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PAC Issues Binding Opinion Regarding Alleged OMA Violations for Improper Board Meeting Action and Remote Participation

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

How to Identify State Action in the Context of Public Officials Using Social Media

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

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

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

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

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

Recommended Board Policy Update to Comply with New Competitive Bidding Threshold

As we detailed in a prior alert, Section 10-20.21 of the School Code was amended to increase the competitive bidding threshold from $25,000 to $35,000. The amendments went into effect January 1, 2024....more

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

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

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

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

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

New Law Allows School Districts to Enter Design-Build Contracts

Governor Pritzker recently signed P.A. 103-0491 (previously SB 1570) into law, which will allow school districts to enter into design-build contracts—as opposed to the currently available design-bid-build delivery...more

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

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

PAC Finds FOIA Violation for Police Department’s Failure to Produce Records of Teacher Charged with Assaulting Student

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Freedom of Information Act (FOIA). In the opinion, the PAC concluded that a police department violated the FOIA by withholding records...more

Illinois Passes New Law Increasing the Competitive Bidding Threshold for Schools

This month, Governor Pritzker signed Public Act 103-0008 (House Bill 3817) into law, which establishes the Budget Implementation Act for fiscal year 2024. While there are a multitude of amendments to the Act, one significant...more

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

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

The Era of Fully Remote Board Meetings Is Over: Returning to Pre-COVID Remote Attendance Requirements

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

Checklist for End of COVID Health Emergency

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

PAC Issues 2022 Annual Report, Summarizing Significant Binding and Non-Binding Opinions

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

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

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

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Federal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules

The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech at school board...more

PAC Issues Binding Decision Regarding OMA Related to Closed Session Discussions

The Illinois Public Access Counselor (PAC) recently issued a binding decision, PAC 22-012, regarding the Open Meetings Act (OMA), finding that a board of education’s closed session discussions violated the OMA at separate...more

Illinois Passes New Law Exempting Food Service Agreements from Lowest Responsible Bidder Requirement

On June 29, 2022, Governor Pritzker signed Public Act 12-1101 (House Bill 4813) into law, amending Section 10-20.21 of the Illinois School Code, which generally requires contracts that are subject to the bidding process to be...more

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

Supreme Court Issues Decision Affirming a Public Body’s Right to Censure Board Member

In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more

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