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


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.

Click here to register.


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

Register here: https://register.gotowebinar.com/register/5029360084589077251


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


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


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


December 6th- Construction Contracts

Contract Provisions Set the Stage for King County v. Vinci/Parsons RCI/Frontier-Kemper, JV and Liberty Mutual et al.

Speaker: Mary Englund


December 14- Preemption

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



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.

Click here to register.

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.

 

 

 

2014 Teleconference/Webinar Calendar

Since 1935, the International Municipal Lawyers Association (IMLA, formally NIMLO) has specialized in serving municipal lawyers and advancing the interests of local government law.  One way we do this is by connecting our members with recognized leaders in their field on a wide range of topical and practical legal issues.  For years we have done this through live teleconferences and Webinars.


 

2014 IMLA Teleconference/Webinar Schedule

Unless otherwise noted, all webinars are one hour long from 1-2 PM Eastern.

Past Teleconference/Webinars

January 14 – Land Use – L50
2013 Land Use - The Year in Review

Start the year off right with a comprehensive briefing on land use law developments from 2013 and what lies ahead from the six of the seven authors of the pre-eminent casebook on land use law…

Speakers: Dwight Merriam, Dan Mandelker, Nancy Stroud, Carol Brown, Peter Salsich and Julie Tappendorf


 

January 29 – Personnel – P50

Getting Trendy with Employment Law: What to Expect in 2014

• Court Dockets for the Coming Year
• Legislative Proposals
• Administrative Proceedings and Rules

Speakers: Dan Crean and Sheila Gladstone


 

February 10 – Land Use – L51
Local Government Perspectives on “Fracking”; the good, the bad, and the ugly?

From a public policy perspective, high volume hydraulic fracturing of shale deposits for oil and gas exploration poses questions of national and global energy policy and environmental constraints and related state and local issues. This webinar focuses on proactive local government approaches to community impacts of oil and gas exploration and development such as noise, light, roads and infrastructure, air and water pollution, land use and natural resource planning, and social issues such as housing, schools, hospitals, and public safety.
This includes anecdotal material from New Mexico and New York.

Speakers: Erica Powers, Stephen Ross, Sorell Negro, and Dan Mandelker


 

February 19- Personnel – P51

Employee Outside Interests: Legitimate Employer Concern or Landmine?

This webinar will examine issues arising from employee outside interests such as conflicts of interest and moonlighting.

Speakers: Dan Crean and Peter Letzmann


 

March 10 – Land Use – L52
Comprehensive Plans

"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, who between them have four score years of experience in this area will offer you an illuminating debate subject.

Speakers: Ed Sullivan, Deborah Rosenthal, Professor David King, Dwight Merriam, and Dan Mandelker


 

March 19 – Personnel – P52
Public Employee Speech: The “INs and OUTs” of the Political, Confidential, Policy-Maker Exception to Protected Speech

This webinar examines which employees and what speech are encompassed within the so-called Bronti-Elrod exception to public employee speech rights.

Speakers: Dan Crean and Vince Fontana


 

March 20- Litigation – L50
Preserving and Protecting Cities' Interests in Consumer Class Actions

Municipalities are significant consumers of products used by police and fire departments, public works departments, parks and recreation departments, schools, and other municipal departments serving local communities. In recent years, significant criminal actions have been brought against foreign manufacturers of such products, resulting in billions of dollars levied in criminal fines, and jail time for many executives. Civil lawsuits targeting the same conduct have yielded recoveries worth billions of dollars in the aggregate – the most recent being the $1.1 billion settlement in the LCD antitrust action, in which some public entities have claims exceeding $1 million.

In many cases municipalities and other local public agencies cannot participate in these actions – and therefore cannot recover for the harms they have suffered – because they are expressly excluded from the class definition. What are the opportunities, duties, and responsibilities of municipalities in such cases? This seminar will explore the current status of pending actions, including whether municipalities will be eligible to participate in recoveries, and what options municipalities have to ensure meaningful participation and recovery in these valuable actions.

Speakers: Scott Dickey & Lesley Weaver


 

March 27 – Constitutional Law – C50
Sign Regulations and the First Amendment: Navigating Recent Developments in the Law

This presentation will discuss recent developments in the law of sign regulations concerning the monetization of billboards and other commercial signs, political and protest signs, and the public forum doctrine.

