Mark E. Burkland

Mark E. Burkland

Holland & Knight LLP

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Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

8/16/2016 - Attorney Generals CNN Document Requests Electronic Communications Email Email Policies FOIA Invasion of Privacy Police Public Employees Public Entities

New Illinois Law Requires Local Public Agencies to Regulate Travel Expenses

In the wake of numerous recent examples of extravagant spending by some Illinois local governments and agencies, the Illinois General Assembly sent Gov. Bruce Rauner a bill designed to increase the accountability of local...more

8/1/2016 - Meal and Entertainment Expenditures New Legislation Public Agencies Reimbursements Required Documentation Travel Expenses

Illinois Supreme Court Abolishes Long-Standing Public Duty Rule

A divided Illinois Supreme Court issued its decision in Coleman v. East Joliet Fire Protection District et al., 2016 IL 117952, on Jan. 22, 2016, abolishing the common-law standard that a local governmental body and its...more

2/1/2016 - Duty of Care Governmental Employees Tort Immunity Act IL Supreme Court Public Employees Stare Decisis Statutory Immunity

Illinois Appellate Court Reverses Attorney General Binding Opinions on Open Meetings Issues

In Board of Education of Springfield School District No. 186 v. Attorney General of Illinois et al., 2015 IL App (4th) 140941, the Illinois Appellate Court upheld a trial court's reversal of two Illinois Attorney General...more

12/18/2015 - Administrative Proceedings Final Action Inadequate Warning Open Meetings Act Public Access Laws

Illinois Supreme Court Rules Local Land Use Codes Apply to School Districts

In a long-anticipated decision, the Illinois Supreme Court ruled on September 24, 2015, that school districts are subject to municipal zoning and land use regulations. The decision in Gurba v. Community High School District...more

9/25/2015 - Construction Industry Educational Institutions General Assembly IL Supreme Court Public Schools School Districts Stormwater Discharge Permits

Amendment to Illinois FOIA Impacts Requests for Records Available Online - Public Bodies Now Have More Authority Regarding Their...

The Illinois General Assembly overrode Gov. Pat Quinn's veto of House Bill 3796 amending the Illinois Freedom of Information Act on Dec. 3, 2014. HB 3796 is now law, effective immediately. The key provisions of HB 3796...more

12/12/2014 - Amended Legislation FOIA Public Entities

Update on Recent FOIA and OMA Illinois Supreme Court and Attorney General Opinions

- The Illinois Supreme Court rules state's attorneys are subject to the Freedom of Information Act. - The Illinois attorney general rules that: (i) the Open Meetings Act requires public bodies to recite the key terms of...more

6/17/2014 - FOIA Open Meetings Act Public Entities

Seven Simple Guidelines for Legislative Prayer

The U.S. Supreme Court on May 5, 2014, ruled in Town of Greece v. Galloway that local governments may start their regular meetings with a prayer in the nature of the invocations given before Congress. The various justices...more

6/11/2014 - Establishment Clause Greece v Galloway Prayer SCOTUS

In Town Of Greece, U.S. Supreme Court Affirms Constitutionality Of Prayer At Town Meetings

HIGHLIGHTS - - Local governments in Illinois and around the country should become knowledgeable about the U.S. Supreme Court's ruling this week in Town of Greece v. Galloway. - In its 5-4 ruling, the Court declared...more

5/7/2014 - Establishment Clause First Amendment Greece v Galloway Prayer Public Meetings SCOTUS

Prohibited Areas and Employment Implications Under Illinois' New Concealed Carry Act

There are two pressing issues concerning implementation of Illinois' new Firearms Concealed Carry Act1 (Public Act 98-0063)... ...more

11/27/2013 - Concealed Carry Permit Employer No-Weapons Policies Gun Laws

Seventh Circuit Ruling Could Affect How Municipalities Use Driver Information

The U.S. Court of Appeals for the Seventh Circuit has ruled that the inclusion of certain personal information on a parking ticket that is placed on the offending vehicle could violate the federal Driver’s Privacy Protection...more

8/10/2012 - DPPA Parking Tickets Personally Identifiable Information

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