News & Analysis as of

Open Meetings Act State and Local Government

Franczek P.C.

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

Franczek P.C. on

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.

PAC Finds OMA Violation Where Public Comment Impermissibly Limited

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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

Bradley Arant Boult Cummings LLP

It’s Time to Move On: Litigation Regarding Alabama Medical Cannabis Commission Needs to Come to a Head

Maybe it was inevitable. Anyone who has seen another state award competitive licenses for a limited number of cannabis operators knew well that Alabama’s process would result in litigation. That was not an indictment of...more

Bradley Arant Boult Cummings LLP

Court Again Stays Alabama Medical Cannabis Program: The Song Remains the Same

There is a scene in the fantastic film Wayne’s World (cult classic or blockbuster, I don’t know; I just write blogs about cannabis) where Wayne and Garth are playing street hockey and whenever a car drives down the street...more

Franczek P.C.

OMA Amendments Allow Additional Flexibility for Remote Attendance and Closed Session

Franczek P.C. on

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

Bradley Arant Boult Cummings LLP

Alabama Medical Cannabis Update: August 10 Appears to Be the Day

In a court hearing yesterday in the Montgomery County Circuit Court, it appeared that the staff of the Alabama Medical Cannabis Commission was prepared to move forward announcing licensees at its meeting on Thursday and that...more

Clark Hill PLC

Michigan Court of Appeals Examines Provisions of the Open Meetings Act

Clark Hill PLC on

In its recent decision, Hindelang v. City of Grosse Pointe, the Michigan Court of Appeals (“Court”) has offered clarification and some helpful reminders for compliance with the Open Meetings Act (“OMA”). In a case involving...more

Franczek P.C.

PAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email Communications or Attendance at Campaign Event

Franczek P.C. on

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

Miller Canfield

The Legalities of Social Media

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In today's world of technology and communications, communities are increasingly reaching their residents and marketing their services through social media. It has become common for cities, villages, and nearly all forms of...more

Bricker Graydon LLP

Ohio Supreme Court willing to “presume” proper conduct in executive session

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The Open Meetings Act (“OMA”) requires Ohio’s public entities to conduct all deliberations and make all decisions in meetings that are open to the public. However, a public body can meet in executive session to discuss...more

Bricker Graydon LLP

Does the OMA presume public officials mean what they say?

Bricker Graydon LLP on

In late April, the Ohio Supreme Court heard oral arguments in State of Ohio ex rel. Christopher Hicks v. Clermont County Board of Commissioners, a largely contentious Open Meetings Act (OMA) appeal that may intensify public...more

Schwabe, Williamson & Wyatt PC

Washington’s Legislature Makes Notable Changes to the Open Public Meetings Act ‎

Governor Inslee’s March 24, 2022 signing of House Bill 1329 marks the introduction of changes to the Open Public Meetings Act (OPMA), the focus of which concerns public meetings’ accessibility and participation in the same....more

Ballard Spahr LLP

New York State Open Meetings Law Amendments Effective November 18, 2021

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New York State public bodies subject to the Open Meetings Law must now post on their website, or provide upon request, “at least 24 hours” prior to any public meetings, any documents that will be discussed or considered...more

Manatt, Phelps & Phillips, LLP

Is California’s Open Meetings Law a ‘Long Haul’ COVID-19 Victim?

New Law Permits Local Governments to Continue to Meet Remotely Until 2024 - California’s historic open meeting law, the Ralph M. Brown Act, requires that local governments conduct their business in public meetings and...more

Farrell Fritz, P.C.

New Law Authorizes Virtual Option for Public Meetings

Farrell Fritz, P.C. on

On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the...more

McNees Wallace & Nurick LLC

Compliance with the Sunshine Act Amendments: What Pennsylvania Public Agencies Need to Know

With the effective date of recent amendments to Pennsylvania’s open meetings law, commonly known as the Sunshine Act, rapidly approaching on August 29, 2021, Pennsylvania public agencies, including but not limited to School...more

Jackson Walker

Governor Abbott Lifts Suspension of Certain Texas Open Meetings Act Provisions

Jackson Walker on

At the outset of the COVID-19 pandemic, on March 16, 2020, at the Attorney General’s request, Governor Greg Abbott utilized Section 418.016 of the Government Code to suspend certain requirements of the Texas Open Meetings Act...more

Adler Pollock & Sheehan P.C.

Proposed Rhode Island Open Meetings Act Legislation

Since the onset of the COVID-19 pandemic, Rhode Island public bodies have been authorized to meet remotely pursuant to Executive Orders issued by the Rhode Island Governor’s Office...more

Bricker Graydon LLP

Local governments: The end of the virtual public meeting? All is not lost

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Throughout the COVID-19 pandemic, the work of public entities had to continue. Amended Substitute House Bill 197 made that possible, by modifying the requirements of R.C. 121.22 to permit public bodies to meet by...more

Bricker Graydon LLP

Municipalities: The end of the virtual public meeting? All is not lost

Bricker Graydon LLP on

Throughout the COVID-19 pandemic, the work of public entities had to continue. Amended Substitute House Bill 197 made that possible, by modifying the requirements of R.C. 121.22 to permit public bodies to meet by...more

Bricker Graydon LLP

School boards: The end of the virtual public meeting? All is not lost

Bricker Graydon LLP on

The concept of a virtual public meeting arose out of necessity due to the COVID-19 pandemic. Pursuant to Amended Substitute House Bill 197, Ohio’s General Assembly authorized emergency relief to the Open Meetings Act...more

Franczek P.C.

Virtual Board Meetings may Soon be coming to an End

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Nossaman LLP

Update on Executive Order N-29-20

Nossaman LLP on

Unbelievably, it was March 17, 2020, when Governor Gavin Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part), which allows local or state legislative bodies to hold meetings via teleconference and...more

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