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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

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

School Law Legislative Update: New Laws in Effect for 2024

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

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

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

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

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

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

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

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

PAC Upholds School Board’s Limitation on Public Comment Duration

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

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

First Quarter 2021 Illinois FOIA & OMA Update

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

PAC Issues Further Decisions on Public Comment and Participation for Remote Meetings Under OMA

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

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

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

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