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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

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

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 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

Virtual Board Meetings may Soon be coming to an End

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

Is the End Near? For Virtual Board Meetings in Illinois, It May Soon Be

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

Illinois Appellate Court Finds Improper Use of OMA Litigation Exemption

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

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

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

Muting Mishap: Illinois PAC Opinions on Use of “Sidebars” During Virtual Meetings

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

New OMA Requirements for Virtual Meetings Are Now Law

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

Amendment to OMA Permitting Boards to Meet Virtually Is Pending Governor's Approval

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

Illinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA

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

Governor’s Executive Order 2020-15 Permits Electronic Bid Openings for School District Construction Projects

On Friday, Governor Pritzker issued Executive Order 2020-15 allowing school districts to communicate, respond to, and open bids electronically for school construction projects.  Section 10-20.21 of the Illinois School Code...more

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

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

UPDATED: OMA and FOIA Requirements Amidst School Closures

In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

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

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

Illinois Open Meetings Act Amended: Closed Session Exception Expanded

Effective August 26, 2019, the Illinois Open Meetings Act has been amended, expanding the closed meeting exception to include discussion of personnel matters of independent contractors or volunteers in a closed meeting. ...more

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

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