[WEBINAR] Who Does What? Defining Proper Roles for Staff and Elected Officials
In Thorpe v. Kleinman, Docket No. A-3391-22 (App. Div. Nov. 1, 2024), the plaintiff sought video footage from the Freehold Township Police Department, the defendant in the case, in regard to a traffic obstruction charge....more
The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more
The plaintiff, Frank Brooks, submitted a written request under the Open Public Records Act (OPRA) and the common law right of access for a log showing the sender, recipient, date, submit line, persons copied, and persons...more
Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more
The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more
The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more
Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more
The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more
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
In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public...more
February was a busy month for decisions about the Illinois Freedom of Information Act (“FOIA” or the “Act”). ...more
Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more
Effective October 1, two changes were made to the Connecticut Freedom of Information Act (FOIA) of which public agencies should take note. The General Assembly added a new section to General Statutes § 1-206 concerning...more
In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more
Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more
Public entities litigating California Public Records Act cases may now face the additional burden of responding to civil discovery requests. The Second District Court of Appeal recently issued its opinion in City of Los...more
A public body must respond to a FOIA request within five days, but the Michigan Court of Appeals has opined that there is no obligation to produce the requested information within that timeframe. In a June 23, 2016,...more
Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces...more
California’s Public Records Act (PRA) law requires public entities to make their public records open for inspection and copying. Environmental practitioners often use PRA requests as a tool to obtain information regarding a...more
As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more