The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a...more
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
On February 13, 2024, Public Act 214 of 2023 (“PA 214”) takes effect, amending Michigan's Open Meetings Act to give some public bodies greater freedom in holding electronic meetings....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
As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more
Franczek P.C. is pleased to announce the publication of its Legislative Update for schools. A PDF version of the 2024 School Law Legislative Update is now available...more
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
Maybe it was inevitable. Anyone who has seen another state award competitive licenses for a limited number of cannabis operators knew well that Alabama’s process would result in litigation. That was not an indictment of...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
There is a scene in the fantastic film Wayne’s World (cult classic or blockbuster, I don’t know; I just write blogs about cannabis) where Wayne and Garth are playing street hockey and whenever a car drives down the street...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
In a court hearing yesterday in the Montgomery County Circuit Court, it appeared that the staff of the Alabama Medical Cannabis Commission was prepared to move forward announcing licensees at its meeting on Thursday and that...more
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
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
Local government actions must comply with the in-person open meeting requirements of the Virginia Freedom of Information Act....more
As we announced on our blog last week, Governor Pritzker’s COVID-19 disaster proclamation ended on May 11. This signals the end of optional remote attendance at meetings and a return to pre-COVID era requirements for remote...more
Governor Pritzker’s disaster proclamation, declaring a public health emergency due to COVID-19, ends today, May 11, 2023. As a result, COVID-leave rights, and other rights contingent upon the Governor’s public health...more
In addition to extending the provisions pertaining to the expanded patio service of alcoholic beverages and the ability to sell alcoholic beverages for takeaway and delivery, Chapter 2 of the Acts of 2023, signed by Governor...more
The Public Access Counselor (“PAC”) recently issued its Annual Report, which provides an overview of binding PAC opinions and non-binding determination letters issued in 2022, among other topics. We reported on several of the...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 Virginia Supreme Court ruled last week in Berry v. Board of Supervisors of Fairfax County that the Fairfax County Zoning Ordinance, known as “zMOD,” is void ab initio and has had no legal effect since it was adopted by...more
Last Thursday, the Supreme Court of Virginia, in Berry v. Board of Supervisors, struck down the Fairfax County Zoning Ordinance Amendment, familiarly known as zMod, which had been in effect since July 1, 2021....more
The Supreme Court of Virginia on March 23, 2023, published an opinion invalidating Fairfax County's Zoning Ordinance, as adopted in 2021 (Z-Mod). The court found that Fairfax County's approval of Z-Mod during a virtual...more
Recently, the Illinois Appellate Court affirmed, in part, the dismissal of two claims under the Open Meetings Act (“OMA”) as time-barred under Section 3(a), which requires civil actions for OMA noncompliance to be filed...more
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