In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act (FOIA). Specifically, the...more
Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more
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
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
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
Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more
On Friday, June 25, 2021, Governor Pritzker extended the Disaster Declaration related to COVID-19 for another 30 days. Pursuant to the declaration, public bodies may continue to hold virtual meetings in accordance with the...more
On Friday, June 25, 2021, Governor Pritzker extended the Disaster Declaration related to COVID-19 for another 30 days. Pursuant to the declaration, public bodies may continue to hold virtual meetings in accordance with the...more
The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more
In a recent decision, the Illinois Supreme Court reviewed commonly used contract language regarding the Prevailing Wage Act. This decision should put public bodies on notice to carefully review bid, purchase order, and other...more
The Illinois Appellate Court recently issued an opinion providing additional guidance about the “probable or imminent” litigation exception to the Open Meetings Act (OMA) open meeting requirement....more
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
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
4/20/2021
/ Attorney's Fees ,
FOIA ,
Open Meetings Act ,
Police Reports ,
Public Access Laws ,
Public Entities ,
Public Meetings ,
Public Records ,
Public Schools ,
Reasonableness Factors ,
Sexual Assault
During an in-person meeting of a public body, it is not uncommon for individuals to have sidebar discussions. Such discussions do not necessarily violate any rules or laws, including the Illinois Open Meetings Act. But what...more
In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more
8/18/2020
/ Department of Corrections ,
Exemptions ,
FOIA ,
Intellectual Property Protection ,
PACs ,
Proprietary Information ,
Public Access Laws ,
Public Records ,
Request For Information ,
Third-Party ,
Trade Secrets
Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what constitutes a reasonable...more
8/12/2020
/ Civil Monetary Penalty ,
Criminal Investigations ,
Email ,
Failure to Comply ,
FOIA ,
Mobile Devices ,
Murder ,
Public Access Laws ,
Public Records ,
Request for Production ,
School Districts ,
Search & Seizure ,
Text Messages
We understand that at least one school district insurance cooperative has informed its member school districts that the liability coverage carried by the cooperative excludes coverage for liability claims related to COVID-19....more
On June 26, 2020, Illinois Governor J.B. Pritzker extended by 30 days, until July 26, 2020, the disaster proclamation relating to COVID-19. As a result, public bodies may continue to hold virtual board meetings pursuant to...more
On Friday, June 12, Illinois Governor J.B. Pritzker signed Public Act 101-640,?which, among other things, amends the Open Meetings Act to allow public bodies to hold virtual board meetings without the physical presence of a...more
As discussed in previous alerts posted on March 16 and March 18, Illinois Governor J.B. Pritzker passed an Executive Order suspending certain Open Meetings Act (OMA) requirements in the wake of COVID-19. Since the issuance of...more
On May 23, the Illinois General Assembly passed Senate Bill 2135, which in part amended the Open Meetings Act to permit, and set conditions for, conducting board meetings by audio or video conference without the physical...more
States may now apply for their share of the Elementary and Secondary School Emergency Relief (ESSERS) Fund – the $13.2 billion fund under the CARES Act that will be allocated to states based on the proportions of Title IA...more
In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more
As we discussed in alerts on March?16 and March 18, a recent Executive Order by Illinois Governor J.B. Pritzker suspended certain Open Meetings Act (OMA) requirements to allow flexibility on issues of quorum and remote...more
We understand that certain transportation vendors are claiming that the recently passed CARES Act requires full or nearly full payment from school districts even if no transportation services are provided during school...more