Personal Resume

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)

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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).

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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.

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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).

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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.

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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

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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.

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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.

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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.

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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

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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.

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