New Government Lawyer Bootcamp

 

 Bootcamp                                                       

 

The New Government Lawyer Bootcamp is designed to help attorneys new to the practice of local government law as well as seasoned attorneys who need a “refresher” in various general topics of local government law.  The Bootcamp provides an introductory level crash course in various topics that are relevant to the practice of local government law.  Each webinar is downloadable for IMLA members and can help supplement your in-house training for new attorneys.  The topics available are listed below, along with descriptions of each webinar.  Check back frequently for updates to the Bootcamp. 

 

Topics include: 

1. Ethics 101
2. Municipal Finance 101
3. Ordinance Drafting Best Practices: Land Use
4. Land Use 101
5. Personnel 101
6. Dillon’s Rule v. Home Rule
7. Anatomy of a Shooting Trial: Trial Practice 101

Click on the topic above to learn more!

Webinars are now available in the online store!

 

If you have any feedback or suggestions on future topics that should be included, please email Amanda Kellar (This email address is being protected from spambots. You need JavaScript enabled to view it.) or Negheen Sanjar (nsanjarThis email address is being protected from spambots. You need JavaScript enabled to view it.)This email address is being protected from spambots. You need JavaScript enabled to view it.">

 

 

1. 

             

 

Ethics 101(February 27, 2018)

This presentation will provide an overview of the important ethical issues routinely faced by local government attorneys. Particular emphasis will be placed on ABA Model Rule 1.6 and 1.7 (client confidentiality and conflicts of interest respectively). In addition to an overview of each rule, the presenter will also walk participants through several hypothetical scenarios to demonstrate how each rule is applied in practice.

Speaker: 

Charles W. Thompson, Jr. is the Executive Director and General Counsel of the International Municipal Lawyers Association. Prior to being appointed to this position Mr. Thompson served as County Attorney for Montgomery County, Maryland from 1995 to 2006. For the previous 17 years, Mr. Thompson served as County Attorney for Carroll County, Maryland. Mr. Thompson received a bachelor’s degree in history from Virginia Military Institute and earned his Juris Doctor from the University Of Baltimore School Of Law. In addition to serving as President of the Carroll County Bar Association, Mr. Thompson served as Chairman of the Board of the State and Local Government Law Section of the Maryland State Bar Association, and as Chairman and a member of the Committee on Ethics. Mr. Thompson also served on the Board of Directors and as President of the County Civil Attorneys group in the Maryland Association of Counties. Mr. Thompson is currently serving as an adjunct professor at the George Washington University teaching State and Local Government Law. Mr. Thompson is admitted to practice in the U.S. District Court for Maryland, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court.

CLICK HERE to purchase (IMLA Members - FREE!)

 

2.

 

 

Municipal Finance 101 (June 20, 2017)

This presentation will introduce legal issues in local government finance, including those that confront counsel when raising revenues, making expenditures, and borrowing money. The webinar describes the different characteristics of taxes, fees, and bonds, and includes important practice information such as constitutional and statutory limitations.

Speaker: 

Eric Shytle serves as the General Counsel for the City of Sumter. His provides legal guidance to the City on local government matters, contracts, land use, public records, open meetings, water and wastewater utilities, procurement, and other related matters. 

Eric rejoined the City in 2013 after previously serving as Chief of Staff for the City from 2006 to 2008. From 1999 to 2006, and again from 2008 to 2012, Eric was a public finance and local government attorney in private practice at Haynsworth Sinkler Boyd, P.A., in Columbia. He enjoys an AV Preeminent Ranking from Martindale-Hubbell, which reflects a peer assessment of the "highest level of professional excellence." 

He received his Bachelor's Degree from the University of Georgia in 1991 and his Juris Doctorate from the University of South Carolina School of Law in 1996. While in law school, Eric served as Chief Justice of the Order of the Wig and Robe and an Articles Editor for the South Carolina Law Review. After he was graduated from the University of South Carolina School of Law, he clerked for the Honorable Karen J. Williams of the United States Court of Appeals for the Fourth Circuit. His first private practice position was with Cravath Swaine & Moore in New York City, where he worked as an associate in the corporate department through the end of 1998. 

Eric is originally from Greer and, except for his time at the University of Georgia and at Cravath, has lived his entire life in South Carolina. He is a Ruling Elder at Forest Lake Presbyterian Church and is active teacher and leader in his church community. He is married to Courtney Crook Shytle, also an attorney, and has two children. His interests include road cycling, trout fishing, and travel

CLICK HERE to purchase (IMLA Members - FREE!)

 

3.

 

 

Ordinance Drafting Best Practices: Land Use (June 22, 2017)

You'll learn about:

  • Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.
  • Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.
  • Writing in plain English; avoiding legalese and plannerese. Remember your audience.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.

Little time in a planner's education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.

The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.

Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls in the drafting process.

Speakers:

Kimberly Mickelson AICP, Olson & Olson, LLP, Houston , TX is an attorney and planner with Olson & Olson, LLP, in Houston and is the President of the Texas Chapter of the American Planning Association, and the Editor of A Guide to Urban Planning in Texas Communities. Her practice is concentrated in the representation of governmental and non-profit corporations. She specializes in and represents cities across Texas and in Illinois on land use matters, including zoning and platting, economic development, airport law, special districts, development agreements, and cemetery law. She is licensed in both Texas and Illinois, and writes and speaks frequently on planning and land use law issues nationally. She is also Visiting Associate Professor of Practice in the Master’s Program, Landscape Architecture and Urban Planning Department in the College of Architecture at Texas A&M University. Ms. Mickelson is an honors graduate of the Plan II program at The University of Texas, and The University of Texas School of Law and the Lyndon B. Johnson School of Public Affairs. She attended Schiller International University in Heidelberg, Germany, studied municipal and historic preservation at in Krakow, Poland during graduate school, and was a post-graduate research fellow at the University of Belgrade. She is a member of the Texas Bar Association and serves on the Government Law Section Council, the Texas City Attorney’s Association, the Houston Bar Association, the American Planning Association (APA), and the American Institute of Certified Planners. She serves on the University of Texas Libraries Council, and is a former board member of Preservation Texas and Preservation Chicago. In her spare time, she is active in neighborhood redevelopment and historical cemetery preservation issues, is a rabid Longhorn football fan, and an art quilter.

David Silverman , AICP , Ancel, Glink & Diamond Et Al. , Chicago , IL is a partner with Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. in Chicago, practicing in the areas of local government, land use, economic development, and real estate. David has published on a variety of land use issues, including the forthcoming Urban Agriculture: Policy, Law, Strategy, and Implementation, the forthcoming Land Use Law: Zoning in the 21st Century, written with several other attorneys from Ancel Glink, as well as the more recently published Tax Increment Financing and Greening Local Government. David has also authored numerous articles on land use topics, including the recently published articles “Rules of the Game: A Framework for Fair and Effective Zoning Public Hearings” (The Commissioner, Spring 2013) and “The Temporary Use and Economic Development” (Planning and Environmental Law Journal, July 2014). David is co-chair of Ancel Glink's land use practice and co-editor of the group's newsletter, In the Zone, and is a regular contributor to and moderator of @AncelGlinkLand, which covers an array of current and evolving land use topics. Prior to his career as an attorney, David was an urban planning and economic development consultant working with several neighborhood based development organizations in both the cities of Detroit and Chicago. David is a member of the American Institute of Certified Planners and the land economics fraternity, Lambda Alpha International – Ely Chapter. David also serves on the Executive Committee of APA Illinois as its Legislative Committee Chair and is the Education & Outreach Chair for APA's Planning and Law Division.

Daniel R. Mandelker, Stamper Professor of Law, Washington University in Saint Louis, is a leading scholar and teacher in land use law, environmental law, and state and local government law. He was the principal consultant and contributor to the American Planning Association’s model planning and zoning legislation project. He was also the principal consultant to a joint American Bar Association committee that prepared a model law for land use procedures that was adopted by the ABA House of Delegates. He recently published a handbook on free speech law for on premise signs, a coauthored fourth edition of his APA report on Street Graphics and the Law, and a coauthored new edition of his law school casebook in State and Local Government. Additionally, he received the ABA’s State and Local Government Section Daniel J. Curtin Lifetime Achievement Award.

CLICK HERE to purchase (IMLA Members - FREE!)

 

4.

 

 

Land Use 101 (April 6, 2015)

Please make sure your seatbacks and tray tables are in their fully upright and locked positions and your seatbelt is tightened low and about your waist … because … for one fast-paced hour you will be catapulted through a lifetime of land use law by a lawyer who has practiced it for a lifetime (and our speaker is REALLY old so it’s a LONG lifetime). Veterans and newbies alike will benefit from this program– the veterans periodically exclaiming “Hey, I done that!” and fall back asleep and the youngsters will come away knowing that tattoo parlors actually implicate First Amendment free speech.  Don’t miss it.  It will be entertaining and educational.

Speaker: 

Dwight Merriam has four decades of experience with representing property owners, developers, governments, and individuals in all land use matters. He founded Robinson+Cole's Land Use Group in 1978, and he is now a member of its Real Estate + Development Group.

Mr. Merriam assists property owners and developers with securing the necessary approvals from local land use boards and state permitting agencies to build commercial, retail, industrial, and residential development projects. Mr. Merriam represented a public-private partnership which resulted in a project to redevelop, operate, and maintain Connecticut’s 23 highway service plazas. He has provided representation for several large scale projects, including parcels over 1,000 acres in size. Mr. Merriam is a featured speaker at many land use seminars, and he presents audio land use seminars for the International Municipal Lawyers Association on a monthly basis. He has been quoted on land use matters in the national press, from The New York Times to People magazine, and has appeared on NBC's Today show, MSNBC, and public television. He teaches at the Quinnipiac University School of Law, and he has published over 200 articles and thirteen books, including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context. He is the senior co-author of the leading casebook in land use law, Planning and Control of Land Development (Ninth Edition) and co-author of the treatise, Rathkopf’s The Law of Planning and Zoning 4th.

Mr. Merriam participates in litigation stemming from land use matters, such as zoning appeals, condemnation actions, and cases involving the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). He also co-authors the RLUIPA Defense blog, a resource for anyone seeking to avoid or defend against claims taken under RLUIPA. Mr. Merriam has been listed in The Best Lawyers in America© in the area of Real Estate Law since 1991. He has been selected to the Connecticut Super Lawyers list since 2006. Mr. Merriam also had a career in the Navy, serving for three tours in Vietnam aboard ship. He left active duty after 7 years to attend law school, but continued for 24 more years as a reserve surface warfare officer with two major commands, including that of reserve commanding officer of the Naval Undersea Warfare Center. He retired as a captain in 1999 after 31 years of service.

CLICK HERE to purchase (IMLA Members - FREE!)

 

5.

 

 

Personnel 101 (May 18, 2015)

It often has been said that one of the largest components of a local government budget is for personnel and labor costs.  While there are many similarities between guiding employers between the public and private sectors, public employers have some additional concerns not faced by their private employment counterparts.

This webinar provides some road maps and guide posts to help navigate through the maze of federal and state statutory employment requirements along with discussion of some common law doctrines particularly focused on the public sector.

Among topics to be addressed are the following:

  • The Employment Framework – Employee, Volunteer or Independent Contractor; At-Will Status
  • Overview of Selected Federal and State Labor Laws
  • Constitutional Protections for Public Employees, Including Employee Speech
  • The Life Cycle of Employment from Hiring to Discipline to Termination
  • The Municipal Attorney’s  Role 

Speaker: 

Dan Crean, of Crean Law Office in Pembroke, New Hampshire, has practiced municipal law for more than thirty-five years and has been on the adjunct faculty of the University of New Hampshire Law School and Graduate School.  He was multi-term officer of the N.H. Bar Association’s Municipal & Governmental Law Section, and founded the N.H. Municipal Lawyers Association, of which he is now Executive Director.  He is IMLA’s N.H. State Chair and chairs its Personnel Section.  He is an IMLA Fellow and received IMLA’s 2012 William Thornton Faculty Award.   Dan has written for numerous legal publications contributed two chapters to the new ABA publication, Town and Gown: Legal Strategies for Effective Collaboration.  Dan is a veteran CLE panelist and regularly presents local government seminars.  

CLICK HERE to purchase (IMLA Members - FREE!)

 

6.

 

 

Dillon’s Rule v. Home Rule (August 23, 2016)

This course will discuss the development of Dillon’s Rule and how it may apply to local governments around the country.  The course will also discuss the Home Rule movement, the different forms of Home Rule and the intersection of Home Rule with Dillon’s Rule – where they align, where they conflict and where they work tangentially or in tandem.  Examples of how Dillon’s Rule applies and how Home Rule applies tend to be state specific, but in discussing state specific examples the course will use those examples to explain how these principles may apply across jurisdictional and jurisprudential boundaries. 

Speaker: 

Charles W. Thompson, Jr. is the Executive Director and General Counsel of the International Municipal Lawyers Association. Prior to being appointed to this position Mr. Thompson served as County Attorney for Montgomery County, Maryland from 1995 to 2006. For the previous 17 years, Mr. Thompson served as County Attorney for Carroll County, Maryland. Mr. Thompson received a bachelor’s degree in history from Virginia Military Institute and earned his Juris Doctor from the University Of Baltimore School Of Law. In addition to serving as President of the Carroll County Bar Association, Mr. Thompson served as Chairman of the Board of the State and Local Government Law Section of the Maryland State Bar Association, and as Chairman and a member of the Committee on Ethics. Mr. Thompson also served on the Board of Directors and as President of the County Civil Attorneys group in the Maryland Association of Counties. Mr. Thompson is currently serving as an adjunct professor at the George Washington University teaching State and Local Government Law. Mr. Thompson is admitted to practice in the U.S. District Court for Maryland, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court.

CLICK HERE to purchase (IMLA Members - FREE!)

 

7.

 

 

Anatomy of a Shooting Trial: Trial Practice 101 (February 2, 2016)

Officer involved shootings and the potential for police liability in those shootings have become a focal point in the American consciousness.  Considering this, it is important to understand what is needed to successfully defend officers involved in these shootings.  “Anatomy of a Shooting Trial” will provide an introductory look at the trial tactics, strategies, and logistics of the civil defense of an officer and assist you in your next officer involved shooting trial. 

Speaker: 

John Wilkerson, a Staff Attorney with the Arkansas Municipal League and has been since 2007. He started with the League while in law school and was promoted to Staff Attorney upon graduation from the University of Arkansas at Little Rock. In that time he has handled all manner of civil rights cases. His primary case load, however, focuses on officer involved shootings. He has tried Federal jury & bench trials and has argued before the Eighth Circuit Court of Appeals nearly a dozen times. This year he began an additional role as lobbyist for the Municipal League at the Arkansas Legislature. He is married to Zara Wilkerson and has two children.

