2015 Distance Learning Calendar

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 recoding of any of the past distance learning events, please CLICK HERE and fill out the order form.


January 12 – Land Use – L10

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 distance learning series and getting the highlights of the past year in a way that will help you in 2015.

Speakers: Nancy E. Stroud, Professor Emeritus Peter W. Salsich, Professor Carol Brown, Julie A. Tappendorf, Dwight H. Merriam, Daniel R. Mandelker, & Stuart Meck

CLICK HERE to read the speakers' bios.

Date: January 12, 2015

Time: 1PM EST


January 14 – Telecommunications – T10
New FCC Rules on Cell Tower Zoning

For those who missed it, this program will be a reprise of our important webinar on this topic from November 2014. With the new rules set to implement around the corner, the program will describe, interpret, and offer practice recommendations regarding the FCC's Report and Order, issuing rules implementing Section 6409(a) of the 2012 Middle Class Tax Relief Act, 47 U.S.C. § 1455(a) and the FCC’s Shot Clock rules.

Section 6409(a) purports to say that states and local units of government must approve (and cannot deny) zoning and other approvals needed for certain wireless tower collocations and other wireless tower modifications. In the rulemaking the cell phone industry has asked the FCC for broad preemption of state and local approvals, such as with the need for such approvals being abolished or with approvals automatically being deemed granted if the government fails to decide the case within the Shot Clock period.

The program will describe and comment on the new rules, including what types of wireless tower modifications the rules apply to, time to act, the application process and any transition periods. Particular issues of concern include the treatment of stealth or camouflaged sites, applicability of the rules to cell sites on municipal property, preemption of building or safety related codes, conflicts with other Federal statutes, venue for remedies (court or FCC) and whether the rules (as requested by industry) apply to new cell sites. This will be a hand-on session geared to helping local government attorneys advise their internal clients on how to implement the new rules.

Speakers: John Pestle & Jonathan Kramer

CLICK HERE to read the speakers' bios.

Date: January 14, 2015

Time: 1PM EST

***This webinar is 1.5 hours***


 

January 21 –Personnel– P10
Public Employees and E-mail

Michelle Dickinson and Peter Haskell continue the exploration of the never-ending issues involved in public employment and email which they began at the 2014 IMLA Annual Conference in Baltimore. Planned discussion topics include: policies, “good use v. misuse,” and issues associated with public access and recordkeeping.

Speakers: Michelle J. Dickinson, Law Office of Michelle J. Dickinson, Columbia, MD; Peter Haskell, Chief, General Litigation Section, City Attorney’s Office, Dallas, TX; & Dan Crean, Crean Law Office, Pembroke, NH

CLICK HERE to read the speakers' bios.

Date: January 21, 2015

Time: 1PM EST


 

January 27 – Technology – T12
Vape & Mirrors: The Legal Issues Concerning e-Cigarettes for Municipalities

The webinar will provide an in-depth discussion regarding electronic cigarettes (e-cigs); what they are; present and future regulation of their use at the federal, state and local levels; arguments for and against their use; enforcement tools; and emerging legal issues concerning the devices.

Speakers: Andrew Maiorano & Tamara Bogosian

CLICK HERE to read the speakers' bios

Date: January 27, 2015

Time: 1PM EST


January 29 – Police – P10
The Intersection of Law and Current Law Enforcement Practices on Use of Force and Electronic Control Devices/TASER

This session will focus on current police practices related to use of force and TASER. It is well known that use of force makes up the largest percentage of section 1983 claims for municipal law enforcement. It is essential that attorneys representing municipalities have knowledge of the current practices from both a policy and training perspective with respect to use of force. Issues such as law enforcement’s consideration of eliminating force continuums and the reasons behind these changing practices will be discussed. The session will tie in the case law with respect to these changing practices.

As more law enforcement agencies have adopted the TASER for use, there has been a tsunami of litigation related to such use. A portion of this session will be dedicated to the use of Electronic Control Weapons to include current training, policies, and practices. The discussion will consider the “death cases;” “the flight cases;” “the elevation cases;” and the “vulnerable persons” cases. The session will tie in multiple cases decided throughout the country to support the current framework of current law enforcement training and policy.

This session will also offer strategies that municipal attorneys can consider for advising their police department on ways to diminish liability in the areas of use of force generally and TASER specifically.

Speakers: Jack Ryan

CLICK HERE to read the speaker's bio.

Date: January 29, 2015

Time: 1PM EST


 

February 9 – Land Use – L11

Colorado Cannabis – What Can We Learn from Their Experience

FREE*

From a senior Denver city attorney who lives and works at Ground Zero of medical and recreational marijuana, the webinar will provide some insight into the issues that surround this ever-evolving field.  With a focus on land use issues, the webinar will also touch on a little history, lessons learned, lessons we’re still learning, and responses to those lessons.

Speakers: Marley Bordovsky,  Dwight Merriam, & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: February 9, 2015

Time: 1PM EST


 

February 11 – Technology – T13

Drones

The time when UAVs - unmanned aerial vehicles or drones - were only used by the military is behind us.  Join us for this webinar examining a myriad of issues faced by local governments with regard to drones.  This program will discuss: the current status of FAA law and regulations as they pertain to drones; general preemption issues local governments need to be aware of with regard to UAVs; use of UAVs by local governments for public purposes; and local regulation of UAVs as exercise of traditional police powers.  

