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North Carolina Legislative Report

The General Assembly’s short session will begin on Wednesday, May 14, 2014. The MVA Public Affairs Legislative Report on North Carolina will be distributed bi-weekly to keep you up to date on the latest legislative issues...more

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

FOIA Requests: Boards of Education May Now Impose an Hourly Search Fee

A recent decision by the West Viginia Supreme Court of Appeals has now paved the way for public bodies, including boards of education, to impose a reasonable hourly search fee for Freedom of Information Act (FOIA) requests....more

Cities Asking Congress to Support Dwindling Public, Educational and Government (PEG) Channels

Public, educational and government (PEG) channels across the U.S. have been closing and consolidating over the last few years. This is the result of: (1) the economic downturn’s impact on municipal funding, (2) an...more

OOPS and the FOIA, Part 2: Dacey v. Easton Board of Education and the Need For a Subcommittee to Comply With The FOIA

There are times where a public agency may get so caught up with solving an existing problem that it will lose sight of the need to comply fully with the Freedom of Information Act [“FOIA”] and thus create what could...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Office of Management and Budget Releases New “Omni-Circular” Uniform Administrative Requirements, Cost Principles, and Audit...

On December 26, 2013, the Office of Management and Budget (“OMB”) released a comprehensive guidance that makes changes to the fragmented existing guidance on Administrative Requirements, Cost Principles, and Audit...more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

Court Upholds School District’s Transfer Of Money From Working Cash Fund

The Illinois Appellate Court recently upheld a lower court’s decision to strike down challenges to a school district’s use of its working cash fund. This case builds upon a recent amendment to the Working Cash Fund Article of...more

Does your County’s Personnel Agenda Comply with the Open Governmental Proceedings Act?

As we begin to hold personnel hearings for “Personnel Season” a question that seems to come up often concerns the listing of individual employee names on county board of education agendas. Many administrators are,...more

Brown Act Amendment Now Requires Recordation of Actions Taken During Open Sessions

Senate Bill 751 amends Government Code section 54953 to require the legislative body of a local agency to publicly report any action taken and the vote or abstention on that action of each member present for the action. This...more

New Board Members’ Homework

It is that time of year when newly elected board of education members are settling in to their positions and starting to assume responsibility for overseeing their respective municipality’s public school district. To help...more

Local Agencies May Submit Claims for State Reimbursement of Public Records Act Costs

Claims Must Be Filed No Later Than February 28, 2014 - The Office of the State Controller (SCO) has released instructions for local agencies to submit claims for state reimbursement of costs incurred between fiscal...more

Recent Appellate Court Decision Reminder Of Student Records Protections In Adversarial Proceedings

In a recent decision, the Illinois Appellate Court held that it is not an unfair labor practice for a school district to refuse to release school student records to a union in a grievance proceeding without a court order or...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

Court Rules That Delayed Compliance With A FOIA Request Remains A Violation

In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Freedom of Information Act (FOIA) where the public body initially willfully ignored its obligation to respond to a FOIA...more

What Public Administrators Can Learn from the Catholic Scandal

Public administrators need to be aware of good crisis management approaches. Mr. Tom Barth has written an interesting article drawing out lessons for public administrators from the Catholic Church's failures and successes in...more

Next Accreditation System – Interview with Andy Roth, Member, Mintz Levin [Video]

Attorney Andy Roth, Member of Mintz Levin's Health Law Practice, explains the changes to the ACGME’s accreditation methodology with the adoption of the Next Accreditation System (NAS). ...more

New Law Requires Local Public Agencies in California To Notify Anyone Affected by a Security Breach

Cities, Counties, Special Districts and School Districts Must Now Notify Those Impacted by Security Breaches - Gov. Jerry Brown recently signed Assembly Bill 1149 (AB 1149) and Senate Bill 46 (SB 46) into law,...more

2013 Legislative Update: Summary Of Changes In School Law

In This Issue: - ADMINISTRATION ..Hazing ..Firearm Concealed Carry Act ..School Safety Drills ..Medical Insurance for Interscholastic Athletes ..Insurance ..Duties of a Principal ...more

Meeting Held 26 Miles From District Office Violates OMA

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

By The Book - August 2013: The National Labor Relations Board’s Jurisdiction Over Religious Colleges and Universities

The Acting Regional Director of Region 2 of the National Labor Relations Board (NLRB) issued a decision that the NLRB had jurisdiction to conduct an election for adjunct faculty members employed by Manhattan College, a...more

Illinois Court Opinion Clarifies Key FOIA Provisions

Recently, the Illinois Appellate Court clarified three key provisions of the Illinois Freedom of Information Act: the “predecisional” or “deliberative process” exemption; the exemption for unwarranted invasion of personal...more

Adjudication Explained Along with its Strengths and Weaknesses of Adjudicating Disputes.

A detailed analysis of adjudication as a form of dispute resolution. This involves a comparative case study of different jurisdictions and in particular their approaches to security of payment legislation, laws that rely...more

Arbitration Explained Along with its Strengths & Weaknesses.

The booklet 'Arbitration Explained Along with its Strengths & Weaknesses' is a 'SWOT' analysis of the virtues and short comings of arbitration, written by Kim Lovegrove FAIB, Conjoint Professor in Building Regulation and...more

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