Brian P. Crowley

Brian P. Crowley

Franczek Radelet P.C.

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Court Rules that Final Board Action Requires a Public Recital that Includes the Key Terms of an Action Item

In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Open Meetings Act (OMA) where the public body failed to include the key terms in its public recital approving two action...more

12/1/2016 - Open Meetings Act Section 2(e)

PAC Ruling Further Clarifies Impermissible Restrictions on Public Comment

One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more

11/9/2016 - Open Meetings Act Public Access Laws Public Comment Public School Boards

Attorney General (PAC) Deems RIF Joint Committee for Teacher Placement Subject to OMA

The Public Access Counselor (PAC) division of the Attorney General’s Office recently held that the reduction in force joint committee (the “Joint Committee”) was subject to the requirements of the Open Meetings Act (OMA)....more

10/25/2016 - Board Meetings Board of Education Educational Institutions Open Meetings Act Public Access Laws School Districts

Appellate Court Affirms Circuit Court Reversal of PAC Opinion on OMA Violation

Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation...more

12/22/2015 - Open Meetings Act Public Access Laws School Districts Separation Agreement

PAC Actions Offer Guidance on the Scope of the Unduly Burdensome Exception to FOIA

In October, the PAC released a written response to a FOIA request that it denied because it would be unduly burdensome under Section 3(g) of FOIA. 5 ILCS 140/3(g). The request asked for “Public Access Counselor determinations...more

11/30/2015 - Department of Transportation (DOT) FOIA Open Meetings Act PACs Public Access Laws

PAC Finds Village Board in Violation of OMA on Multiple Counts

The PAC recently issued a binding opinion ruling against a local village board for failing to provide proper notice and state a valid exception to enter closed session in violation of the Open Meetings Act (OMA). In PAC...more

8/31/2015 - Board Meetings Open Meetings Act PACs Police

PAC Rules on Two OMA Cases

The Illinois Attorney General’s Public Access Counselor (PAC) issued two non-binding opinions in July related to the Open Meetings Act (OMA). In one opinion, the PAC found that a school district did not violate the OMA when...more

8/11/2015 - Educational Institutions Open Meetings Act PACs Policy Violations Public Comment Public School Boards

PAC Rules Collective Bargaining Preparatory Meetings are Subject to OMA

In a non-binding opinion, the Public Access Counselor (PAC) held that a school district violated the Open Meetings Act (OMA) when the board’s negotiations team, which included three board members, held a meeting to discuss...more

8/4/2015 - Collective Bargaining Compliance Educational Institutions Open Meetings Act Public School Boards School Districts Teachers Unions

PAC Upholds Board Action: No OMA Violation for Private Emails

In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more

7/13/2015 - Board Meetings Board of Education Educational Institutions Electronic Communications Email Open Meetings Act Public Access Laws School Districts

Circuit Court of Springfield Overturns PAC Opinion on OMA Violation

An Illinois Circuit Court recently overturned a Public Access Counselor opinion. The Court held, contrary to the PAC, that the Board of Education of Springfield School District No. 186 did not violate Section 2(e) of the Open...more

11/26/2014 - Board of Education Open Meetings Act School Districts Separation Agreement Transparency

PAC Strikes Down Five Day Registration Requirement for Public Comment as Violation of OMA

The Public Access Counselor (PAC) in the Illinois Attorney General’s office recently issued a binding opinion regarding public participation in meetings held by public bodies. Section 2.06(g) of the Open Meetings Act...more

10/10/2014 - Open Meetings Act Public Comment

Appellate Court Enforces 60 Day Time-Bar on OMA Challenges

Recently, an appellate court in the Fifth District upheld a countywide sales tax implemented through the School Facility Occupation Tax Law. In doing so, the Court denied relief to an Open Meetings Act (OMA) challenge due to...more

10/2/2014 - Local Taxes Open Meetings Act Public Schools

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

8/26/2014 - Colleges Contractors FOIA Open Meetings Act Sexual Harassment Subcontractors Universities

Key Takeaways From Recent FOIA And OMA Decisions

The Illinois courts and the Attorney General’s Public Access Counselor (“PAC”) issued a flurry of decisions in May and June relating to the Illinois Freedom of Information Act (“FOIA”) and the Illinois Open Meetings Act...more

6/20/2013 - Department of Transportation (DOT) FOIA Notice Requirements Open Meetings Act Public Meetings Public Records Public Schools

Public Access Counselor Holds That Straw Poll Violates The Open Meetings Act

Recently, the Illinois Public Access Counselor rendered a binding opinion, holding that a committee violated the Open Meetings Act when it chose to recommend an individual to fill a vacancy on the committee and made that...more

5/23/2013 - Open Meetings Act Public Access Laws

Deadline for Open Meetings Act Training Approaches

The deadline for members of public bodies to take the Open Meetings Act training course is approaching fast. Pursuant to recent amendments to the OMA, members elected or appointed prior to January 1, 2012 must take the...more

11/30/2012 - Open Meetings Act

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