Speaker: Allison Fultz

CLICK HERE to read the speaker's bio.

Date: February 11, 2015

Time: 1PM EST


 

February 13 – Telecommunications – TC11

Denying Cell Tower Siting Applications Post T-Mobile v. City of Roswell

The State and Local Legal Center and IMLA are offering a FREE webinar on the Supreme Court case T-Mobile v. City of Roswell. In T-Mobile South v. City of Roswell, the Supreme Court held that when a local government denies a cell tower application, it must provide the applicant with written reasons for the denial, and those written reasons must be available contemporaneously with the local government’s written denial of the application. Discuss the practical implications of this case with Tim Lay, Spiegel & McDiarmid, who wrote the SLLC’s amicus brief.

Note: Jointly sponsored webinars between IMLA and the SLLC are for informational purposes and are non-CLE events.

Space is limited.

Speaker: Tim Lay

Date: February 13, 2015

Time: 1PM EST


February 17 – Water Quality – W10

The Changing Face of Stormwater Regulation in the U.S.

Regulation of stormwater in many states is undergoing a metamorphosis from technology based controls to watershed based regional management solutions. In some cases these changes are driven by the municipal dischargers, in others regulatory authorities and NGOs are forcing dischargers to adopt the new strategy. There is little question that watershed based solutions will benefit water quality, however moving to this form of regulation raises important legal issues that dischargers and regulators need to consider.

Speaker: Andre Monette

Date: February 17, 2015

Time: 1PM EST


February 18 – Personnel –P11 
Employee Leave and Time Off and Return to Work

The Family Medical Leave Act has “come of age,” but issues and uncertainty and coordination with the Americans with Disabilities Act remain, and create on-going concerns for public employers. This webinar presents an update on compliance concerns along with suggestions and guidance on administering policies and practices.

Speakers: Jennifer Shea Moeckel, Cook, Little, Rosenblatt & Manson, P.L.L.C., Manchester, NH & Dan Crean, Crean Law Office, Pembroke, NH

CLICK HERE to read the speakers' bios.

Date: February 18, 2015

Time: 1PM EST


 

February 25 – New Government Lawyer Series – NGLS2

Municipal Finance 101 – Raising Revenues, Making Expenditures, and Borrowing Money: Legal Issues in Municipal Finance

FREE* (Registration Required!)

Municipal attorneys are often asked, "Can we do this?", when "this" relates to getting, spending, and borrowing money by their municipal clients. This session will consider the essential legal issues attendant to that question. We will discuss basic constitutional issues like public purpose, corporate purpose, and lending of the public credit; the theoretical distinction between taxes and fees; the legal ramifications of that distinction; and other limitations on the ways that municipalities can get and spend money. We will also briefly consider the role and types of municipal borrowing. Because the laws vary widely from state to state, the session will focus on issue spotting and general questions that the municipal attorney should consider when asked financial questions.

Speaker: Eric Shytle

CLICK HERE to read the speaker's bio.

Date: February 25, 2015

Time: 1PM EST


 

February 27– Ethics – E10 
Ethics and Institutional Corruption: Why Good People do Bad Things

This program will discuss the latest research on approaches to teaching and advising on ethics; new developments in ethics laws across the U.S.; and research on impediments to people applying conflict of interest laws.

Speaker: Carla Miller

CLICK HERE to read the speaker's bio.

Date: February 27, 2015

Time: 1PM EST


March 2 – Telecommunications – T12
Cell Tower Leasing

Cell Tower site leasing/licensing for local governments is an excellent way to produce new long term non-tax revenues, but crafting the right terms and drafting the proper documents are fraught with potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are both deeply experienced with crafting and enforcing municipal cell tower site agreements. In this 90-minute webinar, they will identify those legal landmines, discuss industry boilerplate provisions, and offer useful practice pointers to guide you through the process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases and long-term leasing rights. Extensive handouts in PDF format will be provided to participants.

***This webinar is 1.5 hours***

Speakers: John Pestle & Jonathan Kramer

CLICK HERE to read the speakers' bios.

Date: March 2, 2015

Time: 1PM EST


March 4 – Technology – T11
New Kids on the Block: Regulatory Concerns in Online Vacation Rental Marketplaces

The webinar will provide a substantive discussion of online vacation rental marketplaces, from the basics of what these marketplaces are and how they function to the complex array of legal challenges they present for local governments. Whether the problems are related to code enforcement, tax collection or land use regulations, online vacation rental marketplaces are shifting the landscape and cities must adjust in order to face these issues head on.

Speakers: William J. "Jim" Priest &  Jordan E.A. Ferguson

CLICK HERE to read the speakers' bios.

