News & Analysis as of

Open Meetings Act Freedom of Information Act

Franczek P.C.

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

Franczek P.C. on

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

Franczek P.C.

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Franczek P.C. on

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

Franczek P.C.

2023 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

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.

School Law Legislative Update: New Laws in Effect for 2024

Franczek P.C. on

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

Clark Hill PLC

Michigan Court of Appeals Examines Provisions of the Open Meetings Act

Clark Hill PLC on

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

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court of Virginia Strikes Down County Zoning Overhaul Adopted via Electronic Meetings during COVID-19 Pandemic

Local government actions must comply with the in-person open meeting requirements of the Virginia Freedom of Information Act....more

Cozen O'Connor

Fairfax County Zoning Ordinance Declared Void

Cozen O'Connor on

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

Venable LLP

Virginia Supreme Court Strikes Down Fairfax County Zoning Ordinance Amendment

Venable LLP on

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

Holland & Knight LLP

Supreme Court of Virginia Invalidates Fairfax County Zoning Ordinance

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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

Miller Canfield

The Legalities of Social Media

Miller Canfield on

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

Franczek P.C.

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

Franczek P.C. on

In a rare binding opinion, 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)—issued a new binding...more

Franczek P.C.

PAC Issues Two New Binding Opinions, Clarifying Requirements Under the OMA and FOIA

Franczek P.C. on

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

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

Franczek P.C. on

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 board of...more

Clark Hill PLC

Michigan Court of Appeals Rules That Document Used in Closed Session Is Subject to Disclosure Under FOIA

Clark Hill PLC on

On May 13, the Michigan Court of Appeals issued a decision addressing the Open Meetings Act (“OMA”) and Freedom of Information Act (“FOIA”). The case is scheduled for publication and is titled: Traverse City Record-Eagle...more

Franczek P.C.

PAC Rejects Public Body’s Limitation on Criticism of Public Officials Absent Actual Disruption

Franczek P.C. on

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

Franczek P.C.

First Quarter 2021 Illinois FOIA & OMA Update

Franczek P.C. on

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

Franczek P.C.

COVID-19 Update for Public Bodies Regarding FOIA and OMA Compliance

Franczek P.C. on

As with most issues relating to the coronavirus disease 2019 (COVID-19), expectations regarding the holding of public meetings have been evolving rapidly over the past few days. ...more

Pullman & Comley - School Law

Governor Lamont’s Executive Order and the FOIA’s “Open Meetings” Requirements

While there are more urgent public health issues to consider, the outbreak of the Coronavirus (COVID-19) has caused practical concerns regarding how public agencies can comply with Connecticut’s Freedom of Information Act...more

Franczek P.C.

The Top Five Takeaways from the Public Access Counselor’s 2019 Binding Opinions

Franczek P.C. on

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

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

Franczek P.C. on

The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Franczek P.C.

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

Franczek P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Franczek P.C.

End-of-Year Decisions by The PAC Provide Cautionary Notes to Public Bodies

Franczek P.C. on

In the last month and a half of 2017, the Public Access Counselor of the Illinois Attorney General’s Office issued three binding opinions, one addressing the Open Meetings Act (OMA) and two addressing the Freedom of...more

Franczek P.C.

Two New PAC Opinions Provide Clarification to School Districts on Meeting Agendas and Redacting Information from FOIA Responses

Franczek P.C. on

Recently, the Illinois Public Access Counselor (PAC) issued two opinions – one advisory and one binding – that reiterate the requirements of the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA)....more

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

Use Caution when Monitoring Comments on Your School’s Social Media Page

Franczek P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

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