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Freedom of Information Act Open Meetings Act Public Access Laws

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Franczek P.C.

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

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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

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.

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

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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

Franczek P.C.

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

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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

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

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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

Franczek P.C.

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

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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

Franczek P.C.

First Quarter 2021 Illinois FOIA & OMA Update

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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

Pullman & Comley - School Law

Governor Lamont’s Executive Order and the FOIA’s “Open Meetings” Requirements

While there are more urgent public health issues to consider, the outbreak of the Coronavirus (COVID-19) has caused practical concerns regarding how public agencies can comply with Connecticut’s Freedom of Information Act...more

Franczek P.C.

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

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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

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

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The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Franczek P.C.

End-of-Year Decisions by The PAC Provide Cautionary Notes to Public Bodies

Franczek P.C. on

In the last month and a half of 2017, the Public Access Counselor of the Illinois Attorney General’s Office issued three binding opinions, one addressing the Open Meetings Act (OMA) and two addressing the Freedom of...more

Franczek P.C.

The PAC Strictly Interprets the “Probable or Imminent Litigation” Exception for Closed Session

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Recently, the Public Access Counselor (PAC) issued a rare binding opinion finding that the City Council of Bloomington violated the Open Meetings Act when it held a closed meeting to discuss potential litigation that the PAC...more

Franczek P.C.

The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

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In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a...more

Franczek P.C.

2016 Legislative Update: Summary of Changes in School Law

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BOARDS OF EDUCATION - ENFORCEMENT OF BINDING PUBLIC ACCESS COUNSELOR OPINIONS - Public Act 99-586 - Effective Date: January 1, 2017 - Individuals who file lawsuits to enforce binding opinions from the PAC...more

Franczek P.C.

PAC Actions Offer Guidance on the Scope of the Unduly Burdensome Exception to FOIA

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In October, the PAC released a written response to a FOIA request that it denied because it would be unduly burdensome under Section 3(g) of FOIA. 5 ILCS 140/3(g). The request asked for “Public Access Counselor determinations...more

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