Date: March 4, 2015

Time: 1PM EST


March 5 – Supreme Court – SC10

Supreme Court Mid-Term Review Webinar

The State and Local Legal Center and IMLA are offering a FREE Supreme Court Mid-Term Review Webinar. Since the SLLC’s Supreme Court Preview webinar in October, the Court has accepted a number of cases affecting state and local government on topics ranging from Fourth Amendment searches to regulating power plant emissions to limiting messages on license plates. Discuss these cases and the Affordable Care Act case and the same-sex marriage cases with Jeff Wall, Sullivan & Cromwell, Lori Alvino McGill, Quinn Emanuel, and Richard Wolf, USA Today.

Note: Jointly sponsored webinars between IMLA and the SLLC are for informational purposes and are non-CLE events. 
Space is limited.

Title: Supreme Court Mid-Term Review Webinar
Date: Thursday, March 5, 2015
Time: 1:00 PM - 2:30 PM EST


March 9 – Land Use – L12
Reengineering Our Tired Downtowns

The inertia of rest is a strong as that of motion.  How do we redesign our old, tired, and dysfunctional downtowns to serve us better, to make better places, and be consistent with the dramatic demographic changes? You’ll be amazed at what you can do.

Speakers: Victor Dover, Mark White, Dwight Merriam & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: March 9, 2015

Time: 1PM EST


March 11 – Railroads – R10

Freight Railroads in Your Community

Freight railroads are a familiar presence in many communities. This webinar will examine the unique issues associated with freight rail rights-of-way and facilities. The federal law governing railroads preempts many aspects of state and local law, so municipal lawyers must be creative in their strategic and legal approach to rail issues. The shipment of hazardous materials such as crude oil is an active concern across the U.S., so we will discuss the current regulatory landscape and present various issues and approaches of which municipal lawyers should be aware.

Speaker: Allison Fultz

CLICK HERE to read the speaker's bio.

Date: March 11, 2015

Time: 1PM EST


March 18 – Personnel –P12 

Guarding the Gate: Concerns with Remote Working in the Municipal Workplace

FREE*

Municipalities may utilize “remote” working to a lesser extent than private sector employers.  Nonetheless, the increasing availability and “ease” of use may lead to more municipal employees working in places other than the traditional municipal worksites.  IMLA’s October 2013 teleconference addressed aspects of “Telecommuting” but new and emerging technology and practices suggest an update is appropriate.  The 2013 topics covering traditional issues addressed matter such as employer controls, protecting resources, and ADA concerns, will be updated, while new concerns will be analyzed, including those related to: hours of work, data protection and privacy, health and safety, discipline, and termination.

Speakers: Dan Crean & Lou Milrad

CLICK HERE to read the speaker's bio.

Date: March 18, 2015

Time: 1PM EST

*Limited availability


March 26 – Police – P11
Filming Police Officers / First Amendment Retaliatory Arrests

FREE*

With the proliferation of smartphones with video and camera capability, police officers find themselves in situations where they are being recording by citizens with greater levels of frequency than ever before. This session begins with an examination of 1st Amendment cases which direct officers that they cannot arrest a person for exercising their First Amendment rights through speech or other conduct. Current cases will be discussed which deal with various courts’ findings that an officer’s decision to arrest someone was in retaliation for being recorded by a citizen in a public place. This is an area where the United States Department of Justice has taken a strong interest and has actually issued statement of interest letters to the parties of a section 1983 action. Additionally, the USDOJ has incorporated this issue into various “patterns and practice” investigations against law enforcement agencies. A discussion of the case law that suggests there are some areas where it would be proper for law enforcement to undertake enforcement action when a person is filming a police officer will also be discussed.

This session will offer strategies that municipal attorneys can consider when advising their law enforcement agency on ways to diminish liability in this rapidly increasing area of police liability.

Speaker: Jack Ryan

CLICK HERE to read the speaker's bio.

Date: March 26, 2015

Time: 1PM EST


April 1 – Technology – T13
Transportation Network Companies (TNCs) – Legislative, Litigation & Policy Update

FREE*

Transportation Network Companies (TNC) and the use of smartphone applications to deliver for-hire ground transportation services has disrupted the marketplace and the regulatory structure both in the United States and around the world. This webinar will present transportation law experts who will cover legislative and litigation developments in this area, to assist municipal lawyers in understanding the current and changing regulatory paradigm. Insight will be provided into policy issues that may affect the future of these new regulations and the disruption movement.

Speaker: Pasqualino "Pat" Russo & Jasmine K. Le Veaux

CLICK HERE to read the speakers' bio.

Date: April 1, 2015

Time: 1PM EST

*Limited availability


April 6 – New Government Lawyer Series – NGLS3

Land Use 101: Land Use Law and Zoning from “Aardvark Shelters” to “Zydeco Cafes”

FREE*

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.

Speakers: Dwight Merriam

CLICK HERE to read speaker's bio.

Date: April 6, 2015

Time: 1PM EST


April 13 – Land Use – L13
Impact Fees

Three leading scholars, who together have written several books on the subject and created scores of local impact fee programs, are our honored guests for the ultimate program on impact fees.  With governments struggling to remain solvent, you will see an increased need to use impact fees. Our expert guests will help you gain the knowledge you need to make them work and defend them.

Speakers: Jim Nicholas, Julian Juergensmeyer, Chris Nelson, Dwight H. Merriam, & Daniel R. Mandelker

CLICK HERE to read the speakers' bios.

