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The PAC Strictly Interprets the “Probable or Imminent Litigation” Exception for Closed Session

Recently, the Public Access Counselor (PAC) issued a rare binding opinion finding that the City Council of Bloomington violated the Open Meetings Act when it held a closed meeting to discuss potential litigation that the PAC...more

Appellate Court Holding Extends FOIA to College Foundation

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

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

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

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

PAC Finds FOIA Violation over Redactions in Governor Rauner’s Calendar

The PAC recently issued a binding opinion finding that the office of Illinois Governor Bruce Rauner violated the requirements of the Freedom of Information Act by delaying its response to a FOIA request, and improperly...more

11/30/2015  /  FOIA , PACs , Public Access Laws

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

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

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

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

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