IASB to School Boards: Contact Legal Counsel Before Implementing Any...
We are aware that sample resolutions suspending policies and granting superintendents extraordinary powers during the Governor’s stay-home order are circulating among school boards. On March 23, for...
View ArticleGovernor’s Executive Order 2020-15 Permits Electronic Bid Openings for School...
On Friday, Governor Pritzker issued Executive Order 2020-15 allowing school districts to communicate, respond to, and open bids electronically for school construction projects. Section 10-20.21 of the...
View ArticleSchool Transportation Vendors Claim for Payment Under the CARES Act
We understand that certain transportation vendors are claiming that the recently passed CARES Act requires full or nearly full payment from school districts even if no transportation services are...
View ArticlePAC: Remote Meetings and Email-Only Public Comment OK Under OMA
As we discussed in alerts on March?16 and March 18, a recent Executive Order by Illinois Governor J.B. Pritzker suspended certain Open Meetings Act (OMA) requirements to allow flexibility on issues of...
View ArticleIllinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA
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...
View ArticleEducation Funding Begins to Become Available under the CARES Act
States may now apply for their share of the Elementary and Secondary School Emergency Relief (ESSERS) Fund – the $13.2 billion fund under the CARES Act that will be allocated to states based on the...
View ArticleAmendment to OMA Permitting Boards to Meet Virtually Is Pending Governor's...
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...
View ArticlePAC Issues Further Decisions on Public Comment and Participation for Remote...
As discussed in previous alerts posted on March 16 and March 18, Illinois Governor J.B. Pritzker passed an Executive Order suspending certain Open Meetings Act (OMA) requirements in the wake of...
View ArticleNew OMA Requirements for Virtual Meetings Are Now Law
On Friday, June 12, Illinois Governor J.B. Pritzker signed Public Act 101-640,?which, among other things, amends the Open Meetings Act to allow public bodies to hold virtual board meetings without the...
View ArticleGovernor Declaration Extends Virtual Board Meeting Right, Increases In-Person...
On June 26, 2020, Illinois Governor J.B. Pritzker extended by 30 days, until July 26, 2020, the disaster proclamation relating to COVID-19. As a result, public bodies may continue to hold virtual board...
View ArticleSchool District Insurance May Not Cover COVID-19 Claims
We understand that at least one school district insurance cooperative has informed its member school districts that the liability coverage carried by the cooperative excludes coverage for liability...
View ArticleIllinois Appellate Courts Focus on FOIA
Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what...
View ArticleNew Binding Opinion on Scope of FOIA for Third Parties and Proprietary...
In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois...
View ArticleMuting Mishap: Illinois PAC Opinions on Use of “Sidebars” During Virtual...
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...
View ArticleFirst Quarter 2021 Illinois FOIA & OMA Update
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...
View ArticlePAC Rejects Public Body’s Limitation on Criticism of Public Officials Absent...
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...
View ArticleIllinois Appellate Court Finds Improper Use of OMA Litigation Exemption
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....By:
View ArticleIllinois Supreme Court Issues Important Prevailing Wage Act Decision
In a recent decision, the Illinois Supreme Court reviewed commonly used contract language regarding the Prevailing Wage Act. This decision should put public bodies on notice to carefully review bid,...
View ArticleIllinois PAC Rejects FOIA Exemption for Communications with an Interested...
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...
View ArticleIs the End Near? For Virtual Board Meetings in Illinois, It May Soon Be
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...
View ArticleVirtual Board Meetings may Soon be coming to an End
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...
View ArticleFOIA Decisions Clarify Burden of Proof for Invoking Pre-decisional,...
Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public...
View ArticlePAC Upholds School Board’s Limitation on Public Comment Duration
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...
View ArticlePAC Issues Two New Binding Opinions, Clarifying Requirements Under the OMA...
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...
View ArticleIllinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA
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...
View ArticleIllinois Supreme Court Issues Decision Upholding Private and Personal...