Date: April 13, 2015

Time: 1PM


 

 APRIL 27 – FROM SEMINAR – FREE ETHICS


May 6 – Municipal Finance – F10
The Anatomy of a Bond Transaction

This session will focus on the role of the municipal attorney in a bond transaction. We will first discuss the different types of municipal bonds and the legal and practical issues implicated by the nature of the borrowing. In particular, we will distinguish general obligation from revenue bonds and publicly sold from privately placed bonds. We will also identify and describe the players in a bond transaction; the overall process of approving, selling, and closing bonds; and the questions that should be asked during that process. Finally, we will consider three bond-related issues that are of particular importance to the municipal attorney: the scope and content of the municipal attorney's legal opinion, continuing disclosure requirements, and post-closing tax issues.

Speaker: Eric Shytle

CLICK HERE to read the speaker's bio.

Date: May 6, 2015

Time: 1PM EST

CLICK HERE to register.


May 8 – Technology – T10
Body Worn Cameras: Federal and State Legal Issues for Municipalities and Public Safety Departments

This webinar will cover the legal issues affecting body worn cameras (BWC) under state law and the U.S. Constitution; best practices for deployment of BWCs; practical concerns affecting recording in the field; effects of BWCs on citizen and peace officer conduct; use of BWC data in the criminal justice system; access to BWC data under state public records laws; and command and control of the data.

Speakers: Tamara Bogosian & Gary Schons

CLICK HERE to read the speakers' bios.

Date: May 8, 2015

Time: 1PM EST

CLICK HERE to register.


May 11 – Land Use – L14

Variances, Conditional Uses, and Site Plan Review

New wine in old bottles – these tried and true techniques for regulating land use remain central to our work all across the country.  Get the latest from two veterans who will tell you not only what is new and important, but what you can do to get the most out of the ordinary.

Speakers: Nancy E. Stroud, Davide Owens, Dwight Merriam & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: May 11, 2015

Time: 1PM EST


 

May 13 – Telecommunications – T11

Cell Tower Sales

Municipalities routinely receive offers to buy their cell tower leases - - such as the lease of space on city land or a water tower for cell antennas. This program will cover (1) the unique issues for municipalities in deciding whether to sell a cell lease/future leasing rights, (2) suggestions on a bid process which will lead to the best price and terms, and (3) the significant legal and business issues involved in selling future leasing rights for 50 to 100 years or longer, typically via a 15 to 40 page "Communications Easement". The program will cover the major issues in the very one-sided documents typically offered by buyers, and such key points as making sure the municipality is not hindered in using its property for its primary public use, ensuring that future sums promised by the purchaser in fact are paid and the easement terms complied with, unique insurance and bankruptcy issues, plus special questions of municipal authority, compliance with provisions of bond ordinances/IRS tax-exempt bond regulations, municipal finance/procurement statutes, prohibitions on waste, and risks of accidently triggering property reverters.

*This Webinar is 90 Minutes*

Speakers: John Pestle & Jonathan Kramer

CLICK HERE to read the speakers' bios.

Date: May 13, 2015

Time: 1PM EST


May 18 – New Government Lawyer Series – NGLS4
Personnel 101

FREE*

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, Crean Law Office, Pembroke, NH

CLICK HERE to read the speaker's bio.

Date: May 18, 2015

Time: 1PM EST

*Limited availability


June 8 – Land Use – L15

RLUIPA

The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a source of great conflict and enormous potential liability for local governments, especially with the burden of protracted, complex civil litigation and the payment of attorneys fees.  You need to know the latest and get pointers on what to do to avoid liability.  Two “up-and-comers” who are reading and analyzing many RLUIPA cases every week (see www.RLUIPA-Defense.com) will guide the discussion and provide practical advice.

Speakers: Evan Seeman, Karla ChaffeeMike Giaimo & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: June 8, 2015

Time: 1PM EST


June 17 – Personnel – P14
The “Ins” and “Outs” of Progressive Discipline

The imposition of improper progressive discipline and the associated errors are the most frequent reason for arbitrators (and, sometimes, judges) to overturn disciplinary actions. This session will identify some of the common errors and provide HR professionals and attorneys steps and procedures that can have positive results.

Speakers: Victoria Hyunh, Deputy City Attorney, Plano, TX; Peter Letzmann, Kentwood, MI; & Dan Crean, Crean Law Office, Pembroke, NH

CLICK HERE to read the speakers' bios.

Date: June 17, 2015

Time: 1PM EST


June 22 – Ethics – E11
Ethics and Land Use for Municipal Attorneys

This session will review ethical issues that arise for municipal attorneys in the context of land use disputes.  It will review recent case law, professional ethics opinions, and other guidance relating to conflicts of interest, compatibility of dual office holding and the seeming increase in alleged criminal activity in the land use permitting process.

Speakers: Dean Patricia Salkin

CLICK HERE to read the speaker bio.