CLICK HERE to purchase (IMLA Members - FREE!)

   

 

 

Back to the top.

The Bootcamp presentations and materials are provided for informational and educational purposes. The Bootcamp presentations are being distributed by the International Municipal Lawyers Association and may not be redistributed without express written consent of IMLA.

 

 

 

2018 Distance Learning

 

2018 Webinar Schedule

Please visit this page for regular updates. Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members. In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Interested in ALL of the webinars? Register for the Kitchen Sink Subscription!! The entire office can recieve 40+ webinars at a cost of just $599. CLICK HERE to learn more.


Upcoming Webinars

November 1 - Personnel

Mediation

This presentation will discuss practical application of what you learned in last month’s workplace Investigations of discrimination/harassment. Tips on how to perform a neutral and fair investigation, including the written report of the investigation will be given. Also discussed will be the sensitive topic of complaints made against elected officials. The speaker has performed several investigations involving elected officials and can offer case studies, (names withheld), of how these were handled. They will also speak about employee mediations that I conduct with employees that are having conflict at work.

Speakers: Carla Cotropia & Robin Cross


November 7 - Land Use
Form-Based Codes

Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses.  This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.

Speakers: Bill Spikowski, Joe Kohl & Susan Trevarthen


December 4 - Land Use

Exactions

Speaker will provide the economic theory of exactions (differentiating between mitigating negative externalities such as road widening and rewarding positive externalities such as property tax abatement as a form of "reverse" exactions), introduce the concepts of “planning harm” (a new term but one which leads to exactions as a way to reduce/prevent harm from planning decisions) and “planning gain” (such as when new development uses its value added to pay for infrastructure and when a new development agrees to share profits with local government). But most of the conversation will address mitigation-driven exactions:

Classes/Types of exactions
Monetary including fees or in-kind
Design
Environmental
Social
Cultural/historical

Exaction Processes/Procedures
Differentiating between mandatory and proffer contexts
Negotiation
Performance based

Speakers: Dan Mandelker & Aurthur C. Nelson


December 6 - Personnel

Smoke Gets in Your Eyes: Drug Testing Limitations and Issues

One of the unique aspects of representing a municipality is the application of the Fourth Amendment to virtually all of the municipality’s actions. This webinar will explore how the Fourth Amendment limits municipal pre-employment/post-offer, random, and post-accident drug testing.

The presenters will cover drug testing in the DOT and non-DOT contexts and will provide relevant case law and useful practice tips to help you create or evaluate a drug testing policy that can withstand constitutional challenge. They will also discuss current testing issues with emphasis on marijuana testing methods and reliability.

Speakers: Robin Cross & Lindsay Rose


December 12 - Land Use

Sex, Sex, and More Sex

Local governments can single-out adult entertainment businesses for special regulatory treatment so long as the regulations allow such businesses to open and operate and are not motivated by a distaste for the content of the entertainment presented in such businesses. This webinar will discuss what cities should do to ensure that the zoning or licensing regulations they apply to adult entertainment businesses will be upheld if challenged.

Speaker: Alan C. Weinstein


December 13 - Litigation

Evidentiary Issues

This presentation will address written discovery with an eye towards summary judgment and other practical practice tips.

Topics covered:
• Definitions/Categories of Liability
• Motion to Dismiss
• Written Discovery
• Misc. Practice tips

Speaker: Patricia Donkor


December 18 - Technology

Drone Update

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

As the debate about drones continues to evolve, one fact remains — local government attorneys are on the front line where precedent-setting action will take place. Municipal attorneys are on their own in a pioneering environment where they have to publicly debate, draft, and defend new ordinances governing the public and private uses of drones; manage local residents' concerns about public safety and privacy, and still allow for innovative uses of technology. Old ways of making laws may not address these new, digitally connected devices.

This presentation will analyze case studies, demonstrate technology, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the new drone-related era of municipal law both in regulating the use of drones and in the government's own use of drones. It will also provide an update on the status of the FAA law and regulations as they pertain to drones and discuss preemption issues that local governments need to be aware of with regard to drones. The presentation will also provide practical tips and a discussion of how to draft an effective and enduring drone ordinance.

Speaker: Gregory McNeal

Click here to view the speaker's bio.

 

CLICK HERE for the 2019 Webinar Schedule

Past Webinars

January 22- Personnel

Sexual Harassment: How #Metoo should be #NotHere

Municipalities need to move from ticking the box (completing the obligation to address sexual harassment in the workplace) to changing the culture. How does that work?   This seminar provides a template for sexual harassment training, from claim prevention and avoidance, to addressing retaliation, along with substantive and practical guidance in helping employer, supervisors and employees in recognizing and distinguishing acceptable and unacceptable workplace conduct.

Speaker:  Roberta "Robin" Cross & Daniel Crean

Click here to view the speaker's bios.


January 30 - Land Planning
Planned Communities

The panelists will present an overview of the modern best practices in zoning and development regulations for planned communities. Topics will range from traditional planned unit development regulations to form-based codes. The panelists will discuss how districts are established, approval processes, and standards that balance the flexibility and certainty needed to build out planned communities.

Speakers: Mark White, Evan Seeman & Dan Mandelker

Click here to view the speaker's bios.


February 1 - Personnel 

Mental Health Assessments of Police Officers

**90 Minutes**

This presentation, including both attorney and health care practitioner insights, will provide helpful strategies and best practices for conducting mental health assessments of police officers while complying with the ADA.

Speakers: Jonathan Mook, Roberta "Robin" Cross, Bettye Lynn & Dr. Anthony Stone

Click here to view the speaker's bios.


Feb 8- Health and Environment
Net Blue Presentation: Water Neutral Community Growth

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Net Blue is a collaborative initiative of the Alliance for Water Efficiency, the Environmental Law Institute, and River Network to support sustainable community growth. The project team members developed a model ordinance that communities can tailor and customize to create a water demand offset approach meeting local needs. The project team consulted with communities in different regions throughout the United States to help develop the model ordinance and the offset components, and to ensure that the program would be adaptable to many different political climates, legal frameworks, and environmental challenges.

This ordinance and the accompanying offset calculator can help manage scarce water resources and provide sustainability. Users will want to start with this interactive link to the ordinance which allows them to put in specific details about their community. A general fact sheet and FAQ can be found here as well as a recording of a webinar by the Alliance for Water Efficiency that walks through the background and available tools.

Speakers: Mary Ann Dickinson, Bill Christiansen & Adam Schempp

Click here to view the speaker's bios.


NGL series

Feb 20- Public Works: New Government Lawyer Series 
Public Contracts and Bidding – Avoiding Delays and Mitigating Liability

This presentation will address the following areas:

a. Requests for Bids
b. Requests for Proposals
c. Requests for Qualifications
d. Requests for Information

e. Bidding in construction contracts and alternate construction delivery methods.

Speaker: Majeed Makhlouf

Click here to view the speaker's bio.


February 22- Arbitration
What to Expect in Arbitration

What are the biggest differences between an arbitrator and a judge? What are the advantages and disadvantages to choosing arbitration? Presenter James Stokes will cover this and more, providing expert insight and practical tips from his years of experience as an arbitrator, city attorney, special magistrate, and former law enforcement officer.

Speaker: James Stokes

Click here to view the speaker's bio


NGL series

February 27- Ethics: New Government Lawyer Series

Ethics for Local Government Lawyers

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

This presentation will provide an overview of the important ethical issues routinely faced by local government attorneys. Particular emphasis will be placed on ABA Model Rule 1.6 and 1.7 (client confidentiality and conflicts of interest respectively). In addition to an overview of each rule, the presenter will also walk participants through several hypothetical scenarios to demonstrate how each rule is applied in practice.

Speaker: Chuck Thompson

Click here to view the speaker's bio.


March 8 - Land Use

Sober Living Facilities

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

There has been a great deal of litigation concerning the effect of federal fair-housing and disability laws on the ability of local governments to exercise control over business-run group-living arrangements, particularly for persons with disabilities. In this context, Congress has extended “disability” to include recovering from drug or alcohol addiction.

These federal protections for the disabled forbid discriminatory housing practices involving recovering addicts. Recovering addicts are often more successful if they can transition back into the broader community by living for a time with other people in recovery in a “typical” residential environment. Predictably, this sometimes leads to conflict with more permanent members of the community.

So what do you do when you have complaining neighbors, concerned public-safety officers, and outraged city council members?

This presentation will discuss the legal characteristics of sober-living homes and their relationship with federal disability and fair-housing law. In particular, it will cover how the FHAA is used by owners of sober-living homes to operate their facilities and how local governments can balance the interests of the operators, occupants, and neighbors.

Speaker: Todd Leishman & Jeff Ballinger

Click here to view the speaker's bios.


March 14 - Public Works

Drafting Effective Qualifications Based Selection Procurement Documents (RFPs & RFQs)

**90 Minutes**

This program will introduce practitioners to the use of Qualification Based Selection [QBS] documents for public infrastructure projects. State and local governments, due to legislative advancements and the increasing need for alternative financing for public work projects are being exposed to alternative project delivery models such as design-build, construction manager at risk, integrated project delivery and P3s. This program will draw distinctions and embrace commonalities between traditional, low-bid procurement documents and those used in QBS. Using model documents and essential items checklists, participants will learn how to structure procurement documents that will permit contractors to adequately price the project, ensure critical balance of risk and cost between the owner and the contactor, provide comprehensive evaluation criteria and processes that reduce likelihood of bid protests and draft adequate performance, commissioning and warranty provisions. 
Program takeaways:
1. Participants will understand the distinctive components contained in QBS documents that vary from traditional low-bid procurement.
2. Participants will learn the structural components, including necessary document provisions and appendices needed in varying types of QBS public work procurements.
3. Participants will understand the difference between use of minimum qualification criteria [lowest responsible bidder] and effective use of comparative evaluation criteria to reach the “most advantageous proposal”.
4. Participants will learn how to structure the procurement, evaluation and award process in QBS procurements.

Speakers: Steven "Tip" Torres

Click here to view the speaker's bio.


March 21 - Personnel
Marijuana: State Legalization and Federal Pre-emption/On which side is the Grass Greener?

Medical marijuana is currently legal in 29 states and recreational marijuana is currently legal in 8 states. This webinar will discuss the state legalization of marijuana and its effect on workers’ compensation law. Possible repercussions and impediments to following the state law in light of the federal law will be discussed.

Speaker: Wendy Karpel

Click here to view the Speaker's bio.


May 8 - Telecommunications

Selling a City’s Cell Tower Leases and Future Leasing Rights

**90 Minutes**

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


NGL series

May 16—Land Use: New Government Lawyer Series 
Best Practices in Land Use Ordinance Drafting

You'll learn about:

• Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.

• Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.

• Writing in plain English; avoiding legalese and plannerese. Remember your audience.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.

Little time in a planner's education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.

The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.

Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls in the drafting process.

Speakers: Kimberly Mickelson & Susan Trevarthen

Click here to view the speaker's bios.


May 22 - Ethics; Technology

“I Never Metadata I didn’t like”

Do you know what metadata is? Are you aware of the potential ethics pitfalls that exist when sending and receiving metadata? Join us for a discussion of ethics issues related to the sending and receiving metadata that is specifically tailored to the needs and concerns of local government attorneys. Presenter will address attorney duties under ABA model rules 1.1 and 1.6 (competence and confidentiality, respectively), as well as a variety of state bar legal ethics opinions such as Tex. Legal Ethics Opinion 665 regarding an attorney’s duty to prevent the inadvertent transmission of metadata containing a client’s confidential information.

Speaker: Peter Haskel

Click here to view the speaker's bio.


 June 5 -  Land Use

Takings Update

This course will provide an overview of takings law before delving into more recent case law updates including an analysis of the continuing impact of Murr v. Wisconsin.

Speakers: John Echeverria & John Peloso

Click here to register.

Click here to view the Speaker's bios.


 June 7 -  Technology

Social Media Policies

This presentation will address the prevalent use of social media, how it can be used as a valuable tool by cities, the role it plays in social and civic engagement, examples of where a policy would have been helpful, ethical and legal issues for consideration in adopting a social media policy, and best practices for doing so.

**This webinar is not approved as an ethics CLE**

Speakers: Kara Ueda

Click here to register.

Click here to view the Speakers bio.


 June 19 - Public Works

Essential Components of Private Operating Contract for Public Water & Wastewater Utilities

**90 Minutes**

Municipalities are increasingly turning to private operation of various public water and wastewater utilities. For many other municipalities that have had these con-ops arrangements in place, renewal terms and options are quickly approaching. The cornerstone of these public private partnership arrangements is the operating agreement that exists between the vendor and the public owner. This program will explore the essential components of those operating agreements from a public owner’s standpoint. Program participants will be introduced to both the form and function of the main contractual components for these agreements, including pricing, risk assignment, performance standards, responsibility and cost for environmental and regulatory compliance; full and partial risk asset management; insurance and security, dispute resolution and capital and program expansion. Utilizing draft language and “lessons learned” case studies, participants will understand the how and the why of various cost and risk assignment provisions, and how to protect the public owner while ensuring a scalable business arrangement for private operators.
Program Takeaways:
1. Participants will understand the checklist of “essential components” necessary for any type of operating agreement for a public utility.
2. Participants will understand how to tie performance standards to risk assignment in operating agreements for regulated utilities.
3. Participants will understand various types of enhanced surety including performance bonds, letters of credit and guaranty agreements necessary to guard against contractor insolvency or intransigence.
4. Participants will learn how to structure certain operating agreements for system growth or enhancement, based on increased usage or heightened regulatory requirements.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.


 July 10 - Land Use

Zoning For Solar Energy

Attendees will learn how to integrate solar energy into planning, zoning, and historic preservation processes from a law professor who specializes in these issues. The program will highlight Hartford, Connecticut, an inaugural DOE SolSmart Gold community, which has dramatically reduced barriers to solar and serves as a model for other cities.

Speakers: Sara Bronin & Dan Mandelker

Click here to view the speaker's bios.


July 12 - Personnel

Employee vs. Independent Contractor

This portion of the webinar focuses on issues relating to classification of individuals as employees and independent contractors.  Both the US Department of Labor and the IRS (and some state lab or departments) have an interest in how employees are treated. Although the US DofL has withdrawn its administrative interpretation of several years ago, the consequences of misclassification continue to be significant. The webinar will seek to provide guidance on this important topic.

