News & Analysis as of

State and Local Government Public Access Laws

Mandelbaum Barrett PC

Governor Murphy Signs OPRA Revamp That May Curtail the Right to Government Records

Mandelbaum Barrett PC on

On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more

Epstein Becker & Green

OPRA Reform Bill Passed by Gov. Phil Murphy Has Potential to Severely Limit NJ Public Record Transparency

Epstein Becker & Green on

The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential...more

Best Best & Krieger LLP

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more

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

Franczek P.C. on

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

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

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

Dinsmore & Shohl LLP

West Virginia Legislature Advances Bill Protecting Public Access to Meetings

Dinsmore & Shohl LLP on

In a busy Legislative Session, one bill passed that may go unnoticed, but will be of help to Boards of Education. Through House Bill 3146, the Legislature adopted the Uniform Public Meetings During Emergencies Act (“the...more

Best Best & Krieger LLP

California Public Records Recodification

Best Best & Krieger LLP on

AB 473 Takes Effect January 1, 2023, recodifying and reorganizing this important statute - The California Public Records Act (CPRA) was enacted in 1968 to promote public access to public records, while also recognizing...more

Best Best & Krieger LLP

Bill Expanding Public Access to Police Misconduct Records Approved by California Senate

Gov. Gavin Newsom Must Sign or Veto by October 10 - The California Legislature approved Sen. Nancy Skinner’s Senate Bill 16 on September 2, putting the question of whether to require disclosure of more police records...more

Franczek P.C.

Illinois Appellate Court Finds Improper Use of OMA Litigation Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued an opinion providing additional guidance about the “probable or imminent” litigation exception to the Open Meetings Act (OMA) open meeting requirement....more

Franczek P.C.

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

Franczek P.C. on

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.

Muting Mishap: Illinois PAC Opinions on Use of “Sidebars” During Virtual Meetings

Franczek P.C. on

During an in-person meeting of a public body, it is not uncommon for individuals to have sidebar discussions. Such discussions do not necessarily violate any rules or laws, including the Illinois Open Meetings Act. But what...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

Bricker Graydon LLP on

On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...more

Franczek P.C.

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

Franczek P.C. on

In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Franczek P.C.

PAC Reminds Public Bodies of Limits on Closed Session Discussions on Employee Performance

Franczek P.C. on

In its fourth binding opinion of 2020, the Illinois Public Access Counselor found that a Chicago Public School’s Local School Council violated Section 2(a) of the Open Meetings Act by improperly discussing the timing and...more

Best Best & Krieger LLP

California Supreme Court: Government Cannot Charge Fee to Redact Police Body Camera Footage

California Public Records Act Provision Permitting Public Agencies to Charge for “Extraction” Analyzed - Government agencies are prohibited from charging a fee to redact police body camera footage in response to a...more

Franczek P.C.

Amendment to OMA Permitting Boards to Meet Virtually Is Pending Governor's Approval

Franczek P.C. on

On May 23, the Illinois General Assembly passed Senate Bill 2135, which in part amended the Open Meetings Act to permit, and set conditions for, conducting board meetings by audio or video conference without the physical...more

Franczek P.C.

Illinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA

Franczek P.C. on

In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more

Davis Wright Tremaine LLP

Washington Enacts Emergency Limitations on Public Meetings, Public Records

On March 24, 2020, Washington Governor Jay Inslee issued an Emergency Proclamation that alters and suspends for 30 days provisions of the state Open Public Meetings Act (OPMA) and Public Records Act (PRA). ...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.

UPDATED: OMA and FOIA Requirements Amidst School Closures

Franczek P.C. on

In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more

Franczek P.C.

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Perkins Coie

San Francisco County Transportation Authority is Not Subject to the City’s Sunshine Ordinance

Perkins Coie on

The First District Court of Appeal held that the San Francisco County Transportation Authority is a state agency and thus did not need to comply with local public access rules. SF Urban Forest Coalition v. City and County of...more

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