News & Analysis as of September 19, 2024

Freedom of Information Act › Open Meetings Act › Public Access Laws

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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 -

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

Franczek P.C. on 3/7/2024

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

Franczek P.C. on 1/23/2024

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

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

Franczek P.C. on 2/1/2022

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

Franczek P.C. on 10/25/2021

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

Franczek P.C. on 8/31/2021

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

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

Franczek P.C. on 4/30/2021

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

Franczek P.C. on 4/20/2021

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

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

Pullman & Comley - School Law on 3/18/2020

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

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

Franczek P.C. on 12/11/2019

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

Freedom of Information Act and Open Meetings Act Updates

Franczek P.C. on 6/5/2019

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

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

Franczek P.C. on 1/4/2018

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

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

Franczek P.C. on 8/8/2017

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

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

Franczek P.C. on 1/20/2017

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

2016 Legislative Update: Summary of Changes in School Law

Franczek P.C. on 8/30/2016

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

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

Franczek P.C. on 11/30/2015

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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