Speakers: Robin Cross & Dan Crean

Click here to view the speaker's bios.


July 19 - Police

SLLC Presents: SCOTUS Police Cases

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

While Carpenter v. United States, involving warrantless searches of cell site location data stole the show, the Supreme Court decided numerous police cases this term involving Fourth Amendment searches, qualified immunity, and other topics. Join Stuart Raphael, of Hunton Andrews Kurth LLP, who wrote the State and Local Legal Center amicus brief in City of Hays v. Vogt, involving the use of compelled, self-incriminating statements at probable cause hearings, Timothy Coates, Greines, Martin, Stein & Richland LLP, and Michael Connolly, Consovoy McCarthy Park, in a discussion of the police cases from this Supreme Court term.

Speakers: Stuart Raphael, Timothy Coates, Michael Connolly & Lisa Soronen

Click here to view the speaker's bios.


July 24 - Marijuana Law

Policy Updates 

The passage of California’s Proposition 64 was just the beginning.  Since its passage, lawmakers on the state and local levels have scrambled to enact legislation to regulate what has been hailed as the next great cash crop with the potential to change the state’s economy.  The presentation will provide an overview of the federal and state conflicts, an overview of state regulatory regulations, and an in-depth discussion of different flavors of regulation on a local level, and challenges to respective local regulation.

Speakers: Victor Ponto & Amanda Charne

Click here to view the speakers' bios.


August 2 - Personnel

DOL Wage and Hour Update

This program will cover the pilot Payroll Audit Independent Determination (PAID) program, current guidance on Joint Employers,  proposed overtime pay rules and relevant Opinion Letters.

Speakers: Paul Sweeney, Joe Steflik, Jr. & Robin Cross

Click here to view the speakers' bios.


August 7 - Personnel

Impact of Janus on Local Governments

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

The United States Supreme Court has recently overturned years of precedent and ruled that a public-sector employer could not deduct an agency fee, or any other form of payment, to a public-sector union from an employee’s pay unless the employee affirmatively consented to the payment. Public agencies will feel an immediate impact by the Janus v. American Federation of State, County, and Municipal Employees decision in terms of how they collect fees — and potentially how they communicate about such to their employees. Join this webinar to learn more about how your local government clients will be affected by this recent decision.

Speaker: Roger Crawford

Click here to view the speaker's bio.


August 14 - First Amendment

First Amendment Limitation on a Government's Ability to Regulate Demonstrations

This presentation provides practitioners with a better understanding of a government’s ability to regulate demonstrations within the limitations imposed by the First Amendment.

Speaker: Tom Carr

Click here to view the speaker's bio.


August 21 - Intellectual Property

IP Issues for Local Governments

This webinar will provide: (i) an overview of copyrights, trademarks, rights of publicity and privacy and defamation, and how these areas relate to municipalities; (ii) methods for protecting a city’s intellectual property through copyright and trademark law and related concepts; and (iii) special considerations associated with online activities and social media.

Speaker: Robert A. Monath

Click here to view the speaker's bio.


August 23 - Health & Environment; Public Works; Land Use

Resiliency Planning

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

This presentation will discuss how different cities are thinking about future trends in zoning and planning, disaster recovery issues, and creating resilient infrastructure.

Speakers: Mary Beth Coburn & Catherine Ures

Click here to view the speakers' bio.


NGL series

August 28 - Code Enforcement:New Government Lawyer Series

Best Practices in Civil Code Enforcement

Inspections are the primary investigatory and enforcement mechanism for code or zoning enforcement officials.  The role of administrative searches has been recognized by the United States Supreme Court as a legitimate and valid investigatory and enforcement mechanism used at all levels of government to enforce a variety of regulatory laws.  This presentation will provide general principles under the Fourth Amendment of what constitutes a search, United States Supreme Court cases that provide the framework for administrative searches, exceptions to the search warrant requirement most likely to apply in code and zoning enforcement activities, and the procedural steps to obtain an administrative search warrant along with a description of the types of documentation necessary.

Speakers: Shannon O'Connor & Janet Spugnardi

Click here to view the speakers' bios.


August 30 - Police

Officer-Involved Shootings

Presentation will cover the use of experts in light of San Francisco County v. Sheehan, White v. Pauly, Plumhoff v. Rickard, and Mullenix v. Luna.

Speaker: Jack Ryan

Click here to view the speaker's bio.


 September 5- Telecommunications 

Cell Tower Leasing for Cities
**90 Minutes**

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speakers' bios.


 

September 20 - Health and Environment

When the Sheriff Arrives: Effective Municipal Defense of Private “Citizen Suits” under Federal Environmental Statutes (Clean Water and Clear Air Actions)

**90 Minutes**

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

The changing regulatory, enforcement and permitting standards surrounding the EPA and “Delegated States” implementation of the Clean Water and Clean Air Acts [“Acts”] have repercussions for municipal practitioners. If regulatory parameters and enforcement are curtailed through administrative policy or decision making, the result may be a plethora of new or revival of existing private “citizen” suits allowed under these Acts. This program will introduce municipal practitioners to the private enforcement provisions of these acts and the subject matter jurisdiction courts have to maintain suits. The procedures, requirements and essential elements for successful and sustainable citizen suits will be discussed. The procedural requirements of the Acts and “traps for the unwary” will be outlined. Essential affirmative defenses, litigation strategies and case assessment will be taught using real suits.
Program takeaways:
1. Participants will understand the subject matter jurisdiction of the courts and administrative agencies under the citizen suit provisions of the Acts.
2. Participants will understand procedural and substantive prerequisites for citizen suits, and how to use Plaintiff missteps in compliance with the Acts detailed requirements to sustain dispositive motion practice.
3. Participants will learn the most effective defenses to proffer in response to a citizen suit.
4. Participants will learn how to develop case valuation and assessment in response to these complex actions.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.


September 26 - Personnel

Public Pensions

Speaker will provide updates on pension reform efforts around the country with particular emphasis on “hot spots” Illinois and Kentucky.

Speaker: Steve Goodin

Click here to view the speaker's bio.


NGL series

September 27 - Land Use:New Government Lawyer Series
Land Use 101

*FREE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Learn why cities plan, how they plan, and what happens when they don’t plan. Comprehensive planning and regulations of zoning, subdivision and permitting work together to shape the physical environments of our cities, and are a major determinant of quality of life. This webinar will discuss the range of available regulatory tools for local government, and will discuss key constitutional and legal principles underlying the proper exercise of local power.

Speaker: Susan Trevarthen

Click here to view the speaker's bio.


October 2 - Telecommunications

New FCC Small Cell Zoning Rules

**120 Minutes**
The FCC will soon be issuing orders regarding "small" cell towers and towers in the rights of way, and to some extent cell tower zoning generally. Municipal rights and authority are expected to significantly affected. The program will provide a summary of the orders with suggestions on how to proceed from John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys.

Among the items the FCC has under consideration are:
- All shot clocks 60 days
- Deemed granted remedy for exceeding 60 days
- Moratoria prohibited
- Consideration of alternative sites limited 
- Limiting aesthetic conditioning or denials
- Utility undergrounding laws preempted
- Few, low or no fees to use rights of way, public property 
- "Clarification" of the FCC's 2014 Wireless Siting Order on modifications to existing cell sites.

Handouts will include PowerPoints and copies of the relevant FCC orders. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speakers' bios.


October 4 - Personnel

Workplace Investigations

In light of highly publicized sexual harassment allegations and the seemingly endless news coverage of high-profile cases, workplace investigations are under increasing scrutiny.  While an effective workplace investigation can help protect an organization from liability, a weak investigation can increase legal exposure and reputational damage.  This webinar will highlight the key challenges employers face when responding to misconduct complaints and provide in-house counsel with practical guidance on how to effectively oversee the investigative process.

Speakers: Daphne Anneet & Robin Cross 

Click here to view the speaker's bio.

2017 Distance Learning

Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members. In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Upcoming Webinars


ALL IMLA WEBINARS ARE COMPLETE FOR THE 2017 YEAR!

IMLA webinars will start back up in the new year on January 16th, 2018. As a reminder, all IMLA members receive 10 FREE webinars a year. Please visit this page regularly to see which webinars will be free. Additionally, don't forget about our 2018 Kitchen Sink Subscription program!! Your entire office can receive 40 + webinars for just $499. In addition to these webinars, you will all get all seminar and conference teleconferences. Click here to learn more. Click here to view the tentative 2018 schedule.



Past Webinars

January 9 – Land Use – L1
The Year in Review

While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2017.

Speakers: Nancy Stroud, Peter Salsich, Jr, Dwight H. Merriam & Daniel R. Mandelker

Click here to view the speakers bios.


January 12- Technology (Through Thomson Reuters Practical Law) 
Data Breach Trends and Tips: What State and Local Government Lawyers Need to Know

* This is NOT an IMLA event.

Many state and local governments still don’t believe that data breaches and other cyber events can happen to them, while others simply don’t know what to do. But data breaches are becoming common for all organizations, so having a plan ahead of time is vital. Join Practical Law’s Mel Gates and Zach Ratzman for a free webinar that will explain recent data breach trends affecting state and local governments and provide tips on how to prepare for and help prevent a data breach or other cyber event . . . before it happens.

CLE credit available in multiple states.


January 19- Personnel 
Demystifying the Transgender Laws: How to Prevent Bathroom Battles from Becoming an Issue in Your Municipality

The laws related to transgender and gender identity issues are evolving and changing. This session will provide an overview of the applicable laws and model policies regarding transgender employees and patrons of municipal facilities; discuss how to address transgender and gender identity issues; and cover some of the frequently asked questions surrounding these issues.

Speakers: Roberta "Robin" Cross & Keri-Lyn Krafthefer 

Click here to view the speakers bios.


January 24—Ethics 

Ethics and Responsibility for New Government Attorneys Part II

Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.

Speakers:

Marc P. Hansen & Charles W. Thompson, Jr.

Click here to view the speakers bios.


February 1– New Government Lawyers Series 
Parliamentary Procedure

Municipal and county governing boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. Consequently, they may conduct their meetings informally, applying procedural rules loosely and perhaps even inconsistently. This “down-home” approach might appear to work well when the board is dealing with noncontroversial matters. Yet when controversy arises – and it always does – the result can be multiple motions made in rapid succession and members who are confused about what they are being asked to vote on. In such situations, the presiding officer is likely to seek the advice of counsel. This presentation will arm local government attorneys with basic principles of parliamentary procedure, examine the legal sources of those principles, and review common procedural problems.

Speakers: Norma Houston & Trey Allen 

Click here to view the speaker's bios.


February 6- Construction Contract Drafting 
Mechanics of P3 Procurement and Contracting

 **This is a 90 Minute Webinar**

This program will introduce practitioners to a fundamental structure for procurement offerings for public-private partnerships with municipal government. The program will walk attendees through the key structural elements of a request for proposals or other offering documents. The presenter will discuss each form of procurement including the following: 1) requests for information, 2) requests for qualifications, 3) requests for proposals and 4) requests for qualification and proposals. Each element of the evaluation will be discussed and participants will learn the intricacies of qualifications-based selection (“QBs”) as opposed to the traditional low bid offerings municipalities presently utilize.

The program will then turn to the essential elements contained in a P3 contract between the government owner and the industry organization. Risk assignment, shared cost and profit ownership, and return of facilities joint permitting and other items including comprehensive insurance & surety products will be discussed.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speaker's bio.


February 13th—Land Use
The Supreme Court Revisits Regulatory Takings: Murr v. Wisconsin and the Parcel-As-A-Whole Rule

***THIS WEBINAR WILL BE AT 2:15PM EASTERN TIME***

The U.S. Supreme Court granted certiorari review of a regulatory taking case for the October 2016 term which is focused on the issue of how the court measures the property interest at issue in determining whether the impact of the governmental regulation triggers the requirement for compensation.  The case involves a challenge to a lot merger ordinance that involuntarily merges substandard lots by operation of law with a commonly owned, contiguous lot so as to make one fully conforming lot.  Regulatory takings expert and organizer of the annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations Professor John Echeverria wrote an amicus brief in the case on behalf of a group of economists to help the Court understand how regulatory restrictions affect the value of land and will discuss the case and its potential impacts on the law with land use webinar hosts Susan Trevarthen and Dan Mandelker.

Speakers: John Echeverria, Susan Trevarthen & Dan Mandelker

Click here to view the speaker's bios.


February 16th—Personnel
Employee Discipline: Terminating the Walking Dead Employee

While some folks are gearing up for a day of candy hearts and romance, the rest of us are biting our nails and sitting on the edge of our seats waiting for AMC to roll out the latest Walking Dead episodes. Using this critically acclaimed dystopian zombie thriller as a backdrop, Ms. Moran walks attendees through several important tips for navigating the risky waters of employee discipline (no actual knowledge of the Walking Dead required).

The presentation will address a variety of legal issues that arise during the disciplinary process, including practical limitations on at-will employment and how to avoid discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and similar laws governing the employment relationship. The presentation will also look at the EEOC’s guidance on employee discipline and termination and offer practical strategies to help navigate the high-risk process of separating employees.

Speakers: Marilyn Moran & Roberta "Robin" Cross

Click here to view the speaker's bio.


February 22—Courts
SMART- San Diego Misdemeanants At-Risk Track

The SMART pilot program is designed to address low-level misdemeanor offenders who repeatedly cycle through the criminal justice system committing drug and quality of life offenses. These repeat offenders often have no access to services, coordination of care, or meaningful incentives to engage with social service providers. The goal of the SMART program is to safely divert chronic misdemeanor offenders, particularly those who are otherwise resistant to intervention, to a case manager, individualized treatment, and tailored housing placement. It is a collaborative effort between the San Diego City Attorney’s Office, the San Diego Police Department (SDPD), and the San Diego County Sheriff’s Office.

Speakers:  Lara Easton, Chief Deputy City Attorney, San Diego & Natasha Robertson, Deputy City Attorney, San Diego

Click here to view the speaker's bios.


March 1- 42 USC 1983
Municipal Liability Claims under 42 USC 1983 – Issues and Concerns

Click here to view a descriptive outline of webinar.

Speaker: Carson J. Tucker 

Click here to view the speaker's bio.


March 6- First Net

 In preparing for FirstNet (or for State Alternatives), Local government attorneys, as soon as the third quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet begins to deploy its network. Or, local government attorneys may be called upon to negotiate a similar agreement with a state-run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves. The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:

• 6206(c)(2) which created an obligation for FirstNet to consult with regional, State, tribal, and local jurisdictions on network elements and construction; and 
• 6302(e)which provides that after a 90 day review period, the governor of each state may “opt in” or “opt out” of FirstNet, but if the governor opts out, that states has only 180 days to develop an alternate plan that must be approved by the FCC.