Date: June 22, 2015

Time: 1PM EST


July 1 -Municipal Finance – F11

Government Mandated Standby Letters of Credit: An Introduction and Advice about Best Practices

The program will explain the terms, use and benefits of an annotated, user friendly and freely available Model Standby Letter of Credit form developed by the Institute of International Banking Law & Practice specifically for government entities as beneficiaries. Prof. Byrne will explain how the form works, what its terms mean, how its terms can be adapted and varied and how it benefits municipalities as beneficiaries of letters of credit on all kinds of projects and obligations. Prof. Byrne will also illustrate by example and samples, mistakes that government beneficiaries sometimes make in specifying the terms of their letters of credit.

This program will also provide general and specific information on what letters of credit are, how they are used, alternatives to them, what rules govern them, and where to look to find the rules, forms, and help concerning them where municipalities are the beneficiaries of them.

The program will also review letter of credit cases involving municipalities and developers, and offer insight on spotting and addressing letter of credit issues, including knowing when there is an issue or problem, what to look for, and some tips on how to prevent or avoid, minimize and handle them.

Speakers: James Byrne, International Banking Law & Practice, Inc. and Carter Klein, Jenner & Block, LLP.

CLICK HERE to read the speakers' bios.

Date: July 1, 2015

Time: 1 PM EST

***This webinar is 1.5 hours***


 

July 9 – Telecommunications – T12

Crafting Your Community’s New Wireless Ordinance

The Federal Law of Cell Tower Zoning:  Cell tower zoning and regulation by state and local governments has materially changed with the FCC’s recent adoption of new rules for collocations, the Shot Clock, new-builds, application contents and publication, and various related processes. Many governments will have to alter their local processes to comply with the new rules. 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 eighteen years 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 includes two narrated PowerPoint presentations, an 85+ page paper summarizing 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 presentations

Speakers: John Pestle & Robert (“Tripp”) May

CLICK HERE to read the speakers' bios. 

Date: July 9, 2015

Time: 1PM EST 


July 13 – Water – W11

EPA’s New Multi-Sector General Storm Water Permit: What Affected Industries Need to Know About Applying for and Complying with These New Requirements

On June 4, 2015, EPA approved a new Multi-Sector General Permit to regulate industrial stormwater discharges from numerous and varied industry sectors, including heavy manufacturing, mining, oil & gas, hazardous waste facilities, landfills, steam electric power plants, sewage treatment facilities, and light industry. The new permit affects industries in Idaho, Massachusetts, New Hampshire, New Mexico, and the District of Columbia, federal facilities in Colorado, Delaware, Vermont, and Washington, Indian Country lands, and specifically designated activities in specific states (e.g., oil and gas activities in Texas and Oklahoma). Affected facilities will need to act within 60 days to apply for coverage under the new permit, update their stormwater pollution prevention plans, and begin meeting EPA’s new (and lower) benchmarks for certain constituents. The deadline is September 2, 2015.

This presentation will educate those affected by the MSGP about the legal requirements for stormwater permitting and management, how to qualify for coverage under the new permit, and the necessary steps for permit compliance. Meeting EPA’s 60-day deadline is imperative, as the requirements of the new permit can be enforced both by the federal government, state regulators, and citizens groups that monitor industry compliance with stormwater regulations (particularly in regions where affected facilities border on waterways impacted by pollutant loadings) and the statutory penalties are steep. This presentation will also discuss effective storm water management strategies for the impacted industries, including a summary of the latest technologies available to help meet EPA’s newly-lowered benchmarks and how to comply with the requirements of the newly issued permit.

Speakers: Anne LynchSteve Roy & Lauren R. Caputo

CLICK HERE to read the speakers' bios.

Date: July 13, 2015

Time: 1PM (EST)


 

July 15 – Personnel – P15
The Supremes Sing Again, and Yet Again: You Keep Me Hangin’ On

FREE*

This perennial IMLA webinar reviews and analyzes the 2014 and early 2015 Employment Law Decisions from the United States Supreme Court and selected federal court along with selected decisions from state courts.

Speakers: Douglas Haney, City Attorney, Carmel, IN & Dan Crean, Crean Law Office, Pembroke, NH

CLICK HERE to read the speakers' bios.

Date: July 15, 2015

Time: 1PM EST

*Limited availability


July 17- Federal – F10 
FEMA- Floodplain Mapping, Federal Flood Insurance Reform, and the Right of Municipalities to Challenge: The Ongoing Debacle

An ongoing issue arising in many states across the country involves new floodplain mapping that the Federal Emergency Management Agency (FEMA) has been conducting and continuing to conduct in recent years. FEMA released a preliminary flood insurance rate map (FIRM) for community across the country in late 2011.

The issue arises when older maps are digitized and combined with new imagery, the results don't always line up correctly resulting in areas previously not in the floodway or flood fringe being determined to be in the floodway or flood fringe. There is a very specific process municipal corporation must follow to challenge these revised maps which may place significant portions of your municipal corporation within the floodway, or flood fringe. resulting in very significant flood insurance increases, or areas where residents could formerly build, now being unbuildable, or only buildable at great expense.