Speakers: Deborah Fox and David Warner


 

April 2 – Telecommunications – T50
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.

Speakers: John Pestle and Jonathan Kramer

***This webinar is 1.5 hours***


 

April 14- Land Use – L53
Inclusionary Zoning

Inclusionary zoning is a concept that has come, and gone, and come back again. In this time of this post-recession rebuilding of our real estate market, local governments all across the country are beginning to take another look at what they can do to provide more affordable housing for all types of individuals and households from the young, upwardly mobile central city family that wants the opportunity to live in the suburbs, to the aging widow wants to stay in her hometown but can no longer afford to do so. This session will bring you up to speed on what the current issues are and provide you with some solid, take away advice that you can use.

Speakers: Hon. Peter Buchsbaum, Jennifer Bragar, Robert Holmes, Dwight Merriam, and Dan Mandelker


 

April 16 – Personnel – P53
Workplace Investigations: Best Practices With a Focus on Employee Privacy

Discipline in public employment matters is never easy. Investigations prior to consideration of discipline may facilitate or impair that process. This IMLA webinar seeks to provide guidance in handling workplace investigations, including a discussion of employee privacy rights.

Speakers: Dan Crean and Melinda Barlow


 

April 28 – Municipal Finance – F51
Tax-Exempt Governmental Bonds: Private Activity Pitfalls and Pratfalls

Governmental entities that issue tax-exempt governmental bonds are generally required to maintain governmental use of bond financed projects in order to maintain the tax-exempt status of the bonds. This webinar will highlight common types of “private use” arrangements that governmental entities enter into, their possible (and sometimes surprising) effect on the tax-exempt status of related bonds, remedies that are available to governmental entities to maintain the tax-exempt status of the related bonds, as well as some best-practice suggestions to avoid unintended consequences of entering into private use arrangements.

Speakers: Kara Adams & Brenda McDonough


 

May 6, 2014- Telecommunications – T51
Cell Tower Zoning

Federal Law of Cell Tower Zoning: The 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) dealing with the FCC's "Shot Clock" orders; and (3) the 2012 Federal statute (Section 6409(a)) which purports to override state and local laws affecting collocation; the (4) current FCC Notice of Proposed Rulemaking proceeding on Section 6409(a), and; (5) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards. The 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. An interactive Question and Answer session will follow the presentations.

Speakers: John Pestle and Jonathan Kramer

***This webinar is 1.5 hours***


 

May 8 – Synthetic Drugs– D50
Synthetics: The Battle for Duluth

Over the past four years, Duluth, Minnesota has been ground zero in the nation’s struggle to address the public health threat associated with the sale and ingestion of synthetic drugs, commonly called “bath salts,” “herbal incense,” or “fake weed” and bearing street names such as “K2,” “Spice,” “DOA,” “Role-X Watch Cleaner” and “Water Pipe Cleaner.”

Synthetic Drugs: The Battle for Duluth relates the devastating effect synthetic drugs had on Duluth’s historic downtown district and the community as a whole before the court-ordered closure of the infamous downtown headshop known as the “Last Place on Earth” on July 19, 2013. The presentation highlights the municipal tools used to challenge the unregulated sale of synthetic drugs within the community, as well as the multi-faceted approach utilized by the city and other governmental entities to curtail the public health pandemic and overwhelming nuisance conditions flowing from the open and notorious sale of designer drugs.

**Note: A portion of this webinar (approximately 6 minutes) will consist of videos depicting various aspects of the synthetic drug problem in Duluth. Participants must be logged in to the webinar on their computers in order to both see and hear the videos. If you are logged into the presentation through your telephone you will not be able to hear the audio portion of the videos. Anyone requiring technical assistance in logging in to the webinar should contact Amanda Kellar at This email address is being protected from spambots. You need JavaScript enabled to view it.

Speaker: Nathan LaCoursiere


 

May 12 – Land Use – L54
Takings

We are bringing back Professors Brown and Salsich from their well-received presentations in January to talk about an issue that just keeps getting back in our face, call it the “Justin Bieber of constitutional problems in land-use.” You need to know what the post-Koontz world is like and have a firm grasp of the recent developments since we covered this issue year ago. Come to class on May 12 and take a front row seat as our two professors regale you with the latest and greatest.