This presentation will explain the law, share insights from FirstNet and from attorneys that have been actively engaged in the State planning process, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next several months as FirstNet and State opt out decisions are being made. Participants will seek to provide practical guidance to protect your community in an environment where they must react to these decisions.

Speakers: Gerard Lederer, Barry Fraser, Mike Watza, Ken Fellman, Kevin Green (FirstNet) & Ryan Oremland (FirstNet)

Click here to view the speaker's bios.


March 8- Personnel
The EEOC’s New Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace

Part of the focus of this webinar will be on the protected Classes that the EEOC will be targeting, especially Religion and Ethnicity.

Speaker: Lawrence Lee & David Roth.

Click here to view the speaker's bios.


March 15- Technology
Getting Energized for Automated Vehicles

This webinar will provide an update on the regulatory path being paved with the release of the Federal Automated Vehicles Policy. Presenters will provide an update on federal policy, national legal developments and federal grant opportunities associated with automated vehicles. Additionally, practical guidance will be provided for the safe and successful implementation of shared mobility networks and driverless vehicle technologies into cities, including reducing risks in pilot projects, planning for infrastructure needs, and achieving energy efficiency through advanced transportation technologies. Technology is quickly merging with transportation and our speakers look forward to helping webinar attendees navigate the legal and policy considerations with automated vehicles.

Speakers: Gregory Rodriguez, Steven DeBaun & Ryan Baron

Click here to view the speaker's bios.


March 22- Code Enforcement
Protecting Community Cats: Law and Policy Considerations

FREE for members!

This session will give an overview of definitions and key provisions of local ordinances that can make or break a community cat program. Additional model drafting considerations regarding community cat programs wills be covered. Review and discussion regarding issues commonly related to these ordinances, such as the problem with feeding bans, and progressive nuisance-related provisions. The program will also address state statutory schemes as well as pertinent Federal statutory and regulatory schemes, and how those may affect considerations for ordinance drafting and enforcement.

Speaker: Richard Angelo

Click here to view the speaker's bio.


March 27- Telecommunications 
Cell Tower Leases

**This is a 90 Minute Webinar**

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers:  John Pestle & Jonathan Kramer

Click here to view the speaker's bio.

 


 March 28-First Amendment 

Government Speech and Public Forums

FREE for members!

What limits can be placed on public comment or advertising in various kinds of public forums? How far do the protections of the government speech doctrine reach in an era of public private partnerships? These questions have gained new urgency following the 2015 Supreme Court decision in Reed v. Town of Gilbert. Sign law guru Randal Morrison will join one of his co-authors of the IMLA joint amicus brief in Reed, Susan Trevarthen, and Sacramento city attorney Gerald Hicks to explain the current state of the law governing public fora and government speech.

Speakers: Randal Morrison, Gerald Hicks, Susan Trevarthen & Dan Mandelker.

Click here to view the speaker's bios.


March 30—Jails
Consent Decrees in Corrections

The demands on agencies to operate custody facilities within Constitutional guidelines is challenging, particularly during times of budget constraints.  This webinar will explore the potential risks of falling below Constitutional guidelines.  There will be discussion of Department of Justice investigations resulting in Consent Decrees, and a discussion of class action litigation brought on behalf of inmates and the methods of avoiding, managing and resolving such litigation.

Speaker: Jeb Brown

Click here to view the speaker's bio.


March 30- Joint SLLC / IMLA webinar (free, but no CLE).- 2:00PM Eastern

The Supreme Court’s 2016-17 docket is set. While the Court is still down a Justice and will decide fewer cases than usual this term, it will decide many cases of interest to states and local governments including a number of police cases, First Amendment cases, and a preemption case. Join Matt Wessler, Gupta Wessler, who argued the preemption case, Tom Bondy, Orrick, who co-wrote the merits brief for Los Angeles county in the most important police case of the term, and Lawrence Hurley, Supreme Court correspondent for Reuters, in a discussion of the cases and the future of the Court.


April 4- International Committee/Comparative Law---Local Infrastructure Issues

The IMLA International Committee will kick off its inaugural 2017 series of webinars on April 4th at 1 PM Eastern with a conversation between Michael Humphries QC  and Dwight Merriam, FAICP entitled “Retrofitting Our Cities for the 21st Century”  They will offer a cross-cultural comparison of the U.K. and U.S. of the infrastructure challenges and solutions facing both nations.  There are lessons to be learned from how the issues have been addressed in the U.K. that have “take away value” for those of us in the U.S. and Canada.

Speakers: Michael Humphries (UK) & Dwight Merriam (US)

Click here to view the speaker's bios.


April 5- Health and Environment

Perfluorinated Chemicals (PFCs) in Drinking Water: What Municipalities Need to Know About Evolving Regulatory Requirements, Health Effects and Cost-Recovery/Affirmative Litigation Options for PFOA and PFOS Contamination.

FREE for members!

In recent months, PFCs have been discovered in dozens of drinking waters supplies throughout the country resulting in EPA or state mandated multi-million dollar clean-up projects. The source of PFC contamination is typically a manufacturing facility that improperly stored, used or disposed PFC containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFCs.
In response to the discovery of this recent contamination and the public outcry over health effects associated with PFCs, EPA recently lowered its Health Guidelines for PFCs and states are also beginning to implement their own regulatory response to this growing problem.

This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating drinking water supplies contaminated with PFCs, health effects from PFC exposure and cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFCs.

Speaker: Kevin Madonna and Robert Bilott

Click here to view the speaker's bios.


April 6th—Police 
Use of Force- Moving Forward

Over the last two years there has been debate and discussion over law enforcement’s use of force, particularly in areas with large minority communities.  This session focuses on the law, community expectations, and recent proposals put out by President Obama’s 21st Century Policing task force as well as the National Consensus on Use of Force promulgated by a number of law enforcement groups.  Comparisons between the legal standard and recommendations, exhibit the potential that law enforcement officers may be held to two distinct standards with respect to use of force.  Attorneys representing public entities should be aware of these two distinct standards and how they may become blurred in legal claims of excessive force.

Speaker: Jack Ryan

Click here to view the speaker's bio.


April 12—Office Management 

FREE for members!

They don’t teach management in law school. Whether you run a small office or an extraordinarily large office the same principles often apply. G. Foster Mills was the Managing Attorney for the Corporation Counsel for the City of New York for over 12 years and will discuss some of the principles that he used in managing that office, some of the lessons he learned and some of the pitfalls to avoid. Charles W. Thompson will moderate the program and also talk about some of the principles that he used in managing a small office and a larger office when he was County Attorney in Carroll County, Maryland and then in Montgomery County, Maryland. The program will include discussions on basic principles coupled with some of the more esoteric theories of management. Both speakers will try to answer your questions during the presentation. Among the topics covered will be discussions of:

• Advancing the careers of your employees, including incentives, evaluations, feedback 
• Flexible work environments, such as work-from-home, flexible work schedules, leaves of absence
• Workloads for managers, how many people can you manage effectively?
• Ethics, including what the lawyer’s rules say about paraprofessionals and sources for ethics guidance for paralegals and the supervisor’s role
• Practical tips on supervising staff

Speaker: Foster Mills and Chuck Thompson

Click here to view the speaker's bios.

 


 

April 18th- Sanctuary Jurisdictions Webinar- FREE!

Legal Issues Surrounding the Executive Order on Sanctuary Jurisdictions Webinar

President Trump's January 25 Executive Order on "Enhancing Public Safety in the Interior of the United States," and specifically its provisions related to "sanctuary jurisdictions," have been subject to litigation. This webinar will help local government officials understand, and learn how to explain, the legal issues at stake in this litigation.

Although this webinar is being offered to help local government officials understand the legal issues involved, we believe IMLA members who are interested in these issues would benefit as well, particularly as this webinar may help you think about how to explain these issues to your local government officials and other non-attorney employees. This webinar is free though registration is required (including for kitchen sink members). No CLE credit is being offered. 

Speakers: Lisa Soronen, State and Local Legal Center, Amanda Kellar, International Municipal Lawyers Association, and Hadi Sedigh, National Association of Counties


May 1- Construction Contract Drafting 
Tailoring Your P3 Offerings for Specific Services for Development Opportunities

**This is a 90 Minute Webinar**

This program will introduce practitioners to the various forms of public-private partnerships currently being developed in municipalities around the country. The four most common forms of P3s include the following: 1) water and wastewater utilities, 2) energy project development, 3) public and sports recreational development, and 4) economic development. This program will teach municipal practitioners how to distinguish, differentiate and structure the deals based on the public purpose of the program. Essential contract provisions that vary between the forms of transaction will be identified and various language risk and cost-sharing arrangements will be discussed. Specific and preferable forms of land and facility ownership facility valuation net present valuation and forms of compliance foreclosure and termination options will be discussed.

Speaker: Jillian Jagling


 

May 8-Land Use: From the Bench:  A Judge’s View of How Local Government Lawyers Can Best Handle their Land Use Cases 

What makes a land use cases different from other cases? This webinar includes practical tips and insights from a former superior court judge on best practices for land use cases.

Speakers: Michael Giaimo, Dan Mandelker & The Honorable Peter Buchsbaum

Click here to view the speaker's bios.


May 10th- Personnel
Terminating Employees for Off Duty Acts of Moral Turpitude

The employment relationship is unique. Employers quite rightly view employees to be extensions of their business or organization, serving as representatives of the employer’s goals and mission. Employees for many purposes become the public face of the employer. Indeed, in many circumstances, the acts of an employee can become legally binding on the employer. Accordingly, it would seem that employer has a very strong interest in employing people whom the employer believes display character traits consistent with its own values.

When an employee engages in bad acts while on the job, the employer’s interest in regulating and disciplining the employee for such is obvious and unquestioned. The more difficult question is posed by circumstances where the employee engages in bad acts while off-duty. Does the employer have a legitimate interest in disciplining an employee, to include terminating him, for such off duty conduct? If the employee and his character become extensions of the employer and the face of the business or organization, doesn’t the employer have a compelling interest in determining whether their employment relationship should continue when the employee has engaged in behavior that the employer finds morally repugnant? What are the legal constraints on such terminations?

In this presentation, the term “moral turpitude” shall refer to any act by an employee that portrays a base or depraved character, including illegal, unethical, or immoral conduct, as well as behavior that is judged to be outside societal norms. Though such standards of conduct are perhaps difficult at times to establish and consensus may not be universal, the oft-used phrase “conduct unbecoming” is the essence of concept addressed by this discussion.

Speakers: Thomas S. Rice & Roberta "Robin" Cross 

Click here to view the speaker's bios.


 

May 17th- Technology- The Sharing Economy: Airbnb and Uber FREE for members!

The growth of ride sharing and short-term rental websites and applications have disrupted the hotel and transportation industries.  These disruptions affect cities in a number of ways, including licensing, regulation and land use impacts.  This webinar will provide an overview of these impacts and explore ways in which cities can mitigate the harmful impacts and take advantage of the positives ones.

Speaker: Josh Nelson

Click here to view the speakers bio.


June 5- Personnel
Fitness-for-Duty Exams: A Sword and a Shield in ADA Litigation

Fitness-for duty evaluations are a practical tool that can be used to either validate, or disprove, an employer’s contention that an employee may lack the physical and/or mental capacity to perform the essential functions of the job. Such an evaluation is of critical important in the public-safety sector, particularly with law enforcement offices, because of their constant engagement with citizens, which is both highly visible and heavily scrutinized. While fitness-for-duty exams are a useful preventative measure that can reduce the employer’s exposure and provide a legitimate basis for removing unsuitable employees from the workforce, the benefits co-exist with risks in light of 42 U.S.C. § § 12101-12213—the Americans with Disabilities Act, as amended (“ADA”).

Under the ADA, an employee can qualify for the statutory protections if the employee is either actually disabled or regarded as disabled. However, the employee must be able to perform the essential functions of his or her job. A failed fitness-for-duty exam strengthens the employer’s posture in litigation because it is evidence that the employee cannot perform the essential job functions. On the other hand, if an employee successfully completes a fitness-for-duty exam and is later subjected to an adverse employment action, the very act of requiring the fitness-for-duty exam may be used as evidence that the employee was regarded as disabled by the employer. As such, even if no actual disability exists, the employee may be able to establish that he or she was veiled by the ADA’s protections, making the employer’s burden at trial more challenging.

This presentation will analyze the interplay between the right of the employer to require fitness-for-duty evaluations and the employer’s obligations under the ADA to refrain from disability discrimination, in the context of litigation.

Speaker: Kelly Madrid, Assistant City Attorney, Fort Worth City Attorney’s Office

Click here to view the speaker's bio.


June 14- Jails
Lessons from Ferguson: What Every Municipal Lawyer Needs to Know

The tragic events of 2014 in Ferguson, Missouri in the wake of the shooting of Michael Brown by Officer Darren Wilson, not only triggered protests and civil disorder, placed a community of 20,000 people at the center of vigorous debate in the United States about the relationship between law enforcement officers and African Americans, the militarization of the police, and the use of force doctrine in Missouri and nationwide.

In response to the shooting and subsequent unrest, the U.S. Department of Justice conducted an investigation into the policing practices of the Ferguson Police Department. In March 2015, the U.S. Justice Department announced that they had determined that the Ferguson Police Department had engaged in misconduct against the citizenry of Ferguson, by discriminating against African-Americans and applying racial stereotypes, in a "pattern or practice of unlawful conduct." While the conclusions of the 100 page report pertaining to law enforcement priorities were widely reported, media account predominantly focused on law enforcement practices. The report also detailed practices in the municipal court that that imposed substantial and unnecessary barriers to defendants that undermined the court, eroded community trust, contributed to making policing less effective, and ultimately devastated the City of Ferguson.

As the City of Ferguson works to rebuild a community that is damaged in multiple ways, U.S. Department of Justice Civil Rights Division’s report provides insights that may prevent other cities thought out the United States from experiencing similar tragedies.

By the end of the session, participants will be able to:

1. Explain how Ferguson Municipal Court practices harmed the community and the City of Ferguson;
2. Identify safeguards in state laws designed to prevent abuses of power similar to those that occurred in Ferguson; and
3. Describe the local and nation consequences and reforms stemming from the Ferguson tragedy.

Speaker: Ryan Kellus Turner

Click here to view the speaker's bio.


