News & Analysis as of

Public Agencies

Pullman & Comley - School Law

The FOIA and “Emergencies”: How Quickly Can We Act?

In a hectic world, public agencies (including school boards) must sometimes act promptly to address urgent matters requiring immediate action, including actions that require a vote by the board itself.  So how swiftly can a...more

Clark Hill PLC

Michigan Court of Appeals Holds No Definitive Timeline for Fulfilling FOIA Requests

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On Dec. 11, 2025, the Michigan Court of Appeals dismissed a complaint brought by the American Civil Liberties Union (“ACLU”) that challenged the amount of time public bodies have to fulfill records requests under the Michigan...more

Nossaman LLP

Public Agency Cannot Sue for Inverse Condemnation for Its Own Improvements 

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This seems like common sense, but a public agency cannot pursue an inverse condemnation cause of action for damages suffered from its own public improvements. Yet that is exactly what the County of Santa Cruz recently...more

Procopio, Cory, Hargreaves & Savitch LLP

A Guide to Brown Act Changes Coming in 2026: What You Need to Know About SB 707

Beginning January 1, 2026, local public agencies across California must comply with several updates to the Ralph M. Brown Act’s (“Brown Act”) open meeting and teleconferencing rules under Senate Bill (“SB”) 707 (2025). The...more

Fox Rothschild LLP

Pennsylvania Supreme Court Clarifies Four Exceptions to Sunshine Act's 24-Hour Notice Requirement

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A recent Pennsylvania Supreme Court decision expanded the circumstances in which school districts and other public agencies can take official action on items not listed on agendas posted at least 24 hours prior to a public...more

Nelson Mullins Riley & Scarborough LLP

FDOT Announces Small Business Growth Program Following DBE Program Updates

To all Florida public agencies that receive federal or FDOT funds for construction projects: On Thursday, November 20, 2025, the FDOT announced that next year it will begin implementation of a small business development...more

Best Best & Krieger LLP

Pending Deadline to Comply with AB 2158 – Mandatory AB 1234 Ethics Training for School Board Officials

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The deadline for compliance with Assembly Bill No. 2158 (“AB 2158”) is quickly approaching. Previously, members of school district governing boards, county boards of education, and charter school board members were exempt...more

Troutman Pepper Locke

Washington AG Proposes New Model Public Records Act Rules

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Washington Attorney General (AG) Nick Brown proposed updates to Washington State’s Public Records Act (PRA) model rules — the advisory playbook many state and local agencies rely on when handling records requests. The...more

Best Best & Krieger LLP

California Expands CM/GC Authority for Public Agencies to Combat Drought and Climate Challenges

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Governor Newsom signed in law California Senate Bill 598 (SB 598) on October 11, 2025, and will go into effect January 1, 2026. SB 598 will implement processes to streamline local agency water infrastructure projects. It will...more

Best Best & Krieger LLP

Major Brown Act Updates Under SB 707

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On October 3, 2025, Senate Bill 707 (SB 707) was signed by Governor Newsom and will bring significant changes to many public agencies’ meetings starting in 2026. SB 707 is intended to diversify and increase public engagement...more

Hanson Bridgett

SB 707 Brings Major Overhaul to the Brown Act

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SB 707 (Durazo), signed into law by the Governor on October 3, 2025, implements the most sweeping set of Brown Act amendments in decades. In particular, the new amendments re-structure and add new requirements to the Brown...more

Pullman & Comley - Labor, Employment and...

The FOIA and Eliminating Positions/Employees

Among other things, the FOIA provides that a public agency may enter into executive session for the purpose of discussion “concerning the appointment, employment, performance, evaluation, health or dismissal of a public...more

Bricker Graydon LLP

Time’s Running Out: ADA Web Rule Compliance Required Soon

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In April 2024, the U.S. Department of Justice finalized a new rule under Title II of the Americans with Disabilities Act (ADA), setting clear digital accessibility standards for state and local governments (the New Rule). If...more

Holland & Knight LLP

America's AI Action Plan: What's In, What's Out, What's Next

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The White House released "Winning the Race: America's AI Action Plan" (Plan) on July 23, 2025, in accordance with President Donald Trump's Jan. 23, 2025, executive order on "Removing Barriers to American Leadership in...more

Ice Miller

Setting Yourself up for Success: Effective Project Planning Provides the Keys to the Kingdom

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Complex projects and public-private partnerships (P3s) are easy to define but hard to execute as they involve collaborations between public entities and private sector firms to finance, build, maintain and operate...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

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Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Smith Anderson

WHITE PAPER | The DEI Executive Orders: Considerations for Assessing and Addressing Private Employer and Federal Contractor...

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Following the inauguration, President Trump issued a series of Executive Orders addressing Diversity, Equity and Inclusion ("DEI") and Diversity, Equity, Inclusion and Accessibility ("DEIA") in employment that impact federal...more

Bricker Graydon LLP

Ohio Department of Commerce Publishes Increased Bidding Threshold for Numerous Public Entities for 2025

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Effective January 1, 2025, the competitive bidding threshold for numerous Ohio public entities as set forth in Ohio Revised Code (“ORC”) Section 9.17 increased from $75,000 to $77,250 through 2025....more

Bricker Graydon LLP

Ohio’s Virtual Meeting Law Brings Modernization to Public Governance

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Ohio’s new virtual meeting law revolutionizes public governance, making accessibility, transparency, and efficiency the new standard for certain public bodies statewide. On January 8th, Governor DeWine signed House Bill 257...more

Orrick, Herrington & Sutcliffe LLP

FPPC Puts Focus on Public Agency Bond Issue Mailers

Public agencies considering bond campaigns in California should take note of a recent stipulation involving information that agencies sometimes share with voters before bond referendums. The California Fair Political...more

Shipman & Goodwin LLP

See You In Court - December 2024

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Last May, the members of the Nutmeg Board of Education voted to extend Mr. Superintendent’s contract for one year, with the result that his contract now extends from July 1, 2024, through June 30, 2027. However, over the...more

Pullman & Comley - School Law

Executive Session: Who Can Be There (Besides Board Members)?

Board members sometimes just assume that whenever they enter into executive session under Connecticut’s Freedom of Information Act (FOIA), they can invite anyone they want into the session.  Furthermore, boards often assume...more

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

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The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Troutman Pepper Locke

Unveiling the Impact: How Georgia's Open Records Act Affects Private Businesses — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by his colleague David Dove to discuss a recent Georgia Supreme Court decision that significantly impacts private companies under Georgia's Open Records...more

Barnea Jaffa Lande & Co.

Tax Benefits to NGOs in Israel and “Public Purposes”

Israel (like other countries) provides support to NGOs in the form of tax benefits granted subject to the fulfillment of defined criteria and conditions. The purpose of these benefits is to support the social and public...more

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