Speakers: Professor Carol Brown, Professor Peter Salsich, Dwight Merriam, and Dan Mandelker


 

June 2 – Land Use – L61
Local Regulation of Historic Properties - "Developing a Historic Preservation Ordinance from Scratch (or Fixing an Old One)"

Of course, nearly every municipality has historic resources and needs to plan and regulate for their protection and preservation. Get out of the summer sun and heat, sit back with the pitcher of iced tea and some lemon drop cookies, and enjoy the stimulating conversation from two of the country’s leading experts about how you can make your historic preservation regulations better -- or build them from the ground up.

Speakers: Professor Sara Bronin, Ryan Rowberry, Tom Cody, and Michele Maresca


 

June 5-Municipal Finance – F52
SEC Self-Reporting Initiative for Issuers and Other Significant Recent Disclosure Actions: Decisions for Municipal Lawyers

Recently, the Securities and Exchange Commission has become more assertive regarding municipal issuer continuing disclosure. The Commission is concerned about persistent reports of substantial non-compliance by issuers with their continuing disclosure agreements. In 2013, the SEC announced a number of enforcement actions. In March 2014, the SEC publicized a new initiative “to encourage issuers and underwriters of municipal securities to self-report certain violations … rather than wait for their violations to be detected.” The Commission stated that, under the “Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, the Enforcement Division will recommend standardized, favorable settlement terms to municipal issuers and underwriters who self-report” by September 10, 2014 “that they have made inaccurate statements in bond offerings about their prior compliance with continuing disclosure obligations.” The Commission added, “Those who do not self-report and instead decide to take their chances can expect to face increased sanctions for violations.” The Initiative creates circumstances in which certain issuers and their counsel must consider whether to self-report potential violations.
This webinar will consider the SEC’s Initiative, as well as recent enforcement actions, with SEC enforcement staff, bond counsel and an issuer official.
We recommend you invite your finance directors to attend this webinar.

Speakers: Robert Doty, Mark Zehner, Peter Chan, Barbara Adams, John McNally, and Jim Burr

** This webinar will be 75 minutes


 

June 9-Land Use – L55
Dealing with Vacant Property

Regrettably, there is an enormous amount of vacant property, some of it left in the wake of natural disasters when property owners who not adequately insured have not been able to rebuild, and some of it simply abandoned after the worst real estate recession of any of our lifetimes. Our esteemed panel knows what to do from their experience, their research, and their writings. At the end of this fast-paced one hour, your toolbox of techniques to address the vacant lots in your municipality will be filled to overflowing.

Speakers: Alan Mallach, Michael Braverman, Sorell Negro, Dwight Merriam, and Dan Mandelker


 

June 18 – Personnel – P54
Remind Me Again – Why Did We Hire that Person?

Employee selection and hiring can be more like an art form than a science (notwithstanding the time, money, and effort spent by the NFL on its annual player draft). Thus, not all hires will result in selection of the correct applicant who will mesh perfectly. This teleconference examines options to lessen risks when employers need to take action to correct hiring problems.

Speakers: Dan Crean and Lawrence L. Lee


 

July 14 – Land Use – L56
Home Rule and Preemption

The biggest issue today in local government, hidden from view because the media doesn't think it newsworthy, is home rule and preemption -- it cuts across all manner of federal, state, and local intergovernmental relations, planning, and regulation. The effects can be dramatic in terms of cutting off local governments from governing locally. Regulation of tracking is just one example of many where this issue home rule and preemption predominate. Professor Callies knows this area the law like no one else can you will come away from this teleconference is an expert yourself.

Speakers: Professor David Callies, Dwight Merriam, and Dan Mandelker


 

July 16 – Personnel – P55

The Supremes Sing Again: You Keep Me Hangin’ On

This Teleconference Reviews and Analyzes the 2013 Term Employment Law Decisions from the United States Supreme Court Along with Selected Decisions from Other Courts

Speakers: Dan Crean, Douglas Haney


 

July 24 – Litigation – LI51
Confidentiality v. Public Access in the Courtroom

This webinar will explore tactics for opposing, seeking, and structuring anonymous parties, in camera sessions, ex parte hearings, bench conferences, closed courtrooms, sealing orders, and other non-public procedures in civil litigation.