June 20- Legal Issues in Municipal Finance
This presentation will introduce legal issues in local government finance, including those that confront counsel when raising revenues, making expenditures, and borrowing money. The webinar describes the different characteristics of taxes, fees, and bonds, and includes important practice information such as constitutional and statutory limitations.

Speaker: Eric Shytle

Click here to view speaker bio.


June 21- Ethics
Rule 4.2: The “No Contact Rule”

Model Rule 4.2, commonly referred to as the “No Contact Rule,” governs communications with persons represented by counsel and, at its core, provides:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Intended to preserve the proper functioning of the attorney-client relationship as well as shield adverse parties from improper approaches, this application of the Rule becomes complicated when the party is a corporation or governmental body. Who falls within the protection of the Rule, and who can you rightfully shield from contact? Who are you allowed to contact? What special aspects of the Rule apply when a governmental body is involved? There are many aspects of Rule 4.2 and complexities to consider. This webinar will explore Rule 4.2 and provide attendees with an analytical roadmap through which to assess these issues.

Speakers: Tom Lynch, Trish Weaver & Charles W. Thompson, Jr.

Click here to view the speakers bios.


June 22- Land Use/ILGL 
Best Practices for Drafting Land Use Ordinances

You'll learn about:

• Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.

• Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.

• Writing in plain English; avoiding legalese and plannerese. Remember your audience.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.

Little time in a planner's education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.

The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.

Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.

Speakers: Kimberly Mickelson, David Silverman and Dan Mandelker

Click here to view the speakers bios.


June 28- Technology
Achieving Website Accessibility for Municipalities and Local Governments
FREE for members!

A recent benchmarking study of municipality websites revealed that 40 percent failed accessibility tests. These results are troublesome in light of the ADA’s legal mandate that the operations and services of local governments, including their websites, are accessible to individuals with disabilities who make up over 15% of the population. The U.S. Department of Justice not only is moving forward with promulgating regulations to govern website accessibility, but also is pursuing legal actions against those municipalities and local governments whose websites and other Internet communications are not accessible to individuals with disabilities.

In their webinar, Jonathan R. Mook, a partner in the law firm of DiMuroGinsberg and a nationally recognized authority on the Americans with Disabilities Act and Michael Adams, who has over 18 years of experience in the IT industry, will discuss the legal obligations of municipalities and local governments to ensure that their Internet communications are accessible and provide practical advice on the best steps to take to achieve website accessibility. They will also review various technologies that are used by individuals with disabilities to access digital information. Through demonstrations and video clips examples of how technologies are used as well as examples of inaccessible and accessible websites will be discussed. Jonathan and Michael are expected to address such important areas as:

• Questions to address with IT and third party vendors regarding the compatibility of your website’s technology with website visitors' Assistive Technology such as speech-recognition software, magnification software or alternative input devices;
• How VPATs (Voluntary Product Accessibility Template) can help in the evaluation of third party software;
• Captioning of videos housed on your website, to ensure that hearing-impaired web-site visitors have access to the information;
• Examples of how visually impaired web site visitors may not be able to read information on your website due to color contrast or font size;
• How questions in a certain website processes (i.e. filling out an application) could run afoul of the ADA if they require timed responses or lack a method to pause.; 
• Best practices for using images on your website, so they can be interpreted by all; and
• Other technology-based assistive accommodations you may need to make for disabled employees.


Speakers: Jonathan Mook, Michael Adams & Dan Crean


Click here to view the speaker's bios.


July 10- Land Use
Agricultural Land Preservation

Our speaker, a professor of planning at Kansas State, is widely acknowledged as one of the nation’s preeminent authorities on farmland preservation. If you care about feeding this and future generations, you will want to join us for this eye-opening discussion of how you can preserve that production base through regulation.

Speakers: John Kellar, Dwight Merriam & Daniel Madelker

Click here to view the speakers bios.


July 12- Personnel
Impact of Social Media Networking on Cities

Employees check out their Facebook friends at work.  Did you see the tweets?  Put the cellphone down!  Social media has inundated our lives. Are your personnel policies up to date to address the lack of productivity and use of public resources?  What can you monitor - and what can you use to discipline an employee?  This webinar will explore the variety of personnel issues that social media implicates in the municipal workplace and provide important pointers to avoid the pitfalls.

Speakers: Cindy J. Crosby & Roberta "Robin" Cross

Click here to view the speaker's bios.


July 13- SLLC Supreme Court Review Webinar

First Amendment and police cases dominate the Supreme Court's state and local government docket this term. Discuss these and other cases of interest to states and local governments with Mike Scodro, Mayer Brown, who argued one of the police cases this term, Kyle Duncan, Schaerr Duncan, and Ayesha Khan, Potomac Law Group.

Time: 1PM Eastern time


Thank you to NACo for hosting this event!


July 24- Indemnification, Insurance and Bond Issues for Public Construction Projects

Attorneys Christopher Petrini and Christopher Brown, experienced practitioners in both municipal law and construction law, will present an informative program on risk allocation issues for public construction projects, including indemnification provisions, insurance requirements, and payment and performance bonds.

FREE for members!

Speakers: Chris Petrini & Christopher Brown

Click here to view the speakers bios.


 

July 27- Land Use 
Murr v. Wisconsin Part II

In February, the IMLA land use webinar schooled you on Murr v. Wisconsin. The Supreme Court has now upheld the County ordinance at issue. On July 27 at 1 pm ET, tune in to hear Susan Trevarthen talk to John Echeverria, Lisa Soronen, and Jeffrey Mandell authors of amicus briefs in the case, who will analyze the opinion and discuss its implications for local government regulations going forward.

Speakers: John Echevarria, Lisa Soronen, Susan Trevarthen & Jeffery Mandell

Click here to view the speaker's bios.


August 2- Telecom

Selling Your City’s Cell Lease/Future Leasing Rights

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


August 14- Land Use
Developments in Eminent Domain after Kelo

Although the Kelov. New London SCOTUS decision upheld the local exercise of eminent domain for redevelopment – transfer of private property to private developers to revitalize blighted urban areas – you wouldn’t know it.  The backlash from Kelo has been intense but mixed: anti-eminent domain and anti-redevelopment sentiment has increased, but efforts to constrain local eminent domain power and redevelopment have been largely unsuccessful.  In the immediate aftermath of Kelo, the federal government and many states attempted to restrict the use of eminent domain for redevelopment, but these efforts failed for the most part.  The California legislature and Governor Brown, however, abolished redevelopment in 2012. The webinar will touch on the pros and cons of eminent domain for redevelopment and legislative inroads into the eminent domain power.

Speakers: Susan Trevarthen, Andrew Schwartz & Dan Mandelker

Click here to view the speaker's bios.

 


August 16th—Police -Exculpatory Evidence- Wrongful Conviction Liability

Over the last two decades, law enforcement has become increasingly aware of how a failure to produce exculpatory evidence to a defendant facing trial may impact a conviction of the defendant. Through a number of cases, law enforcement is well aware that the failure to notify the prosecutor that exculpatory evidence exists may not only impact the conviction of the defendant but may also lead to civil liability for the investigators and the agency.

This session focuses on the foundation cases that created a prosecutorial duty to turn over exculpatory evidence to the defendant or face consequences including the dismissal of criminal charges. Over the last two decades, law enforcement has been held liable for this Constitutional obligation of prosecutors when a failure of law enforcement to turn over exculpatory evidence has led to a wrongful conviction.

In the 2016-2017 term, the United States Supreme Court provided further detail to the requirements of Brady


in Turner v. United States. Turner and the details of the materiality requirement will be discussed.

The main objective of this session is to discuss the liability of municipal law enforcement officers and municipalities when there is a Brady violation as well as the obligation of municipalities to make the prosecutor aware of officers who have a personnel history that may impact their credibility as a witness. Strategies for avoiding these liabilities will also be offered for consideration.

Speaker: Jack Ryan

Click here to view the speaker's bio.

Click here to register.


August 22nd- Personnel- Integrity in Public Service: Laws & Codes of Conduct

What do the Golden Rule, the Girl Scouts, Robert Fulgram and the ABA’s Model Penal Code for Lawyers have in common? That’s right – you!

Some rules are mandatory, others are merely aspirational. Certain laws restrict behavior, while others just require submission of standardized forms. All are meant to curb corruption and instill confidence in the minds of the citizenry. Lawyers whose client is the public should remain mindful not just of the requirements and procedures, but also the spirit of good governance and the broad unwritten ethical responsibilities that come with that practice…

Speaker: Alan Bojorquez  

Moderator: Robin Cross


August 23- Municipal Finance: Recent Developments in Municipal Securities Law

A discussion of recent Securities and Exchange Commission enforcement actions against state and local governments and officials, developments in Municipal  Securities Rulemaking Board rules affecting advisors to state and local governments, and other securities law developments relevant to municipal bond issuers.

Speaker: Elaine Greenberg, Saliha Olgun and Robert Doty

Click here to view the speaker's bios.


August 23- DOJ Byrne Grant Discussion-3:00 PM EDT

Based on a question from a member about signing the certification in the Byrne Grant Application, IMLA will host a call for members interested in discussing this issue. This call will provide members with an opportunity to discuss their questions and concerns arising from the 2017 DOJ Byrne Grant application process and accompanying certification. Space will be limited.


 

August 31- Signs and Speech Two Years After Reed

The lower courts have had two years to apply the Supreme Court’s holding in Reed v. Town of Gilbert, Arizona that content-based regulations are subject to strict scrutiny. John M. Baker, Greene Espel, will discuss how local governments have been modifying their sign codes to come into compliance with Reed and how courts have interpreted the Reed decision in and out of the sign context.

* Please note this is NOT an IMLA CLE event.

Thank you to the National League of Cities for hosting!


 

September 11th- Land Use- BIAS, AND CONFLICTS, AND PRE-JUDGMENT, OH MY!

Come on, just because the commissioner’s brother-in-law is the applicant for a shopping center shouldn’t be a problem, should it?  And the fact that another commissioner is a Deacon in the church nest door is no concern?  Or that the elected chair of the commission ran on a platform of saving the small town local merchants from those evil big boxes?  Prof. Owens has something to say about all this and more!

Speakers: David Owens, Dwight Merriam & Daniel Mandelker

Click here to view the speaker's bios.


September 13- Personnel
STRATEGICALLY SPEAKING: Negotiation Tips for better bargaining at the table

Tips on preparing for bargaining and reaching your goals, holding your ground, maintaining legal compliance with contract language, giving the other side an opportunity to say yes and closing the deal.

Speakers: Steven Schuback & Robin Cross

Click here to view the speaker's bios.


September 20-Telecommunications
Cell Tower Zoning

**This is a 90 Minute Webinar**

As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


September 28th- FREE WEBINAR on Cambodia's Environmental Code

Cambodia's New Environmental Code: A Primer on Environmental Governance Issues in the 21st Century

The ABA Section of State and Local Government Law's International Law Committee and the IMLA's International Committee are proud to sponsor this program: Cambodia's New Environmental Code: A Primer on Environmental Governance Issues in the 21st Century.

Cambodia has embarked upon a startling transformation of its environmental and land use laws. A new generation of political leaders seeks to modernize the country's approach to the entire spectrum of environmental issues from protected areas management to pollution control to land use planning. The proposed new Environment and Natural Resources Code would also provide drastically enhanced transparency and grievance mechanisms.

Cambodia's Ministry of Environment is the key proponent of the new Code and has tasked Vishnu Law Group, a Cambodian public interest law firm, to lead the effort of developing the contents with stakeholder input. Vishnu has in turn reached out to a range of experts over the two year process of creating the Code, including Retired Judge Peter Buchsbaum, member of the ABA's State and Local Government Law Section.

Please join us on September 28 at 6:30 p.m. EDT for a discussion about the process to create the new Code, particularly its sustainable land use planning provisions, the challenges and solutions in creating viable governance mechanisms such as the Code in developing countries, and the opportunities for value added engagement from US-based legal professionals in this ongoing effort and others like it. In addition to Mr. Buchsbaum, we will be joined for this webinar by Megan Quenzer, Project Manager, and Brian Rohan, Advisor, both based in Phnom Penh with Vishnu Law Group.

Registration: https://zoom.us/meeting/register/388352c47b89967366858a512be5123a


October 4th- Ethics- Litigation Ethics, Civility, & Dealing with Pro Se Litigants

What happens if an opposing lawyer is acting badly or unprofessional? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.

FREE for members!

Speaker: Dolores Dorsainvil

Click here to view the speaker's bio.


October 24th Supreme Court Preview webinar- THIS IS NOT AN IMLA WEBINAR NOR IS IT A CLE EVENT

 


It is rare for the Supreme Court to have such an interesting docket before its new term begins. But it is not rare that the interesting cases--including partisan gerrymandering, the travel ban, free speech and the free exercise of religion--affect states and local governments. Join Todd Kim, District of Columbia Solicitor General, who will argue one of the two cases involving the District this term, Ashley Johnson, Gibson Dunn, who co-wrote a merits brief on behalf of Governor Chris Christie in a sports gambling case, and Kevin Daley, Supreme Court reporter for the Daily Caller News Foundation, in a discussion of the most important cases so far for states and local governments to be decided in the Court's 2017 term. 

Time: 1 PM Eastern


This webinar is FREE and open to the public. If you can’t make this day and time then sign up anyway and you will receive a recording of the webinar. The SLLC will not apply for CLE credit in the 50 states for this event.


 

October 31st- Disaster Recovery- 

Counsel’s Role in Securing Insurance Recoveries for Hurricane Losses

 The program will discuss the important role that legal counsel plays in pursuing recoveries for large and complex insurance claims resulting from Hurricanes.  While insurance risk management may not ordinarily be handled by counsel,  when large losses are suffered  legal advice and participation are important at various stages of the claim  process, including the interpretation of insurance contracts, the identification of potential coverage issues, and the development and pursuit of strategies for driving a claim to a prompt recovery. The program will provide and discuss a checklist of important tasks requiring counsel’s participation, and address important  coverage issues,  such as whether a loss falls within exclusions or low limits for flood damage.

Speaker: Finley Harckham

Click here to read the speaker's bio.


November 8- Litigation Strategies for Defending Public Entities against ADA Access Claims

Mike and Neil will provide an overview of how the ADA applies to public facilities and services.  The program will begin by discussing the application of the ADA to local public entities.  The program will then proceed to discuss litigation strategies in defending Title II lawsuits.

Speakers: Neil Okazaki, Michael Chileen & Roberta "Robin" Cross

Click here to view the speaker's bios.


