing wage laws. Arkansas v. Oklahoma (1992) - coordinated the efforts of municipal attorneys and attorneys general from 35 states in the preparation and filing of a legal brief in the United States Supreme Court successfully overturning a decision under the Water Quality Standards Act with regard to upstream users of the Mississippi River. People of the State of Illinois, ex rel Paul A. Logli, State's Attorney for Winnebago County, Illinois v. The City of Loves Park, No. 93-MR-133 (1993) - Special counsel to the City of Loves Park with respect to constitutional validity of a city/developer tax sharing agreement. Leonard Keeven, as Trustee of Leonard Keeven Trust, et al., etc. v. City of Highland, No. 94-MR-331 (1997) - successfully defended class action water rate antitrust suit brought against City. In a case of first impression, established new standards for setting rates by Illinois cities and villages. H:TWKResumePersonal Resume (Long Form) -8- Rev. 7-30-2008
  • 9. Roosevelt Fuller, by his parents, Gretta Fuller and Roosevelt Harris, et al. v. Decatur Public School Board of Education School District 61, et al., No. 99-2277, Central District in Illinois, Urbana Division (1999) - special and lead litigation counsel to Decatur Board of Education with respect to successful defense civil rights action brought by Operation PUSH on behalf of six students who were expelled for their involvement in a brawl at a intracity high school football game. Gregory Howell, by his parent, Cynthia Howell, et al. v. Decatur Public School Board of Education School District 61, et al., No. 99-CH-245, Circuit Court of the Sixth Judicial Circuit Macon County, Illinois (1999) - special litigation counsel successfully defending Decatur Board of Education in suit brought by Operation PUSH on behalf of six Decatur Public High School students for invasion of privacy. Decatur Public School District 61 v. Rainbow/PUSH Coalition, et al., No. 99-2288, Circuit Court for the Sixth Judicial Circuit in Illinois (1999) - special litigation counsel to Decatur Board of Education in successfully obtaining permanent injunctive relief barring Operation PUSH representatives and others from school district property. Libbra v. Livingston, et al., No. 03-MR-723 and 03-MR-753, Circuit Court for the Third Judicial Circuit in Illinois (2004) - advised and successfully litigated for Defendant Committee of 10 representing in excess of 3,300 taxpayers to place school district annexation referendum on referendum ballot. Lectures 1972 - 1990 Lectured annually to IML Annual Conference of 2,000 elected and appointed Illinois municipal officials regarding state and federal legislative issues. Lectured to 250 municipal attorneys regarding current case law. 1973 - 1989 Conducted and lectured at biennial Municipal Attorneys Seminar on state and federal statutory and constitutional legal issues affecting Illinois municipalities. 1973 - 1989 Lectured at biennial Newly Elected Officials Conference to over 500 newly elected city and village officials with regard to constitutional and statutory powers and duties of municipalities. 1990 IMLA Annual Conference, San Diego, California - Emerging Tenth Amendment Federalism Issues: Preserving Basic Local Constitutional Authority. H:TWKResumePersonal Resume (Long Form) -9- Rev. 7-30-2008
  • 10. 1992 Conducted and lectured at statewide attorneys seminar on zoning, planning, annexation and economic development issues affecting local government and private developers in the State of Illinois (Illinois Institute for Local Government for Law) (Springfield). 1993 Conducted and lectured at statewide attorneys seminar on zoning, planning, annexation and economic development issues affecting local government and private developers in the State of Illinois (Illinois Institute for Local Government for Law) (Champaign and Skokie). 1994 ILGL 1st Annual Conference, Springfield, Illinois - Federalism: On the Brink of Revival. 1995 ILGL 2nd Annual Conference, Joliet, Illinois - Constitutional Federalism. ABA Section of State and Local Government Law, Chicago, Illinois - Report of the IMLA Standing Committee on Federalism. IMLA Sixth Circuit Regional Seminar, Cincinnati, Ohio - Introduction to and Current Thoughts on Federalism: Does the Tenth Amendment Still Live? 1996 ILGL 3rd Annual Conference, Joliet, Illinois - Case Report. 1997 ILGL 4th Annual Conference, Bloomington, Illinois - Legislative Update. 1999 Guest lecturer at Illinois Tax Increment Association, Spring Conference, Effingham, Illinois - TIF Planning is Not Mere Words. 2000 H:TWKResumePersonal Resume (Long Form) -10- Rev. 7-30-2008
  • 11. Guest lecturer at School Law Conference for Administrators, Teachers & Board Members, Western Illinois University, Macomb, Illinois - Expulsion Procedure: How to Avoid a Constitutional Challenge. ILGL 7th Annual Conference, Joliet, Illinois - Student Expulsion : The Decatur Experience. 2001 Guest lecturer at School Law Conference for Administrators, Teachers & Board Members, Holiday Inn, Moline, Illinois - Recap of the Attorney General Opinions Affecting Schools and Local Government. 2002 ILGL 9th Annual Conference, Joliet, Illinois - Home Rule: Survey of Popular Uses 1986-2000. 2003 ILGL 10th Annual Conference, Chicago, Illinois - Zoning Hearings Post-Klaeren Other Guest lecturer at public forums with regard to Illinois constitutional home rule referenda issues for approximately 35 Illinois municipalities between the years 1975 and 2004. H:TWKResumePersonal Resume (Long Form) -11- Rev. 7-30-2008