News & Analysis as of

Open Meetings Act Public Meetings

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

Miller Canfield

Municipal Retirement Boards and Joint Energy Boards May Now Hold Electronic Meetings Under the OMA

Miller Canfield on

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

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.

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

Franczek P.C. on

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

Franczek P.C.

PAC Issues Non-Binding Opinions Regarding Applicability of OMA to Board Committees

Franczek P.C. on

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

Franczek P.C.

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

Franczek P.C. on

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

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

Franczek P.C.

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Franczek P.C. on

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

Bowditch & Dewey

Remote Access to Public Meetings Extended to 2025

Bowditch & Dewey on

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

Franczek P.C.

PAC Issues Binding Opinion Regarding Public Business Discussions at Informal “Meet and Greet”

Franczek P.C. on

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

Franczek P.C.

Appellate Court Dismisses Claims Barred by OMA’s 60-Day Statute of Limitations

Franczek P.C. on

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

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

Roetzel & Andress

Ohio Supreme Court Restores the Presumption of Regularity for Executive Session Deliberations

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Public bodies rejoiced over the Ohio Supreme Court’s opinion in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners this past holiday season. The largely contentious case drew statewide attention...more

Bricker Graydon LLP

Ohio Supreme Court willing to “presume” proper conduct in executive session

Bricker Graydon LLP on

The Open Meetings Act (“OMA”) requires Ohio’s public entities to conduct all deliberations and make all decisions in meetings that are open to the public. However, a public body can meet in executive session to discuss...more

Foster Garvey PC

Washington Open Public Meetings Act Update

Foster Garvey PC on

All changes to the Open Public Meetings Act (“OPMA”) under ESHB 1329 are now in effect. Here’s what you need to know....more

Farrell Fritz, P.C.

New York State Adopts New Law Governing Public Meetings by Videoconference

Farrell Fritz, P.C. on

As part of the 2022 adopted State Budget, the New York State Legislature amended the Open Meetings Law (Public Officers Law § 100, et seq.) to authorize public bodies to conduct meetings using videoconference technology...more

Bricker Graydon LLP

Does the OMA presume public officials mean what they say?

Bricker Graydon LLP on

In late April, the Ohio Supreme Court heard oral arguments in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners, a largely contentious Open Meetings Act (OMA) appeal that may intensify public...more

Schwabe, Williamson & Wyatt PC

Washington’s Legislature Makes Notable Changes to the Open Public Meetings Act ‎

Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same....more

Miller Canfield

Michigan AG: Public Bodies Must Offer Reasonable Accommodations Under the ADA Which Could Include a Remote Participation Option...

Miller Canfield on

On February 4, 2022, Michigan Attorney General Dana Nessel opined that the Americans with Disabilities Act (the "ADA") requires public bodies to afford an individual with a disability a reasonable accommodation to participate...more

Cranfill Sumner LLP

The Danger of Open Meetings Violations

Cranfill Sumner LLP on

Compliance with the Open Meetings Law is an ongoing, ever-present obligation for all North Carolina public boards.  The advent of Governor Cooper’s COVID-19 State of Emergency declaration prompted additional open meetings...more

Ballard Spahr LLP

New York State Open Meetings Law Amendments Effective November 18, 2021

Ballard Spahr LLP on

New York State public bodies subject to the Open Meetings Law must now post on their website, or provide upon request, “at least 24 hours” prior to any public meetings, any documents that will be discussed or considered...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

Manatt, Phelps & Phillips, LLP

Is California’s Open Meetings Law a ‘Long Haul’ COVID-19 Victim?

New Law Permits Local Governments to Continue to Meet Remotely Until 2024 - California’s historic open meeting law, the Ralph M. Brown Act, requires that local governments conduct their business in public meetings and...more

Farrell Fritz, P.C.

New Law Authorizes Virtual Option for Public Meetings

Farrell Fritz, P.C. on

On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the...more

McNees Wallace & Nurick LLC

Compliance with the Sunshine Act Amendments: What Pennsylvania Public Agencies Need to Know

With the effective date of recent amendments to Pennsylvania’s open meetings law, commonly known as the Sunshine Act, rapidly approaching on August 29, 2021, Pennsylvania public agencies, including but not limited to School...more

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