November 29- Land Use
Form-Based Codes

Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses.  This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.

Speakers: Bill Spikowski, Joe Khol, Susan Trevarthen & Daniel R. Mandelker

Click here to read the speaker's bios.


December 6th- Construction Contracts

In King County v. Vinci/Parsons RCI/Frontier-Kemper, JV and Liberty Mutual et al., King County won a contract dispute returning to it over $130 Million and $15 Million in attorneys’ fees.  Learn how and learn how the construction contract provisions enabled this win.  When construction contracts go well, no one seems to notice but when they break bad, they’re in the news.  A loss can be disastrous, put yourself in a position to win.

Speaker: Mary Englund

Click here to view the speaker's bio.


December 11th- Land Planning

Ten Easy Lessons:  How Local Governments Can Successfully Defend against RLUIPA Claims

 This program will briefly describe RLUIPA’s basic provisions, followed by a discussion of at least 10 lessons municipalities and their counsel should heed based on the past 10+ years of RLUIPA litigation.  The key to preventing extremely expensive and highly emotional RLUIPA claims is to proactively plan for religious uses and to educate local decision makers.  This program will provide practical advice on how municipalities can avoid the costly mistakes of other communities.

Speakers: Dwight Merriam, Dan Mandelker, John Peloso, Karla Chaffe & Diana Neeves

Click here to view the sepaker's bios.


December 14- Preemption FREE for IMLA Members!!

Excavation Fee Ordinances

Speaker will share valuable lessons learned from litigating issues arising from Concord, New Hampshire’s excavation fee ordinance. This presentation will also include a broader discussion of excavation fee ordinances as well as key insights and tips for cities wishing to implement similar ordinances. See description below.

After nearly 7 years of litigation, the New Hampshire Supreme Court issued an Order which found that Concord NH’s excavation fee ordinance, which charges utilities a fee to excavate paved roadways, is valid under New Hampshire law. This is a significant victory for both Concord as well as other municipalities across the United States in their efforts to preserve paved roadways.

By way of background, following years of research throughout the 1990s and 2000s, Concord observed deterioration to its paved roadways as a result of utility excavations. In 2009, the Concord City Council adopted the excavation fee ordinance to protect Concord’s taxpayers from paying the long-term deterioration costs that occur when utilities excavate and patch paved roadways. In July of 2010, Liberty Utilities (natural gas company) brought a lawsuit in Merrimack County Superior Court challenging Concord’s excavation fee ordinance as invalid. Concord defended the validity of the ordinance, which included several proceedings in the trial court, including a 6-day bench trial, and two appeals to the New Hampshire Supreme Court. Ultimately, the NH Supreme Court found in favor of Concord– the excavation fee ordinance was deemed valid, and therefore, Concord was entitled to retain all excavation fees collected and maintain its excavation fee ordinance.

Speaker: James Kennedy

Click here to view the Jim's bio.

 

2019 Distance Learning

 

2019 Webinar Schedule

Please visit this page for regular updates. Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members. In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Interested in ALL of the webinars? Register for the Kitchen Sink Subscription!! The entire office can recieve 40+ webinars at a cost of just $599. CLICK HERE to learn more.

 

*If you register within 1 hour of the webinar starting, please email This email address is being protected from spambots. You need JavaScript enabled to view it. to ensure you are sent the log in credentials.*


Upcoming Webinars

January 8

Waste Collection

Description forthcoming.

Speaker: Barry Shanoff

Barry Shanoff is a Bethesda, Md., attorney and general counsel of the Solid Waste Association of North America.

Click here to register.


January 10 - Personnel

Disaster Planning

Marc Zafferano will discuss the personnel aspects of disaster planning and the aftermath of human-caused disasters.  This will include a discussion of employee training, response by emergency personnel and other city staff members, providing assistance to the victims of the disaster, and addressing post-disaster human resources and legal issues.

Speaker: Marc Zafferano

Marc L. Zafferano was appointed City Attorney of San Bruno in February 2011, a few months after the PG&E pipeline explosion that devastated the City. Previously, he was a partner at the San Carlos, CA law firm of Aaronson, Dickerson, Cohn, and Lanzone, where he had practiced municipal law and civil litigation since 1987. He was City Attorney for the City of Belmont for five years, during which time he drafted one of the first ordinances that prohibited smoking in multi-unit residences, an effort that drew national and international media interest. He was also District Counsel for the San Mateo County Harbor District for ten years, and represented the cities of San Carlos, Foster City, Half Moon Bay, and the Town of Woodside in litigation, trying over 20 cases to verdict and amassing a 100% success record in public entity trials and appeals over a ten-year period.

Marc has been a member of the California State Bar Association, the American Bar Association, the San Mateo Bar Association, and the California Trial Lawyers Association, and served on various committees for the latter two organizations. The Superior Court appointed him as a Judge Pro Tem and an Arbitrator in 1998. Marc was the attorney-coach for the Westmoor High School mock trial team for 20 years, was President of the Board of Directors of the Stanford Arboretum Children’s Center, and heads the Math Club at the local middle school.

Marc received a B.A. in Political Science, with distinction, and Honors in Values, Technology, and Society from Stanford University in 1980 and graduated from Hastings College of the Law in 1983.

Click here to register.


February 5 - Technology

Dockless Scooters and Bikes

Description forthcoming.

Speaker: Greg Rodriguez

Working out of the firm’s Washington, D.C. office, Gregory Rodriguez uses his unique experience working on Capitol Hill and as in-house counsel for a transportation planning agency to provide legal and regulatory guidance concerning federal grant and contracting requirements, and monitors, counsels and advocates for clients on federal legislation, rulemakings and funding opportunities related to transportation infrastructure. Greg has in-depth knowledge and understanding of the Fixing America’s Surface Transportation Act of 2015 and presents nationally on the policy and legal implications of the FAST Act.

Greg’s practice includes providing information, policy insight and legal assistance on the regulation and incorporation of emerging transportation technologies into our transportation network, including autonomous vehicles and drones. Greg regularly writes and speaks on policy and legal issues involving technology and innovation. Greg regularly participates in national webinars and speaks at conferences hosted by organizations including the Southern California Association of Governments and the Maryland Association of Counties on smart planning for driverless and connected vehicles.

Greg is well versed on the various contracting options available to public agencies and takes a hands-on approach to ensure a successful project delivery on public construction projects, including large transportation infrastructure projects. Greg previously served as in-house counsel for the San Diego Association of Governments, where he worked on the Mid-Coast Corridor Transit Project.

Before attending law school at the James E. Rogers College of Law at the University of Arizona, Gregory was a staff member for U.S. Sen. Dianne Feinstein in Washington, D.C., where he provided legislative support for issues related to the environment, energy and water.

Greg is admitted in the State of California and the District of Columbia.

Click here to register.


February 19 - Ethics

Ethics

Description forthcoming.

Speaker: Dolores Dorsainvil

Dolores Dorsainvil is an Assistant Disciplinary Counsel with the D.C. Office of Disciplinary Counsel where she investigates and prosecutes District of Columbia lawyers for ethical misconduct. Professor Dorsainvil is also an Adjunct Professor at American University’s Washington College of Law where she teaches legal ethics to second year law students. Professor Dorsainvil is an appointed member of the ABA Standing Committee on Professionalism and Past Chair of the Ethics Committee of the Maryland State Bar Association (2014-2015), is an appointed member of the Maryland Professionalism & Civility Committee. She teaches the mandatory Professionalism Course for new admittees in the District of Columbia and Maryland Bar, and is the Past Co-Chair of the Ethics & Professionalism Committee of the ABA Young Lawyers Division. Professor Dorsainvil serves in leadership roles within local and national bar associations, including her service as a past appointed member of the Standing Committee on Professional Discipline for the ABA (2012-2015), Past Fellow of the Maryland State Bar Association Leadership Academy (2006), former Co-Chair of the Judicial Selections Committee of the Women’s Bar Association of Maryland (2009-2010), and Past President of the Black Women’s Bar Association of Suburban Maryland (2002-2004). Professor Dorsainvil has received significant recognition for her work and dedication and is the recipient of the Finalist award for the ABA Young Lawyer’s Division National Outstanding Young Lawyer of the Year 2011, the ABA’s Center for Professional Responsibility Rosner and Rosner Young Lawyers Professionalism Award 2012, the 2012 Edward F. Shea Professionalism Award given by the Maryland Bar Foundation, the Daily Record’s Maryland Top 100 Women awards, May 2013 & June 2015, and the Daily Record’s Leadership in Law, November 2013.

Click here to register.

Past Webinars

2016 Distance Learning Program

 

Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members.  In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE and fill out the order form.


Upcoming Webinars

 


December 12 – Land Use – L11

Disparate Impact Liability and the Fair Housing Act

The U.S. Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project brought clarity to the question of whether disparate impact liability exists under the Fair Housing Act.  Disparate impact looks at discriminatory effects of facially-neutral policies and practices, including zoning laws.  In upholding the use of disparate impact, the Supreme Court kept intact one of three ways that local governments can be held liable under the Fair Housing Act, but with some important limitations.  This program will review the Inclusive Communities Project case and outcome, and will talk about its implications for local governments.

Speakers: Dwight Merriam, Dan Mandelker & Brian Connolly.

Click here to view the speakers bios.

Click here to register.


 

December 14- Extension on the June 13th Webinar: Land Use – L6

Show Me the Money – Real Estate Financing

FREE*

This free, one-hour presentation will focus on the advantages of public finance to incentivize private development with Public-Private Partnerships (P3).

Speakers: Arthur C. Nelson, Dwight Merriam & Dan Mandelker

Click here to view the speaker's bios.

Click here to register.

*Limited availability


December 15th- Drones and Drone Licensing Update

Dr. Gregory S. McNeal will share updates from the FAA's new rules for flight over people, check in on Part 107's first six months, and preview the regulatory updates to come in 2017. How will the regulatory landscape shift in the coming year? What is the FAA saying about local drone ordinances and federal preemption?

Speaker: Gregory McNeal

Click here to view the speaker bio.

Click here to register!

 


 

 

Past Webinars

 

January 11 – Land Use – L1
The Year in Review

While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2016.

Speakers:Nancy Stroud, Peter Salsich, Stuart Meck, Carol Brown, Dwight Merriam & Dan Mandelker

CLICK HERE to read the speaker's bio.


January 12 - SLLC Webinar

2:00PM EST

Will Public Sector Collective Bargaining Survive This Supreme Court Term?

**This is a non-CLE event**

 Reserve your FREE webinar seat now by clicking here.

We won’t know for sure until the end of June when the Supreme Court will most likely issue its opinion in Friedrichs v. California Teachers Association. But we may have a better idea after the Court hears oral argument on January 11. Discuss the legal issues in this case and what’s at stake for state and local governments if the Supreme Court rules that public-sector “agency shop” arrangements are unconstitutional with Michael Carvin, Jones Day, who will argue this case on behalf of the teachers objecting to fair share.

After registering, you will receive a confirmation email containing information about joining the Webinar.


System Requirements:
PC-based attendees
Required: Windows® 8, 7, Vista, XP or 2003 Server

Mac®-based attendees
Required: Mac OS® X 10.6 or newer

Mobile attendees
Required: iPhone®, iPad®, Android™ phone or Android tablet


January 14 – Ethics – E1
Ethics and Technology

FREE*

The ABA model rules tells us that a “lawyer shall provide competent representation to a client,” and notes that “competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” How far does the ethical obligation of technological competence extend and how can non-geek lawyers satisfy it? This presentation will provide insights into this topic and provide a discussion of ABA Model Rule 1.1, Comment 8.

Speaker: Peter Haskel

CLICK HERE to read the speaker bio.

*Limited availability


January 20 – Personnel – P1
Sexual Harassment Training: It's Not About Teaching HOW TO Harass & Retaliate

Municipalities understand the obligation to address sexual harassment in the workplace.  Unfortunately, some individuals view sexual harassment training and education as a means of learning the ropes of how to harass instead of how not to engage in harassment.  This seminar provides a template for sexual harassment training, including preventing and addressing retaliation, along with substantive and practical guidance in helping employer, supervisors and employees in recognizing and distinguishing acceptable and unacceptable workplace conduct.

Speaker: Dan Crean, Roberta Cross, Warren Kraft

CLICK HERE to read the speaker's bio.



January 25 – Police – PO1
Law Enforcement Vehicle Pursuits-Law and Best Practice

Federal Law Landscape: Since 1998 and the U.S. Supreme Court’s Decision in Sacramento v. Lewis, the likelihood of a federal claim in a pursuit case has greatly diminished. A portion of the webinar will cover the U.S. Supreme Court cases involving pursuits including: Scott v. Harris (2007); Plumhoff v. Rickard (2014); and Mullinex v. Luna (2015 per curiam) and the impact of these decisions on potential federal civil rights actions in pursuit cases.

State Discussion: A view of several different state emergency vehicle operation codes that provide some protection for injuries caused during pursuits.

Generally accepted practices on pursuits: This portion focuses on the varying policies and training being utilized by law enforcement around the country with respect to the decision to pursue; the tactics used to end pursuits; and agency reviews of pursuits.

Speaker: Jack Ryan

CLICK HERE to read the speaker bio.


February 2 – New Government Lawyer Series – NGLS1
Trial Practice 101: The Anatomy of a Shooting Trial

Officer involved shootings and the potential for police liability in those shootings have become a focal point in the American consciousness. Considering this, it is important to understand what is needed to successfully defend officers involved in these shootings. “Anatomy of a Shooting Trial” will provide an introductory look at the trial tactics, strategies, and logistics of the civil defense of an officer and assist you in your next officer involved shooting trial.

Speaker: John Wilkerson

CLICK HERE to read the speaker bio.


February 8 – Land Use – L2
Signs (Warning: This IS a Content-Based Program)

*90 MINUTE WEBINAR*

No question about it, Reed v.Gilbert, Arizona, the US Supreme Court's recent decision on content-based signage is the big deal and has been the subject of much discussion, speculation, and angst.  We will certainly address that decision and its fallout, with some real "take-home" advice on how to patch up local regulations, parts of which have been rendered unconstitutional on their face as a result of the Reed decision.  However, we will go beyond that to look at recent developments in electronic signage and the always nettlesome problem of temporary signs.  Finally, we will top it off with what probably should be the first question in most cases: is it a sign?

Speakers: John Baker, Brian Connolly, Susan Trevarthen, Dwight Merriam & Dan Mandelker

CLICK HERE to read the speaker's bio.