After the preliminary FIRM has been determined a preliminary flood insurance study (FIS) typically follows. FEMA formerly presents copies of these documents to community officials shortly after they have been implemented, and explains the map publication adoption process. These meetings are supposed to allow local residents to raise any concerns, comments on the new maps, and find out more information regarding their flood risk. However, in reality, citizens and municipal officials do not have the expertise to understand the technical details used to establish the FIRM or FIS. Once FEMA has issued its preliminary FIRM and FIS reports and held the community meeting, there is a 90 day appeal period to challenge the report. Even though individual citizens can challenge the report concerning their specific property, the expense and expertise involved to challenge, results in the only realistic challenges coming from municipal corporations.

This Webinar will outline a specific case study, discuss the timeline for instituting the FIRM, Pre-FIRM and Post-FIRM construction, the Right of Municipal Corporations to challenge; the cost, and the expertise needed; the Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014.

Speaker: Garry Hunter

CLICK HERE to read the speaker's bio.

Date: July 17, 2015

Time: 1PM EST


 

July 20 – Land Use – L16
Signs: A Different Kind of Land Use (especially after the Reed decision)

The typical paradigm for writing land use regulations (in order to maximize flexibility and discretion) can get your city or county into trouble if it’s used to regulate signs or other expressive conduct.  The presenters, who write and defend sign codes, will explain what strategies and approaches must be abandoned when writing and enforcing sign laws, and why. And in the aftermath of Reed v. Town of Gilbert, the U.S. Supreme Court’s first decision about sign regulation in many years, they will discuss the background of the case, and the unsurprising and surprising aspects of the justices’ various opinions.

Speakers: John Baker, Randal Morrison, Mike Giaimo, & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: July 20, 2015

Time: 1PM EST


 

July 29 – Police – P12
Supreme Court Update on Police Cases

The State and Local Legal Center and IMLA are offering a FREE* webinar on this term’s Supreme Court police cases. The Supreme Court’s police cases docket this term includes a hotel registry ordinance case and a pretrial detainee excessive force case along with a number of Fourth Amendment traffic stop cases and qualified immunity cases. Discuss the implications of these decisions for state and local government and police officers with Melissa Arbus SherryLatham & Watkins and David SalmonsMorgan Lewis.

***This webinar is 75 minutes***

Speakers: Melissa Arbus Sherry, David Salmons & Lisa Soronen

CLICK HERE to read the speakers' bios.

Date: July 29, 2015

Time: 1PM EST

*CLE credit is only available for kitchen sink subscribers


 

August 10 – Land Use – 17
The Takings Issue

FREE*

Two titans of takings, who just happen to have profoundly opposing views of the world, have graciously agreed to discuss the latest developments and spar.  This will be the Great Debate of 2015.

Speakers: John Echeverria, Mike Giamio, Dan Mandekler, & Robert Thomas

CLICK HERE to read the speakers' bios.

Date: August 10, 2015

Time: 1PM EST

*Limited availability


August 19– Personnel 
Reasonable Accommodation Revisited and Updated

The Americans with Disabilities Act and the Rehabilitation Act continue to present challenges for municipal employers as to what constitutes reasonable accommodation in employment. ADA expert Jonathan Mook provides guidance from recent court rulings on issues such as telecommuting, schedule adjustments, unpaid leave, reassignment, as well as Young v. UPS and pregnancy accommodation.

Speakers: Dan Crean & Jonathan Mook

CLICK HERE to read the speakers' bio.

Date: August 19, 2015

Time: 1PM EST


 

August 25 – New Government Lawyer Series – NGLS1
Local Government 101

FREE*

An introduction to local government law discussing the development of counties and cities, their structure, their functions, their services and their relationship to and interaction with the federal government under the Constitution. The goal of the introduction is to provide an understanding for what local governments do and why and to better understand their authority and limitations on that authority.

Speakers: Chuck Thompson

CLICK HERE to read the speaker's bio.

Date: August 25, 2015

Time: 1PM EST

*Limited availability


September 10 - Litigation - LI10

Litigating Pensions

The threat that public employee defined benefit pension plans pose to local government finances is real and only getting worse. The recent economic downturn is forcing local governments to make structural changes to their plans or risk financial crisis. 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, a state court in the class action Stephen Borders, et al. v. City of Atlanta, et al., Case No. 2013-CV-239021 affirmed the pension reform as both constitutional and effective in reducing the projected unfunded pension deficit from over 2 billion dollars to zero dollars within thirty years. The court’s comprehensive, 34-page opinion canvassed federal and state law across the country in granting Atlanta’s motion for summary judgment. This legal victory in the approximately 5000 employee class action will protect the plan from future legal challenge.

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: Cathy Hampton, Robin Shahar, & Seth Eisenberg

CLICK HERE to read the speakers' bios.

Date: September 10, 2015

Time: 1PM EST


 

September 16– Personnel 

You’re Going to Wear (Say or Do) That?  -  Appearance, Speech, and Conduct in the Municipal Workplace

This webinar revisits various issues and concerns associated with dress and conduct codes for municipal employees with a focus on recent developments in areas seemingly unrelated to the workplace. Selected topics from the array of concerns on this matter that will be addressed include:

  • Considerations in creating an employee dress code – style or substance
  • Summary of workplace speech and religious expression
  • What workplace conduct can (or should) be regulated.

Speakers: Dan Crean

CLICK HERE to read the speaker's bio.

