Contact Us NowDon’t Hit Pause! – Illinois Attorney General Issues PAC Formal Opinion 20-007 Clarifies Requirements for Livestreamed Remote Public Meetings under the Open Meetings Act By: Scott Brunton scott.brunton@mhtlaw.com During the global COVID-19 pandemic, American society has proven resilient in many ways. We have substantially altered the ways in which we carry out business transactions and…
Category: FOIA/OMA
New Labor Law SB 1754 Requires Illinois Public Bodies To Give Unions Employee Information and Creates New FOIA Exemptions and Unfair Labor Practices
By: Joshua D. Herman joshua.herman@mhtlaw.com On December 20, 2019, Illinois passed SB 1754 into law, imposing new obligations on public employers. Illinois public employers (governments, school districts, park districts and other public organizations) will now have to provide regular updates and information regarding their employees to public labor unions, as well as face new obligations…
Illinois FOIA prohibits disclosure of disciplinary records older than 4 years
Disciplinary Records Older Than 4 Years Prohibited from Disclosure in Response to FOIA Request By: Robert B. McCoy robert.mccoy@mhtlaw.com Public employers have sometimes attempted to prevent the disclosure of an employee’s disciplinary records in response to Freedom of Information Act (FOIA) request under the theory that a request for such records is an unwarranted invasion…
MHT Holds Free Seminar For Elected And Appointed Officials
On May 13, 2017, MHT attorneys enjoyed spending a morning with newly-elected and current government officials and appointees for its Eleventh Biennial Elected and Appointed Officials Municipal Law Seminar. Officials from municipalities across Illinois attended this free seminar held at the Illinois Central College campus in East Peoria, Illinois. Keynote Speaker: Illinois Senator Chuck Weaver…
Park Districts & Governments Must Know the New Overtime Rules and Other Legal Developments
We invite elected officials, officers, and administrative employees of local governments or park districts, and other interested parties to review how new Fair Labor Standards Act (FLSA) overtime rules will automatically extend overtime pay to over 4 million newly eligible employees. This focused seminar will also address new travel and expense reimbursement rules, as well…
What Schools Need to Know Now about the New FLSA Overtime Regulations and Other Legal Developments
We invite school administrators, board members and other interested parties to review how new Fair Labor Standards Act (FLSA) overtime rules will automatically extend overtime pay to over 4 million newly eligible employees. The October 26, 2016 lunch-and-learn seminar will also address new travel and expense reimbursement rules, as well as practical advice on implementing…
Public Employee Emails Subject to FOIA
Even when using private email or devices, employee emails are subject to FOIA and must be included in a reasonably adequate search. By Joshua Herman email: joshua.herman@mhtlaw.com On August 9, 2016, the Illinois Attorney General’s Public Access Counselor (“PAC”) issued Binding Opinion 16-006, which addressed the Freedom of Information Act’s (“FOIA”) application to employee email….
Personal Information Obtained From Driver’s Record Must Be Removed From FOIA Responses
Public bodies take note, new case holds newspaper may have violated law by publishing personal information obtained from driving records By Joshua D. Herman joshua.herman@mhtlaw.com Newspapers often pursue legal and administrative remedies against public bodies, alleging failure to properly disclose information in response to a Freedom of Information Act (“FOIA”) request. The tables were turned…
New Rules Regarding Public Comments
Requiring Speakers To State Their Home Addresses Violates The Open Meetings Act By Richard M. Joseph richard.joseph@mhtlaw.com On September 4, 2014, the Illinois Attorney General issued a binding opinion stating that a public body that required speakers to provide their home addresses prior to addressing governmental bodies violates the Illinois Open Meetings Act. This opinion…
Personal Electronic Devices and the Freedom of Information Act
Court holds that not all communication on personal electronic devices is subject to FOIA By Richard M. Joseph richard.joseph@mhtlaw.com In July, 2013, the Fourth District Appellate Court of Illinois, in the case of City of Champaign vs. Lisa Madigan (2013 WL 3704619), held that not all messages received by a public official on a personal…