The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations where the law authorizes the public body to close a meeting.
FOIA is an open-government law grounded in the principle that the public should be able to access public records and information about the workings of their government.
A "public body" covered by OMA includes all legislative, executive, administrative or advisory bodies of the following:
• the state
• counties
• townships, cities, villages or
incorporated towns
• school districts
• all municipal corporations
Can the agenda be changed? A public body cannot change the agenda less than 48 hours before the meeting. Can the public body take action on items not on the agenda of regular meetings? No. While the public body can discuss items that are not on the agenda of a regular meeting, the public body cannot take action or make any decision with regard to items or topics not on the agenda of a regular meeting. It is important to note that at a special or emergency meeting, unlike a regular meeting, a public body cannot even discuss items that did not appear on the agenda for the special or emergency meeting.
The Open Meetings Act requires that public bodies give members of the public an opportunity to speak at a public meeting. Public bodies are authorized to adopt rules regarding the public comment portion of a meeting. Such rules may limit the time allotted for the public to speak. One example of a rule for the public speaking portion is to limit public participation to 30 minutes long. If you disagree with the rule, direct that opinion to the school board as well, for a consideration to change!
● A public body must hold a meeting at a specific time and place that is convenient and open to the public. A public body cannot hold a meeting on a public holiday, unless the regularly scheduled meeting falls on that holiday.
● Recording of a meeting? May a member of the public record an open meeting? Yes. Any member of the public can record the meeting by tape, film, or other means, subject to some reasonable restrictions.
Is the public body required to take minutes of its open meetings? Yes. The minutes must include: the date, time and place of the meeting; a list of the members present and absent from the meeting, and whether they attended in person, by phone, or by video; a summary of the discussion of all matters proposed, deliberated, or decided; and a record of any votes taken. It is important to note that subsidiary bodies of public bodies (such as committees and subcommittees) are also required to take minutes of meetings.
● Discussion of hiring, firing, or salary compensation of an individual
● Legal proceedings pending, or to be considered
● The sale of real estate
No other topics can be discussed in closed session. Members of the board are required to keep confidential information brought forward in closed session, until such item is to be approved at a board meeting.
...he or she can take action. Here is what you need to know. What can a member of the public do if he or she thinks the public body has violated OMA? Within 60 calendar days from when the alleged violation occurred, a member of the public can file a Request for Review of the matter with the Public Access Counselor at the Office of the Attorney General, or can bring a civil action in circuit court against the public body. In addition, the State’s Attorney of the county in which the alleged violation occurred may bring a civil action in circuit court within 60 calendar days after the violation occurred or within 60 calendar days of the discovery of the violation by the State’s Attorney. What is a Request for Review? A Request for Review is a letter sent to the Public Access Counselor which lays out the basis for an alleged violation of OMA. The request must be made in writing, must be signed by the requester and must include a summary of the facts supporting the allegation. For more details on the Request for Review process, click below
Criminal Penalties: Under the law, a State’s Attorney may bring a criminal action for a violation of the Open Meetings Act. A violation of OMA is a Class C misdemeanor, which is punishable by up to 30 days in jail and a fine of up to $1,000. Civil Penalties: In a civil lawsuit for a violation of OMA, a court may take a number of actions, including (1) ordering a public body to conduct an open meeting, (2) granting an injunction against future violations by the public body, (3) ordering the public body to make available to the public the minutes of a closed meeting, (4) declaring null and void any final action taken at a closed meeting in violation of OMA, or (5)
awarding any other relief that the court deems appropriate. The court also may require the public body to pay the attorney’s fees and costs of the person who filed the civil lawsuit alleging the OMA violation.
FOIA is an open-government law grounded in the principle that the public should be able to access public records and information about the workings of their government.
FOIA provides that the people are entitled to full and complete information regarding government affairs and the official acts and policies of those who represent them as public officials. Such access is necessary to enable people to monitor government to ensure that it is being conducted in the public interest.
Unless a specific exemption applies, public bodies must allow public access to all public records.
How do I file a Freedom of Information Act request?
A truly transparent government will offer all records on an online portal, which makes access direct to the public.
If the information you seek is not available online, you should file a FOIA. A Freedom of Information Act request must be made in writing and submitted to the Department’s Freedom of Information Officer, that has been designated in each government body. The officer fills or denies the information request.
Sometimes there is a form designated for your use, but any written document that includes the following information would be acceptable:
FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government.
re is a sample letter for filing a FOIA request regarding the purchase or distribution/ identified in a curriculum regarding Critical Race Theory materials, book and texts. Your request must be specific in nature, and may need dates of such action to narrow your request down.
SAMPLE FOIA REQUEST LETTER
To: Sandy Sims, FOIA officer SD 1010
From: Mary Jones, 612 Democracy Street, Mytown Il
Organization: Self
Phone: 444-222-8899, email: mjones@email_address
This is a FOIA request. Please produce the following documents.
Sincerely,
Mary Jones
1 S Main
Middletown, IL
Curriculum FOIA letter (pdf)
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