Date: September 16, 2015

Time: 1PM EST


 

September 21 – Land Use – L18

Wetlands

Rapanos and the federal efforts to add some clarity continue to plague municipal lawyers.  How do you tell if it is a wetland, what regulation will survive attack in the courts, and what is the effect on global climate change on all of this?  The country’s acknowledged leading wetlands lawyer and a wetlands biologist internationally recognized for his work together provide an eclectic view.

Speakers: Virginia S. Albrecht, Michael Klemens, Dwight Merriam, & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: September 21, 2015

Time: 1PM EST


 September 28– First Amendment – C11 

Solicitation / Panhandling

FREE*

This webinar will focus on permissible solicitation/panhandling regulations including the status of recent federal circuit court decisions and the recent Supreme Court ruling in the Reed case and its impact.  Practical tips for practitioners to consider when drafting, revising or enforcing local laws or policies regarding solicitation/panhandling restrictions will also be discussed.

Speakers: Deborah Fox & Margaret (Meg) Rosequist

CLICK HERE to read the speakers' bios.

Date: September 28, 2015

Time: 1PM EST

*Limited availability


October 14 – Supreme Court – SC10

Supreme Court Preview Webinar

With the start of the new Supreme Court Term, the SLLC and IMLA are bringing you this FREE Supreme Court preview webinar. Redistricting, affirmative action, and preemption are just a few of the topics on the Supreme Court’s 2015-2016 docket. Preview the most significant cases of interest to state and local government with John ElwoodVinson & ElkinsKelsi Brown CorkranOrrick Herrington & Sutcliffe, and Kimberly AtkinsBoston Herald.

Note: CLE credit is only available for kitchen sink subscribers.

*This webinar will be 75 minutes**

Speakers:

John Elwood
Kelsi Brown Corkran
Kimberly Atkins


 

 

October 19 – Land Use – L19

Historic Preservation

Learn about the latest developments at the federal, state, and local level, and some of the more important decisions that affect your local practice from two of the country’s leading experts. What does it mean to be “historic,” how do you regulate at the local level, and what are the emerging issues?

Speakers: Sara Bronin, Paul Edmondson, Dwight Merriam & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: October 19, 2015

Time: 1PM EST


 October 21– Marijuana - D10

Marijuana Trends & Legal Issues Every Municipal Attorney Needs to Know

Marijuana is coming, are you ready? Legal marijuana, both recreational and medical, is continuing to spread across the country and local governments are assuming significant responsibilities for policy and regulatory decisions, while others are being intentionally limited. Join Chris Halsor, Colorado attorney, and one of the country’s experts on legal marijuana where he will discuss such issues as home grows, edibles, “open and public consumption,” hemp and dispensary regulation and zoning. He will also address a number of new issues that the marijuana industry is seeking to add to future legislation and ballot measures that municipalities will want to be aware of and anticipating.

Speaker: Chris Halsor

CLICK HERE to read the speaker's bio.

Date: October 21, 2015

Time: 1PM EST


October 27 – Technology – T14
Drones 2.0 – Regulatory Considerations and Challenges for Municipal Lawyers

This program will follow-up on our popular February discussion on UAVs - unmanned aerial vehicles or drones. While most people focus on long-awaited FAA/national regulations, there is important action at the state and local levels. California Gov. Jerry Brown recently vetoed a bill that would have required police to obtain warrants for surveillance by drones. Since 2013, 20 states have enacted laws on the issue, according to the National Conference of State Legislatures, ranging from how police can use the new technology to the use of drones by the general public. An example of a key challenge includes how to balance concerns over privacy and civil liberties with a technology that police departments say can serve as a powerful law-enforcement tool. The presentation will help municipal lawyers understand and address a broad scope of regulatory complexities.

In this presentation, John Bakker and Kristopher Kokotaylo from Meyers Nave will discuss: the scope of protection against government intrusion regarding drones; scope of expectation of privacy against private actors; the fact that the FAA has announced that it does not intend to regulate privacy in connection with UAS and the implications of that announcement; and local regulation of UAVs as exercise of traditional police powers

Speakers: John Bakker & Kristohpher Kokotaylo

CLICK HERE to read the speakers' bios.

Date: October 27, 2015

Time: 1PM EST


November 3 – E-discovery – LILL

Topic: Proportionality & eDiscovery Legal Hold

The latest federal rules amendments now emphasize proportionality considerations for e-discovery. How much are the changes mere form and how much substance? How should we change our existing practices for legal holds? Pretrial meet/confer/cooperate? Discovery objections? Production methods? Other practices?


Speaker: Pete Haskel

CLICK HERE to read the speaker's bio.

Date: November 3, 2015

Time: 1PM EST


November 9 – Land Use – L20

Comprehensive Plans

FREE*

"Make no little plans; they have no magic to stir men's blood and probably themselves will not be realized. Make big plans; aim high in hope and work." said Daniel Burnham.  But he didn't say anything about whether local comprehensive planning was mandatory or whether planning and zoning decisions had to be consistent with any local plans.  Those issues are front and center in the turbulent legal landscape of local planning.  Our two experts will offer you an illuminating debate subject.