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....By:
View ArticlePAC Issues Binding Opinion Finding in Favor of Public Body’s Use of the...
In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act...
View ArticleSupreme Court Issues Decision Affirming a Public Body’s Right to Censure...
In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment...
View ArticlePAC Issues New Binding Opinion Regarding Personal and Pre-Decisional...
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...
View ArticleIllinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly...
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...
View ArticleIllinois Passes New Law Exempting Food Service Agreements from Lowest...
On June 29, 2022, Governor Pritzker signed Public Act 12-1101 (House Bill 4813) into law, amending Section 10-20.21 of the Illinois School Code, which generally requires contracts that are subject to...
View ArticlePAC Issues Binding Decision Regarding OMA Related to Closed Session Discussions
The Illinois Public Access Counselor (PAC) recently issued a binding decision, PAC 22-012, regarding the Open Meetings Act (OMA), finding that a board of education’s closed session discussions violated...
View ArticleFederal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules
The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech...
View ArticlePAC Issues Two Decisions in Favor of School District Decisions to Withhold...
Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold...
View ArticlePAC Issues Binding Opinion Regarding the Applicability of Predecisional...
Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section...
View ArticlePAC Issues Binding Opinion Regarding Public Business Discussions at Informal...
Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Open Meetings Act (OMA). In the decision, the PAC found that the public body violated the OMA by holding an improper...
View ArticlePAC Issues 2022 Annual Report, Summarizing Significant Binding and...
The Public Access Counselor (“PAC”) recently issued its Annual Report, which provides an overview of binding PAC opinions and non-binding determination letters issued in 2022, among other topics. We...
View ArticleChecklist for End of COVID Health Emergency
Governor Pritzker’s disaster proclamation, declaring a public health emergency due to COVID-19, ends today, May 11, 2023. As a result, COVID-leave rights, and other rights contingent upon the...
View ArticlePAC Finds No OMA Violation for Non-Contemporaneous and Non-Interactive Email...
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...
View ArticleThe Era of Fully Remote Board Meetings Is Over: Returning to Pre-COVID Remote...
As we announced on our blog last week, Governor Pritzker’s COVID-19 disaster proclamation ended on May 11. This signals the end of optional remote attendance at meetings and a return to pre-COVID era...
View ArticleIllinois Passes New Law Increasing the Competitive Bidding Threshold for Schools
This month, Governor Pritzker signed Public Act 103-0008 (House Bill 3817) into law, which establishes the Budget Implementation Act for fiscal year 2024. While there are a multitude of amendments to...
View ArticlePAC Finds FOIA Violation for Police Department’s Failure to Produce Records...
Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Freedom of Information Act (FOIA). In the opinion, the PAC concluded that a police department violated the FOIA...
View ArticleOMA Amendments Allow Additional Flexibility for Remote Attendance and Closed...
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....By:
View ArticleNew Law Allows School Districts to Enter Design-Build Contracts
Governor Pritzker recently signed P.A. 103-0491 (previously SB 1570) into law, which will allow school districts to enter into design-build contracts—as opposed to the currently available...
View ArticleFOIA Does Not Require Public Bodies to Compel Production of Third-Party Records
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...
View ArticlePAC Issues Non-Binding Opinions Regarding Applicability of OMA to Board...
The Illinois Public Access Counselor (PAC) recently issued two non-binding opinions concerning the applicability of Open Meetings Act (OMA) requirements to board committees....By:
View ArticlePAC Finds OMA Violation Where Public Comment Impermissibly Limited
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...
View ArticleRecommended Board Policy Update to Comply with New Competitive Bidding Threshold
As we detailed in a prior alert, Section 10-20.21 of the School Code was amended to increase the competitive bidding threshold from $25,000 to $35,000. The amendments went into effect January 1,...
View ArticleIllinois Appellate Court Issues New Ruling Concerning the OMA and FOIA
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...
View ArticlePAC Issues Binding Decision Finding OMA Violation for Closed Session...
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...
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