February 11- Personnel- P2

Best Practices to Consider When Negotiating an Employment/Retainer Agreement for a Chief Legal Officer

FREE*

Panelists, who developed the IMLA Model Employment/Retainer Agreements, will discuss best practices and identify the terms and conditions that should be considered in any employment agreement for a full-time in-house chief legal counsel, or a law firm or individual who is retained to serve as chief legal counsel utilizing the recently developed IMLA Model Employment/Retainer Agreements.

Speakers: Marion Radson, Howard Friedman, Susan H. Churuti & Charles W. Thompson

CLICK HERE to view the speaker's bio.


February 17– Personnel – P2
Tips and Pitfalls for Conducting Internal Investigations of Employee Complaints

Properly conducted internal investigations can be key to successfully solving workplace conflicts and defending complaints involving municipal employees.  Common mistakes in investigation techniques can lead to adverse consequences, especially in the public sector.  Join popular IMLA presenter and employment lawyer Sheila Gladstone for guidance on how to “do it right” and avoid traps and missteps along the way.

Speakers: Dan Crean & Sheila Gladstone

CLICK HERE to view the speaker's bio.


February 23 – Litigation – LI1
Litigating Pensions

Local governments nationwide are faced with debilitating defined benefit pension costs and deficits. Without modification, these pension plans threaten financial crisis, and may result in layoffs of public employees, reduced governmental services and increased taxes. The decision to modify a pension plan is not simple, however. The public employer’s ability to amend its pension plans is regulated by state laws which protect the retirement income of public employees. Pension modification is an arduous process that likely will result in litigation.

In 2011, the City of Atlanta faced an approximately 1.3 billion dollar unfunded pension deficit. Atlanta City Attorney Cathy Hampton and the Law Department were integral to the City of Atlanta’s historic pension reform by drafting the reform legislation, facilitating implementation and successfully defending it against a legal challenge. On November 10, 2014, the Fulton County (Georgia) Superior Court granted the City’s Motion for Summary Judgment. In a 34-page opinion, the court affirmed the constitutionality of the reform and dismissed the class action lawsuit in its entirety. (Stephen Borders, et al. v. City of Atlanta, et al., Fulton County Superior Court Case No. 2013-CV-23902).

On November 2, 2015, the Supreme Court of Georgia unanimously affirmed the Fulton County Superior Court’s grant of summary judgment. (Supreme Court of Georgia Case No. S15A0816) The Supreme Court held that the City’s increase of employee pension contributions did not impair Plaintiffs’ employment contracts. In so holding, the Court ruled that the contribution increase did not alter the employees’ protected pension benefits, but instead altered the employees’ unprotected pension obligations. This legal victory provides a roadmap for other local governments seeking to remediate escalating pension costs rather than suffer from escalating debt.

City Attorney Cathy Hampton, Chief Counsel Robin Joy Shahar and Assistant City Attorney Seth Eisenberg will bring a breadth of knowledge for the development and legal defense of strategic pension reform.

Speakers: City Attorney Cathy Hampton, Chief Counsel Robin Shahar & Assistant City Attorney Seth Eisenberg

CLICK HERE to view the speaker's bio.


March 8 – Police –PO2
Truth Lies and Body Cameras

There is a great deal of discussion across the country regarding the benefits and drawbacks of body cameras, but with 120 cameras in the field for the past year, Duluth is in a unique position to take it a step further and demonstrate the “boots-on-the-ground” impact of this emerging technology on both police work and trials (tech issues, costs, retrieval and preservation of evidence, impacts on courtroom dynamics, and so on). This presentation will focus on the manner in which body cameras are changing police considerations in the field, as well as the approach of prosecutors at trial.

Speaker: Nathan N. LaCoursiere

CLICK HERE to view the speakers bio.


March 11 – SLLC Supreme Court Mid-Term Webinar

1:00PM EST

Between abortion and immigration, takings and malicious prosecutions, energy and drunk driving, the Supreme Court’s 2015-2016 docket is full of cases of interest to state and local government. Join Clifton Elgarten, Crowell Moring, who will argue an energy case this term, Mike Scodro, Jenner & Block, and Mark Walsh, Education Week, ABA Journal, and SCOTUSblog, in a discussion about the cases of most interest to state and local government.

Click here to view the Speakers bio.

Click here to register.

**This is a non-CLE, FREE event**

March 14 – Land Use – L3
Sex, Sex, and More Sex

Local governments can single-out adult entertainment businesses for special regulatory treatment so long as the regulations allow such businesses to open and operate and are not motivated by a distaste for the content of the entertainment presented in such businesses. This webinar will discuss what cities should do to ensure that the zoning or licensing regulations they apply to adult entertainment businesses will be upheld if challenged.

Speakers: Prof. Alan Weinstein, Dwight Merriam & Dan Mandelker

Click here to view the speaker's bio.


March 16 - SLLC Webinar

10 Years of Roberts Court for State and Local Government

2:00PM EST

In cases big and small, involving issues ranging from race to religion, federalism to free speech, many, if not most, Roberts Court decisions have affected states and local governments. Join Tom Goldstein, SCOTUSblog and Goldstein & Russell, Adam Liptak, New York Times, and David Savage, Los Angeles Times, in a discussion about the significant impacts over the last ten years of the Roberts Court on states and local governments.

**This is a non-CLE event**


March 16 – Personnel – P3
Workplace Policies That Are Essential in 2016 For Your Municipality's Employee Handbook or Personnel Code

Employee handbooks and personnel policies can provide necessary and appropriate guidance and direction for employees based on long-standing and updated laws.  Workplace rules should be reviewed to ensure that the workplace is presently current and compliant with laws and regulations.  Periodic updating of handbooks and policies is an important practice to ensure compliance of workplace standards and to avoid risk of future claims.  As Labor and Employment management counsel for both public and private sector employers, Messrs. Lee and Brown will present information on the key employment policies that you may need to add or revise as a measure of employer protection.

Speakers:Dan Crean, Lawrence Lee & Adam Brown

Click here to view the speaker's bio.


March 24 – Police – PO3

State & Federal Oversight of Police Agencies Following a Critical Incident – Could it Happen to You?

Given the present climate in police-community relations, it is not uncommon for a law enforcement agency to face protests and ever increasing calls for state, federal and/or civilian oversight following a widely publicized officer-involved death. This webinar will present a case study of one suburban, Southern California city that faced such a challenge, the policing issues involved, the competing state and federal interests, the resulting reforms, and the lessons learned as told by the city attorney who negotiated the stipulated judgment and its dissolution five years later.

Speaker: Gregory Priamos

Click here to view the speaker bio.


March 29 – Telecommunications – TC1
Cell Tower Leasing: Profits and Pitfalls

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidentally triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

***This webinar is 90 minutes ***


Speakers: John W. Pestle & Jonathan Kramer

Click here to view the speaker's bio.


March 31- Disabilities- D1

Creating an Accessible City

FREE*

The program will discuss the basic requirements of the Americans with Disabilities Act. The first part of the presentation will be on Title I of the Act and duties public agencies have in responding to reasonable accommodation requests made by employees. The second part will discuss Title II and the duty that public agencies have to make all services, programs and activities accessible. This part will focus on public facilities that are subject to Title II, and ensuring that cities maintain facilities, including the public right-of-way, in a manner that provides access to all citizens.

Speakers: Alison Alpert, Michael Maurer

Click here to view the speaker's bio.


April 11 – Land Use – L5
The Cannabis Conundrum

Don’t Bogart that Joint My Friend!

Things are smokin’! The U.S. Supreme Court just decided not to even hear the claim of Nebraska and Oklahoma, complaining that Colorado’s recreational marijuana was wafting crime over state lines. What’s happening all across the country with medical marijuana and recreational initiatives? How can you plan and regulate for these uses? It’s not going away; it’s expanding rapidly and you’re either dealing with it now or will be soon. Our expert panelists live and work at ground zero and have, shall we say, the latest dope on the subject.

Speakers: J. Marcus Painter, Tom Ragonetti, Dwight Merriam & Dan Mandelker

Click here to view the speaker's bio.


April 25 – Police – PO4
Municipal Jails: The De Facto Mental Health Facilities

FREE*

Across the nation, persons with mental illness and co-occurring substance abuse repeatedly circulate through the criminal justice system causing significant challenges for municipalities. This webinar will examine the challenges municipalities face regarding these issues from the police officer arresting the mentally ill suspect through that person’s trial and detention and provide insight into possible solutions municipalities may wish to implement to combat these problems. The presenters will discuss alternatives to traditional criminal court for these individuals, including behavioral court and the need to allow for competency screenings on the municipal level.

Speaker: Martha Means & Bruce Eddy

Click here to view the speaker's bio.


 

April 27- Transportation- TR1

Wait! Who is Driving that Car?: The Autonomous Vehicle Revolution and our Transportation Infrastructure

The future is arriving via the fast lane. The impending deployment of driverless vehicles is coming, with pilot projects already in place across the country. Regulations are already being developed and implemented in multiple states, and the federal government is actively funding the safe development of autonomous vehicle technologies. The advent of driverless cars will mean huge changes to both transportation planning and infrastructure, and given the long life and cost of infrastructure development, local governments need to begin thinking about these issues today. Cities must be prepared to integrate driverless vehicles, including cars and buses, into the existing transportation network in a safe and orderly manner. This new technology will impact many areas of local government, including public safety, parking, and traffic. Understanding this new technology and planning ahead will allow for smoother integration of autonomous vehicles onto our roads. This presentation will explore the legal and policy questions autonomous vehicles raise and discuss ways to be a smart leader in the forthcoming driverless revolution.

Speakers: Steven De Baun, Greg Rodriguez, Jamey Wyman, Jordan Ferguson

Click here to view the speaker's bio.

 


April 28- Synthetic Drugs- DA1

Combatting the Evolving Problem of Synthetic Drug Abuse in Municipalities

The webinar will provide an introduction to new psychoactive substances (emerging synthetic drugs) affecting cities across the U.S., such as synthetic cannabinoids, synthetic cathinones, and synthetic opioids.  The discussion will address the associated health risks to users, as well as the related stress on local emergency medical services and hospitals that synthetic drug use and overdoses can cause.  The webinar will provide details on local law enforcement efforts used to tackle synthetic drug cases, will discuss challenges to drug and chemical testing issues, and will also highlight various community outreach efforts that can be used to effectively address synthetic drug abuse.

Speakers: Marta Markowska, Melissa Shear and Argatonia Weatherington

Click here to view the speaker's bio's.


May 4 – Police – PO5

Law Enforcement's Dealing with Persons of Diminished capacity to include the mentally ill, the emotionally disturbed and suicidal pearsons. A post San Francisco v. Sheehan viewpoint.

This session would focus on plaintiff's attack on officer use of force when dealing with person's of diminished capacity. I note that the American with Disabilities Act's application is still up in the air follow SCOTUS decision that the ADA portion of San Francisco's appeal was improvidently granted. The session will also look at training that plaintiff will utilize as spring board for failure to train claim as well as to show an inappropriate response by the involved officers.

Speaker: Jack Ryan

Click here to view the speaker's bio.


May 9 – Land Use – L4

Managing the Millennials

FREE*


Municipal Management of Millennials:  Millennials have many special needs and desires and we will address these, particularly in the land use and transportation context.  Our guest has researched and reported on the travel choices of Millennials, choices that profoundly affect how we plan and regulate for land use.  Get out ahead of the emerging trends by joining us for  this unique view into the ever-changing landscape being shaped by the Millennials.  You’ll ad a new word to you vocabulary, too: “automobility”!


Speakers: Noreen C. McDonald, Dwight Merriam & Dan Mandelker

Click here to view the speaker's bio's.


May 16 – Telecommunications – TC2
Cell Tower Zoning: Operating within the Federal Law, FCC Regulations, and Court Decisions

FREE*

As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.

***This Webinar is 90 minutes***

Speakers: John W. Pestle & Jonathan Kramer

Click here to view the speaker's bio's.


June 13 – Land Use – L6
Show Me the Money – Real Estate Financing

The average American city today partners with private parties to provide 23 out of 65 basic services.  The key to redevelopment and new development in terms of leveraging the advantages of public finance to incentivize private development is in Public-Private Partnerships (P3).  Those of you new to P3 will get the basics and those of you who are veterans of P3 will be brought up to sped on the latest developments by Prof. Arthur “Chris” Nelson, the country’s leading expert and author of the recent book Foundations of Real Estate Development Financing: A Guide to Public–Private Partnerships http://islandpress.org/book/foundations-of-real-estate-development-financing

Speakers: Arthur C. Nelson, Dwight Merriam & Dan Mandelker

Click here to view the speaker's bios.


June 15 – Personnel – P5
Selected Issues from the ADA and Reasonable Accommodation World

Popular ADA presenter Jonathan Mook returns to review and analysis selected, timely topics involving ADA and reasonable accommodation. Discussion may include some of these topics:

• EEOC’s final regulations on wellness plans;
• EEOC’s new guidance on employer-provided leave;
• When is pregnancy a disability and accommodating pregnant employees;
• Performance and conduct standards and the disabled employee;
• Fitness for duty examinations: staying within the ADA and HIPAA legal requirements;
• Establishing a “direct threat” under the ADA;
• But for causation under the ADA.

Speaker: Jonathan Mook & Dan Crean

Click here to view the speaker's bios.


June 20 – First Amendment – FA10
Reed v. Town of Gilbert—One Year Later

The US Supreme Court shook up First Amendment jurisprudence with this sign regulation decision on June 18, 2015. The ripples from Reed have touched a wide range of federal, state and local regulations of speech. This webinar will take stock of the impact of Reed on its one-year anniversary, and share lessons learned from the cases that have interpreted and applied Reed to local government regulations of speech.

Speakers: Susan L. Trevarthen

Click here to view the speaker's bio.


 

June 28- – Ethics – E2 

The City and the Cop: Representing Both Without Harming Either

Civil rights lawsuits often include allegations both against a police officers and the City for which the officer works. An attorney assigned to represent both the officer and the City needs to be mindful of the potential for conflicts. “The City and the Cop: Representing Both Without Harming Either” will outline the important rules of professional conduct, where one client’s interest may be adverse to another’s, and what exceptions allow an attorney to represent both parties without facing the risk of disqualification, including a discussion of Model Rule 1.7.

Speaker: John Wilkerson

Click here to view the speaker's bio.


July 11 – Land Use – L7
Short-Term Rentals: Are They Giving You Sleepless Nights?

