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
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
1/23/2024
/ Attorney-Client Privilege ,
Budgets ,
Compensation & Benefits ,
Employees ,
Firemen ,
FOIA ,
Open Meetings Act ,
Public Access Laws ,
Public Hearing ,
Public Meetings ,
State and Local Government ,
Statutory Violations
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
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
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
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
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
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
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
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
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
4/20/2021
/ Attorney's Fees ,
FOIA ,
Open Meetings Act ,
Police Reports ,
Public Access Laws ,
Public Entities ,
Public Meetings ,
Public Records ,
Public Schools ,
Reasonableness Factors ,
Sexual Assault
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
On Friday, June 12, Illinois Governor J.B. Pritzker signed Public Act 101-640,?which, among other things, amends the Open Meetings Act to allow public bodies to hold virtual board meetings without the physical presence of a...more
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
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
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
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
12/11/2019
/ Best Practices ,
Binding Precedent ,
FOIA ,
Non-Residents ,
Open Meetings Act ,
Public Access Laws ,
Public Entities ,
Public Meetings ,
Request For Information ,
School Boards ,
State and Local Government
In a recent nonbinding letter, the Illinois Attorney General’s Public Access Counselor reportedly requested that public boards allow members of the public to speak about concerns with the conduct of specific board members. ...more
The Public Access Counselor of the Illinois Attorney General’s office recently issued a binding opinion holding that a board of trustees for a fire protection district violated section 2.01 of the OMA by “holding a meeting at...more
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