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Public Access Laws Public Meetings

Franczek P.C.

PAC Issues Binding Decision Regarding “Open and Convenient” Meeting Requirement

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The Illinois Public Access Counselor (PAC) issued its tenth binding opinion of the year, finding the Village of Dolton Board of Trustees violated the Open Meetings Act (OMA) by failing to make two Board meetings convenient...more

Pullman & Comley - School Law

Welcome To The Board: What New Board Members Need To Know About The FOIA

Congratulations on your election to the board of education and thank you for volunteering your time to your community.  As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

Franczek P.C.

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

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The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more

Franczek P.C.

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Franczek P.C. on

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

Pullman & Comley - Labor, Employment and...

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

Franczek P.C.

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

Franczek P.C. on

In a recent binding opinion, the PAC found a public body in violation of the Open Meetings Act (OMA) for restricting the content of public comment where a member of the public attempted to discuss the District’s hiring...more

Franczek P.C.

PAC Issues Non-Binding Opinions Regarding Applicability of OMA to Board Committees

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The Illinois Public Access Counselor (PAC) recently issued two non-binding opinions concerning the applicability of Open Meetings Act (OMA) requirements to board committees....more

Franczek P.C.

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

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Governor Pritzker recently signed into law Public Act 103-0311 (previously HB 2447), which amends two key provisions in the Open Meetings Act (“OMA”) effective as of July 28, 2023....more

Franczek P.C.

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Open Meetings Act (OMA). In the opinion, the PAC determined that three city council members did not violate the OMA when they exchanged...more

Franczek P.C.

PAC Issues Binding Opinion Regarding Public Business Discussions at Informal “Meet and Greet”

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Open Meetings Act (OMA). In the decision, the PAC found that the public body violated the OMA by holding an improper meeting when it hosted a...more

Dinsmore & Shohl LLP

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

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In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the...more

Pullman & Comley - School Law

Permanent Changes to the FOIA Regarding Remote and Hybrid Meetings

On April 28, 2022, Governor Lamont signed Public Act 22-3, which makes permanent changes to Connecticut’s Freedom of Information Act (FOIA) so as to preserve the ability of public agencies (such as school boards) to conduct...more

Pullman & Comley - School Law

The FOIA and the Pandemic: New (temporary?) Provisions on “Remote” and “Hybrid” Meetings for Public Agencies

The “budget implementer” bill that was passed in June amends Connecticut’s Freedom of Information Act (“FOIA”), preserving, at least temporarily, elements of pandemic-era Executive Orders concerning “remote” and “hybrid”...more

Franczek P.C.

PAC Issues Two New Binding Opinions, Clarifying Requirements Under the OMA and FOIA

Franczek P.C. on

The Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—recently issued two binding opinions clarifying...more

Franczek P.C.

Illinois Appellate Court Finds Improper Use of OMA Litigation Exemption

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The Illinois Appellate Court recently issued an opinion providing additional guidance about the “probable or imminent” litigation exception to the Open Meetings Act (OMA) open meeting requirement....more

Franczek P.C.

PAC Rejects Public Body’s Limitation on Criticism of Public Officials Absent Actual Disruption

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In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a city...more

Franczek P.C.

First Quarter 2021 Illinois FOIA & OMA Update

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PRE-DECISIONAL & DELIBERATIVE PROCESS UPDATES U.S. - SUPREME COURT DECISION - On March 4, 2021, the U.S. Supreme Court issued a decision in United States Fish and Wildlife Service v. Sierra Club addressing the “deliberative...more

Franczek P.C.

Muting Mishap: Illinois PAC Opinions on Use of “Sidebars” During Virtual Meetings

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During an in-person meeting of a public body, it is not uncommon for individuals to have sidebar discussions. Such discussions do not necessarily violate any rules or laws, including the Illinois Open Meetings Act. But what...more

Franczek P.C.

Amendment to OMA Permitting Boards to Meet Virtually Is Pending Governor's Approval

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On May 23, the Illinois General Assembly passed Senate Bill 2135, which in part amended the Open Meetings Act to permit, and set conditions for, conducting board meetings by audio or video conference without the physical...more

Franczek P.C.

Illinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA

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In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more

Davis Wright Tremaine LLP

Washington Enacts Emergency Limitations on Public Meetings, Public Records

On March 24, 2020, Washington Governor Jay Inslee issued an Emergency Proclamation that alters and suspends for 30 days provisions of the state Open Public Meetings Act (OPMA) and Public Records Act (PRA). ...more

Pullman & Comley - School Law

Governor Lamont’s Executive Order and the FOIA’s “Open Meetings” Requirements

While there are more urgent public health issues to consider, the outbreak of the Coronavirus (COVID-19) has caused practical concerns regarding how public agencies can comply with Connecticut’s Freedom of Information Act...more

Franczek P.C.

UPDATED: OMA and FOIA Requirements Amidst School Closures

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In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more

Franczek P.C.

The Top Five Takeaways from the Public Access Counselor’s 2019 Binding Opinions

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The Illinois Attorney General’s Public Access Counselor was once again busy during 2019, issuing binding decisions of interest to public entities governed by the Illinois Open Meetings Act and Freedom of Information Act....more

Arnall Golden Gregory LLP

Georgia First Amendment Foundation Publishes Updated Guide to the State’s Open Meetings and Records Laws

The Georgia First Amendment Foundation, in cooperation with Georgia’s Office of the Attorney General, has published an updated edition of its Red Book, Sunshine Laws: A Guide to Open Government in Georgia (the “Red Book”). ...more

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