Short term rentals (STR) have had great impacts, some good and some bad, on communities and individuals.  Learn about the challenges that come with regulating STRs from the example of Austin, Texas, which has been one of several “ground zero” cities coping with STRs and how its regulations have evolved over time.  Our guest will be Trish Link, an attorney with the City of Austin’s Law Department, Land Use-Real Estate Division (B.A. Louisiana State University; J.D. Texas Tech University). Email our co-moderator, Dwight Merriam, with your questions and what you would like to see covered, and we will do our best to address them (email will be given when registered).

Speakers: Dwight Merriam, Dan Mandelker & Patricia "Trish" Link

Click here to view the speakers bios.


July 18- Your Leave is Giving Me a Migraine - P4b

Managing employee medical leaves often leaves human resources and legal counsel scratching their heads – or worse, with a medical condition of their own! In “Your Leave is Giving Me a Migraine!”, we will examine through hypotheticals the employee’s eligibility and notice requirements as well as the employer’s obligations under the Family and Medical Leave Act. The exhaustion of or non-eligibility for FMLA leave does not wholly encompass an employee’s leave entitlement, and we will also therefore examine the “leave as a reasonable accommodation” requirements of the Americans with Disabilities Act.

Speakers: Crystal Clark, Dan Crean and Robin Cross

Click here to view the speakers bios.


July 20 – Personnel– P6
Social Media and Employment

In this lively webinar, Brian Jackson and Jennifer Will address the impact of social media on the workplace – pros and cons.  Social media has changed how employers go about hiring, conducting background checks and communicating with customers and constituents, but it can also lead to decreased productivity, confidentiality breaches and unintended overtime.  While addressing both risks and rewards, this session will touch on federal labor and employment trends as well as some interesting ways employees have gotten fired through their use of social media!

Speakers: Dan Crean, Jennifer Will & Brian Jackson

Click here to view the speakers bios.


July 25- Technology- T1

*90 MINUTE WEBINAR*

Drones: ISSUES FOR CITIES AND COUNTIES

As the debate about drones continues to evolve, one fact remains — local government attorneys are on the front line where precedent-setting action will take place. Municipal attorneys are on their own in a pioneering environment where they have to publicly debate, draft, and defend new ordinances governing the public and private uses of drones; manage local residents' concerns about public safety and privacy, and still allow for innovative uses of technology. Old ways of making laws may not address these new, digitally connected devices.

This presentation will analyze case studies, demonstrate technology, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the new drone-related era of municipal law both in regulating the use of drones and in the government's own use of drones. It will also provide an update on the status of the FAA law and regulations as they pertain to drones and discuss preemption issues that local governments need to be aware of with regard to drones. The presentation will also provide practical tips and a discussion of how to draft an effective and enduring drone ordinance.

Speaker: Gregory McNeal

Click here to view the speaker's bio.

 


August 2 - Municipal Finance - FIN 
SELLING OR LEASING MUNICIPAL ASSETS: HOW IT CAN BENEFIT A MUNICIPALITY AND ITS CITIZENS

More and more municipalities are facing balance sheet problems caused by underfunded pension liabilities and too much outstanding debt. On top of that, many municipalities are having trouble funding needed ongoing capital expenditures on the water, sewer and other systems they own. A sale or long-term lease of such systems can generate money to address these unfunded liabilities. The presenters will review how such asset transactions are accomplished through a process that encourages the highest bids.

Speakers: Benjamin A. Haverstick & David Unkovic

Click here to view the speakers bio.


August 4 – Telecom – TC3
First Net: What is it? Why do we want it? Is your Governor prepared to opt in, or opt out? What might it cost?

Local government attorneys, as soon as the first quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet proves its case and prior to equipment becoming universally available. Or, local government attorneys may be called upon to negotiate a similar agreement with a state run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves.

The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] The law provides FirstNet’s mission is to build, operate and maintain the first high-speed, nationwide wireless broadband network dedicated to public safety. FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:
• 6206(c)(2) which created an obligation for FirstNet to consult with regional, State, tribal, and local jurisdictions on network elements and construction; and
• 6302(e)which provides that after a 90 day review period, the governor or each state may “opt in” or “opt out” of FirstNet, but if the governor opts out, that states has only 180 days to develop an alternate plan that must be approved by the FCC.

This presentation will explain the law, share insights from participants that have been actively engaged in the FirstNet process and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next 6 to 9 months as FirstNet decisions are being made and will seek to impart provide practical guidance to protect your community in an environment where they must react to the decision of others.

Speakers:Barry Fraser, General Manager, BayRICS Authority & Gerard Lederer

Moderator: Michael Watza

Click here to view the speakers bio.


August 8 – Land Use – L8
Inclusionary Zoning

The affordable housing crisis continues and in many areas has worsened.  Join us with a guest scholar on the subject to learn more about the nature and extent of the problems, what municipalities have tried with and without success, what strategies are proven and promising, and what you, as local government lawyers and planners can do to help meet the demand for more affordable housing.

Speakers: Brian Stromberg, Dwight Merriam & Dan Mandelker

Click here to view the speakers bio.


August 17 – Personnel– P7
Riding the Judicial Merry-Go-Round in 2016


This perennial IMLA webinar reviews and analyzes the 2015 and 2016 Employment Law Decisions from the United States Supreme Court and selected federal court along with selected decisions from state courts.

Speakers: Dan Crean & Douglas Haney

Click here to view the speakers bio.

 


 

August 23 – New Government Lawyer Series – NGLS2

Dillon’s Rule v. Home Rule

This course will discuss the development of Dillon’s Rule and how it may apply to local governments around the country.  The course will also discuss the Home Rule movement, the different forms of Home Rule and the intersection of Home Rule with Dillon’s Rule – where they align, where they conflict and where they work tangentially or in tandem.  Examples of how Dillon’s Rule applies and how Home Rule applies tend to be state specific, but in discussing state specific examples the course will use those examples to explain how these principles may apply across jurisdictional and jurisprudential boundaries.

Speaker: Chuck Thompson

Click here to view the speakers bio.


September 12 – Land Use – L9
Taking the Disaster Out of Disaster Recovery

Disasters are neither acts of God nor acts of nature. They are the collision of hazardous natural events with the built environment, which means that every decision our society makes about where to build and how to build has a direct impact on the nature and extent of the damages we suffer when these collisions occur. In effect, we create our own disasters, whether deliberately or unwittingly. We can reduce their impact by taking responsibility for the environments we create. Municipal lawyers, always on the frontline of disasters, have a special need to get out ahead of the problem. This webinar will provide the knowledge necessary to be truly proactive.


This logic leads inexorably to the question of what we do before disaster strikes to minimize those damages. In its landmark study, Planning for Post-Disaster Recovery: Next Generation, APA delineates important distinctions and considerations with regard to what can reasonably be planned ahead of disaster with regard to facilitating recovery, and what must await knowledge of the pattern of damages afterwards. Earlier work by APA also discussed integrating hazard mitigation priorities throughout the local planning process, rather than isolating it in stand-alone plans that have no legal standing as public policy. Together, these initiatives can provide most communities with a viable package for significantly reducing their vulnerabilities and dramatically increasing their resilience in the face of known hazards.


Jim Schwab will walk listeners through an essential summary of this suite of tools and techniques and highlight cases of communities with best practices, complemented by a brief look at future directions in public policy in this arena.

Speakers: James C. Schwab, FAICP, Dwight Merriam & Dan Mandelker

Click here to view the speakers bio.


September 13-Telecommunications – TC3 

Selling Your Local Government Cell Tower Lease: Monetize or Mistake

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

***This Webinar is 90 minutes***


Speakers: John W. Pestle & Natalia Shparber

Click here to view the speakers bios.


September 14- MS1

Expanding Municipal Securities Enforcement: Profound Changes for Issuers and Officials

*FREE for IMLA Members, 90 minute presentation. Seats are LIMITED!! 

This presentation will cover the Securities and Exchange Commission’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative and lessons learned for issuers and underwriters.
The discussion will cover the nature of the MCDC Initiative, allegations made by the SEC in MCDC actions, with examples of the antifraud violations identified, and the remedies and other consequences for issuers, underwriters and the market as a whole consequences. This includes the movement toward issuer adoption of disclosure policies and procedures, and the structuring and implementation of such policies and procedures. In addition, the presentation also covers the expanding SEC reliance upon antifraud enforcement actions as a means of indirectly regulating municipal securities issuers, why the Commission is utilizing that approach, recent actions of interest, and notable SEC “firsts” since early 2013.

Speakers: Robert Doty, Elaine Greenberg, John McNally & Kevin Guerrero

Click here to view the speaker's bios.

Additionally, IMLA is publishing Robert Doty's book. Click here to view the description/order form.


 

September 15 – First Amendment – FA__
Government Speech and Local Government Forums

This webinar will explore how the evolving caselaw about “government speech” applies in various local government settings, including public meetings, public buildings, and virtual settings such as websites and social media. When do these settings create forums for expression by citizens under the First Amendment, and when are they considered to be outlets exclusively for government speech, including speech by third parties chosen by the government? Discussion will include an overview

Speaker: Frayda Bluestein

Click here to view the speakers bio.


October 11 – Land Use
Regulating Formula Retail and Appearance Codes

Are people  complaining you have too many chain stores and retsuarnst in town such that you can’t hardly tell if you’re even in your own town and not some other place?  The antidote is to consider planning and regulating to minimize the impact of “formula retail.”  In this webinar you learn all about it from the country’s leading expert, Stacy Mitchell, co-director of the Institute for Local Self-Reliance and director of its Community-Scaled Economy Initiative, which produces research and analysis, and partners with a range of allies to design and implement policies that curb economic consolidation and strengthen community-rooted enterprise.

Speakers: Stacy Mitchell, Dwight Merriam & Dan Mandelker

Click here to view the seaker's bios.


October 17 - Municipal Finance - F10
Municipal Bonds/Insurance

FREE*

Experienced public construction attorneys Christopher Petrini and Christopher Brown, from the firm of Petrini & Associates, P.C., located in Framingham, Massachusetts, will present an informative discussion regarding risk allocation issues for public owners, specifically regarding performance and payment bonds and liability insurance.  The discussion’s specific focus will be on the flaws in industry standard bond forms and how to strengthen bond forms for the public owner, as well as potential pitfalls in contract insurance and indemnity requirements based on the recent updates in ISO forms for CGL policies.  Time will be reserved during the discussion for audience participation and Q&A.

Speakers: Christopher Petrini & Chris Brown

*Limited availability


October 19- Personnel

FLSA: Best Practices, What to do when DOL comes knocking and new rules update

The U.S. Department of Labor (DOL) has issued new regulations pursuant to the Fair Labor Standards Act (FLSA) of which an overview will be provided including potential future controversies.  Additionally, given the U.S. Department of Labor’s broad investigative authority and ability to bring enforcement actions against municipalities, it is critical for municipal employers to prepare for, and assert their rights and manage the flow of information during, investigations.  This webinar provides a broad overview of new regulations as well as best practices in preparing for and handling an audit through the Wage and Hour Division (WHD).

Speaker: Robin Cross & Melinda Barlow

Click here to view the speaker's bios.



October 26 - Ethics- 2B
Litigation Ethics, Civility, & Dealing with Pro Se Litigants

What happens if an opposing lawyer is acting badly or unprofessional? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.

Speaker: Dolores Dorsainvil

Click here to view the speaker's bio.


October 27th- New Government Lawyer Series—Eminent Domain and Kelo’s Legacy-

NGLS3

This course provides an overview of government takings for attorneys new to local government law as well as those interested in a “refresher” course. It also provides a review of developments in the area of eminent domain in the ten years since Kelo v. New London. As an added bonus, participants will have the opportunity to hear first-hand about the speaker’s experiences representing the City of New London before the Supreme Court in Kelo.

Speaker:Wesley Horton & Brendon Levesque

Click here to view the speakers bio.


November 1– Legislation – LE1

Dangerous Dogs & Reckless Owners  – Innovative Approaches to Animal Ordinances

FREE*

A fundamental goal is a safe and humane community. Everyone benefits from a safe society -both people and pets. Our communities deserve comprehensive dangerous dog laws that demand responsible ownership. Learn about new and innovative ordinances that target reckless owners and humanely reduce the community cat population.

Speakers: Ledy VanKavage & Katie Barnett

Click here to view the speaker's bios.

*Limited availability


November 2- Public Works- PW1

Recent Developments and Trending Issues in Public Works

FREE*

The program will focus on the latest trends in public works and how these changes are impacting the way in which public agencies administer public infrastructure projects. Participants will learn how to successfully navigate common issues that arise in public works projects, explore recent changes and trends in alternative delivery methods, and implement best practices for efficiently managing and resolving claims, bidding challenges, and other disputes related to public projects.

Speakers: Mary Beth Coburn, Rebecca Chaparro

Click here to view the speaker's bios.


November 9- Applicant Testing:  How to Select the Best Applicants, Comply with EEO and Validation Requirements and Avoid Class Actions

Many municipal employers use tests to decide whom to hire or promote.  Legal challenges to applicant testing have increased  because testing falls  within EEOC's focus on systemic selection practices and the class action bar's search for "common" practices on which to sue.  This presentation addresses how to design and validate tests (and procure and supervise vendors) to avoid or defeat such litigation while assuring your test will identify the best-qualified applicants.

Speakers: Kenneth Willner

Click here to view the speakers bio.


November 14 – Land Use – L10
Welcome to Moo U. -- Agricultural Land Use

FREE*

Our speakers, co-editors of the ABA publication Urban Agriculture: Policy, Law, Strategy, and Implementation, will discuss a range of issues relating to the increasing interest in agricultural production in urban and peri-urban settings, including the land use and regulatory measures that either incentivize or present roadblocks to such activities.  The discussion will also touch upon the local government’s use of community gardening and urban agriculture as tools to achieve specific community objectives.

Speakers:  Sorell Negro, Martha Chumbler, Dwight Merriam & Dan Mandelker 

Click here to view the speaker's bios.

*Limited availability


November 16- Personnel

Investigating and Responding to EEOC Charges

This program will provide guidance and direction for handling charges of discrimination from the EEOC or similar state or local agencies.  Topics will include notification and preservation of documents; how to conduct an effective investigation, including collecting relevant information and conducting witness interviews; determining whether to participate in mediation; preparing a response to the charge of discrimination; as well as practical legal tips to keep in mind during this process.

Speakers: Travis A. Elliott & Robin Cross

Click here to read the speaker's bios.


December 5- Ethics and Professional Responsibility for New Government Attorneys

Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.

Speakers: Marc Hansen & Chuck Thompson

Click here to view the speaker's bios.

 

 

 

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