Speakers: Edward J. Sullivan, Carrie Richter, Dwight Merriam, & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: November 9, 2015

Time: 1PM EST

*Limited availability


November 13– Law Office Management -LM1
Securing Value from External Counsel

There is much more to a successful relationship with external counsel than a good price and professional services. The primary responsibility to secure greater value every year rests with the law department. As a minimum, the elements must include:

• Detailed, annual forecasting of matters, work volumes and complexity
• Legal project management and work plans for all complex matters
• Balanced legal teams customized for each matter
• Five key performance indicators to ensure value

Panel to be hosted by: Joy Hulton,Regional Solicitor, The Regional Municipality of York, IMLA Ontario Chair


Speakers: Richard G. Stock, M.A., FCIS, CMC, Partner, Catalyst Consulting & Andra Maxwell, Legal Counsel, Insurance Litigation & Risk Management, Cityof Mississauga

CLICK HERE to read the speakers' bios.

Date: November 13, 2015

Time: 1PM EST


November 18– Personnel 
Holidays and Religion in the Municipal Workplace

Municipal workplaces may take on the appearance of a “winter wonderland” as the winter solstice approaches.  Not everyone, though, shares in the joys of the season in the same way as everyone else. This webinar looks at the range of actions and displays that occur from the permitted to the prohibited to the uncertain, and seeks to provide assistance in crafting policies to guide municipal actions.  Also included is an update on the topic of religious apparel in the workplace.

Speakers: Dan Crean & John Cloherty

CLICK HERE to read the speaker's bio.

Date: November 18, 2015

Time: 1PM EST


November 23 – Land Use - L21

Local Nuisance and Crime-Free Ordinances: Legal Issues and Policy Considerations

This webinar will explore the legal and policy issues raised by local ordinances that penalize landlords and tenants for calls for police service or criminal conduct occurring at the property. These local ordinances – often called nuisance, crime-free, or disorderly behavior ordinances – have been challenged in courts and investigated by HUD based on constitutional, fair housing, and other legal concerns. Researchers have demonstrated that they are disproportionately enforced against domestic violence victims, communities of color, and people with disabilities, raising discrimination concerns. The panelists will discuss recent litigation and HUD complaints, applicable federal fair housing considerations, and state law developments.

Local governments are tasked with addressing a myriad of issues related to activity which occurs on property within their jurisdictions. One such issue involves properties where offenses are committed by those living on the property which negatively impacts surrounding property and neighborhoods. Local governments have sought to address this issue through Chronic Nuisance Property ordinances. David Wesner, City Attorney for the City of Danville, Illinois, will provide a local government’s perspective on the issue and the use of these types of ordinances.

Speakers: David Wesner, Sandra Park, Melody Taylor-Blancher, & Barbara Delaney

CLICK HERE to read the speakers' bios.

Date: November 23, 2015

Time: 1PM EST


 December 8 – Ethics - E12

Topic: Legal Ethics Lessons from the Penn State Scandal

Speaker: Christopher B. McLaughlin

CLICK HERE to read the speaker's bio.

Date: December 8, 2015

Time: 1PM EST

CLICK HERE to register.


 December 10 – Construction  - CR10

Negotiating and Administering Effective Claims and Change Order Procedures in Public Construction Contracts

This program will introduce municipal practitioners to effective, owner-protective change order and claims language and procedures to use in Public Contracts. The key elements for change order notice, cost-substantiation, pricing change orders, owner directed changes, dispute resolution and the role of the A/E in the change order process will be analyzed. Participants will be exposed to different change order provisions commonly used in contracts and will learn the “traps for the unwary” that arise from application of standard, industry-driven change order processes. Participants will review actual case studies applying various claims and change order provisions in payment disputes arising under a contract and see how the language you draft and how you administer the procedure can drastically impact the outcome of the claim and the final price of the Work.

***This webinar is 1.5 hours***

Speaker: Steven Torres

CLICK HERE to read the speaker's bio.

Date: December 10, 2015

Time: 1PM EST

CLICK HERE to register.


December 14 – Land Use – L21
Fracking Redux

Hydraulic fracturing continues to dominate the news in many parts of the country, including ancillary transmission issues such as pipelines, storage, and rail transport of oil and gas, and related disposal of fracturing waste, even in areas where there is no extraction. Learn what the latest developments are to better meet the needs of your local governments.

Speakers: Erica Levine Powers, Sorell E. Negro, Dwight Merriam, & Dan Mandelker

CLICK HERE to read the speakers' bios.

Date: December 14, 2015

Time: 1PM EST

CLICK HERE to register.


December 16 – Personnel – P13
FLSA: A Moving Target

U.S. Supreme Court and appellate cases and the Obama administration’s directives to the Department of Labor regarding overtime rules may make significant changes in application of the Fair Labor Standards Act. The decisions and rule amendments and other recent developments will be analyzed and dissected in this webinar.

Speakers: Jeanne Phelan , DLA Piper LLP, Baltimore, MD & Dan Crean, Crean Law Office, Pembroke, NH

CLICK HERE to read the speakers' bios.

Date: December 16, 2015

Time: 1PM EST