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Public Meetings State and Local Government Open Meetings Act

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

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.

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

Franczek P.C. on

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

Clark Hill PLC

Michigan Court of Appeals Examines Provisions of the Open Meetings Act

Clark Hill PLC on

In its recent decision, Hindelang v. City of Grosse Pointe, the Michigan Court of Appeals (“Court”) has offered clarification and some helpful reminders for compliance with the Open Meetings Act (“OMA”). In a case involving...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

Miller Canfield

The Legalities of Social Media

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In today's world of technology and communications, communities are increasingly reaching their residents and marketing their services through social media. It has become common for cities, villages, and nearly all forms of...more

Bricker Graydon LLP

Ohio Supreme Court willing to “presume” proper conduct in executive session

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The Open Meetings Act (“OMA”) requires Ohio’s public entities to conduct all deliberations and make all decisions in meetings that are open to the public. However, a public body can meet in executive session to discuss...more

Bricker Graydon LLP

Does the OMA presume public officials mean what they say?

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In late April, the Ohio Supreme Court heard oral arguments in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners, a largely contentious Open Meetings Act (OMA) appeal that may intensify public...more

Schwabe, Williamson & Wyatt PC

Washington’s Legislature Makes Notable Changes to the Open Public Meetings Act ‎

Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same....more

Ballard Spahr LLP

New York State Open Meetings Law Amendments Effective November 18, 2021

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New York State public bodies subject to the Open Meetings Law must now post on their website, or provide upon request, “at least 24 hours” prior to any public meetings, any documents that will be discussed or considered...more

Manatt, Phelps & Phillips, LLP

Is California’s Open Meetings Law a ‘Long Haul’ COVID-19 Victim?

New Law Permits Local Governments to Continue to Meet Remotely Until 2024 - California’s historic open meeting law, the Ralph M. Brown Act, requires that local governments conduct their business in public meetings and...more

Farrell Fritz, P.C.

New Law Authorizes Virtual Option for Public Meetings

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On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the...more

McNees Wallace & Nurick LLC

Compliance with the Sunshine Act Amendments: What Pennsylvania Public Agencies Need to Know

With the effective date of recent amendments to Pennsylvania’s open meetings law, commonly known as the Sunshine Act, rapidly approaching on August 29, 2021, Pennsylvania public agencies, including but not limited to School...more

Jackson Walker

Governor Abbott Lifts Suspension of Certain Texas Open Meetings Act Provisions

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At the outset of the COVID-19 pandemic, on March 16, 2020, at the Attorney General’s request, Governor Greg Abbott utilized Section 418.016 of the Government Code to suspend certain requirements of the Texas Open Meetings Act...more

Adler Pollock & Sheehan P.C.

Proposed Rhode Island Open Meetings Act Legislation

Since the onset of the COVID-19 pandemic, Rhode Island public bodies have been authorized to meet remotely pursuant to Executive Orders issued by the Rhode Island Governor’s Office...more

Bricker Graydon LLP

Local governments: The end of the virtual public meeting? All is not lost

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Throughout the COVID-19 pandemic, the work of public entities had to continue. Amended Substitute House Bill 197 made that possible, by modifying the requirements of R.C. 121.22 to permit public bodies to meet by...more

Bricker Graydon LLP

Municipalities: The end of the virtual public meeting? All is not lost

Bricker Graydon LLP on

Throughout the COVID-19 pandemic, the work of public entities had to continue. Amended Substitute House Bill 197 made that possible, by modifying the requirements of R.C. 121.22 to permit public bodies to meet by...more

Nossaman LLP

Update on Executive Order N-29-20

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Unbelievably, it was March 17, 2020, when Governor Gavin Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part), which allows local or state legislative bodies to hold meetings via teleconference and...more

Perkins Coie

Deliberate Delay in Prosecuting Brown Act Claims Warranted Dismissal Under Laches Doctrine

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Plaintiff’s Brown Act claims were barred because unreasonable delay in prosecuting the lawsuit substantially prejudiced parties and the general public. Julian Volunteer Fire Company Association v. Julian-Cuyamaca Fire...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

Franczek P.C. on

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

Miller Canfield

Authority to Hold Electronic Meetings Under Michigan Open Meetings Act Now Limited

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On March 30, 2021, the authority for Michigan public bodies to hold electronic "virtual" meetings for any reason under the Michigan Open Meetings Act ("OMA") expired. Thus, starting on March 31, 2021, and continuing until...more

Dickinson Wright

Electronic Public Meetings – Time-Sensitive Steps For Local Units of Government To Take Now In The Face of Uncertain Future...

Dickinson Wright on

Michigan’s Open Meetings Act (OMA) has been amended a number of times since the beginning of the COVID-19 pandemic to address and allow electronic meetings under certain circumstances. The current state of the law is that...more

Clark Hill PLC

Recent Michigan Open Meetings Act Amendments Significantly Limit Remote Meetings or Participation After March 31, 2021

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In October 2020, and then again in December 2020, the Michigan Legislature amended the Open Meetings Act to expressly permit remote meetings of public bodies while the COVID-19 pandemic continued. The initial amendment became...more

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