Ethics credit may be available for this session.

Speaker: Peter Haskel


 

August 14 Land Use – L61
Sex, Guns & Drugs:
Planning for Controversial Land Uses

The U.S. Constitution guarantees freedom of expression, freedom of religion, and the right to bear arms. But it’s not that simple. Businesses that rely on these constitutional guarantees continue to generate controversy in communities across the country. To compound matters, state legislatures from Arizona to Massachusetts have been busy granting new – and in many cases, previously unheard of – rights to marijuana and firearm retailers. This has rapidly drawn planners and zoning practitioners into the debate over how these businesses best fit into their communities, and whether their communities are legally obligated to accommodate these uses in the first place. Spend an hour learning about the issues and regulatory strategies from around the country.

Speakers: Daniel J. Bolin (Ancel Glink, PC, Chicago, Illinois) and Gregory W. Jones (Ancel Glink, PC, Chicago, Illinois)


 

August 18- Transportation- 60

Uber/Lyft and Other Innovative Solutions to Transportation Demand

IMLA has a terrific program set for Baltimore that includes an in depth discussion of some innovative transportation ideas, but we have had so much demand for a program that we will host a FREE Webinar for our members on Monday, August 18 at 1PM EDT to discuss this topic. For Monday, we are delighted to have Nicholas W. Ramfos, Director, Alternative Commute Programs, National Capital Region Transportation Planning Board, Metropolitan Washington Council of Governments presenting together with Erich Eiselt, IMLA Assistant General Counsel and Editor of the IMLA Municipal Lawyer


 

August 20- Personnel – P56

Employment Preferences & Discrimination After Schuette

In April of this year, the U.S. Supreme Court was asked to decide if an amendment to Michigan’s state constitution that prohibits state universities from considering race as part of its admissions process violated the U.S. Constitution’s Equal Protection Clause. While avoiding the specific question of the constitutionality of affirmative action, the Court upheld the amendment as not violating court precedent described as the “political-process doctrine.” The impact of that decision on local government employment may result in the role of affirmative action being determined largely by state and local government actions. This webinar looks at those implications and discusses and analyzes alternatives to increase diversity in employment without the use of quotas or other race-based preferences.

Speakers: Dan Crean and Sheila Gladstone


 

September 8 – Land Use – L57

Health Impact Assessments

In this new wonderful world of wellness, we now have concerns about the intersection of land-use planning and regulation in the health of our citizens. The term "six pack" has new meaning in this context. If you know little or nothing about health impact assessments (and most of us are in that category), gather up your staff and invite some of your planner friends in to hear what Dean Salkin has to say so that you can make meaningful contributions to this emerging, significant trends.

Speakers: Dean Patricia Salkin, Dwight Merriam, and Dan Mandelker


 

September 30 – Marijuana Legalization – D51

Preparing Your Community for the Side Effects of Marijuana

Learn from the experiences of municipal attorneys in the trenches in a state where marijuana has been legalized (Colorado) and a state that allows medical marihuana (Michigan). Proactive approaches and defensive maneuvers will be shared with municipal attorneys in states that have some form of legalized marijuana and for those communities that will be facing future legalization pushes.

Speakers: Doug Friednash, Mark Barnes & Lori Bluhm


 

October 9- Transportation – TR61

Uber and Transportation Network Companies (“TNCs”)

This teleconference will be free for members!

New smartphone-enabled transportation services are presenting significant regulatory and economic challenges to municipalities. How do we address issues of licensing, background checks, vehicle safety, accessibility, insurance, fees and taxes, enforcement and others? We are pleased to provide IMLA members with our second teleconference on Transportation Network Companies. Our headliner is Matthew Daus, who leads the transportation practice at Windels, Marx in New York City. Formerly the Commissioner of New York City’s Taxi License Commission and currently President of the International Association of Transportation Regulators, Mr. Daus and his colleagues at the firm’s transportation practice will speak to these issues, pointing to TNC policies and ordinances that have been adopted around the country.

We are allocating 90 minutes to this session to allow ample time for questions and answers.

We will be distributing to registered members a significant number of relevant documents well in advance of the session, including a recent overview of litigation involving Uber produced by Mr. Daus and his colleagues. We look forward to this important discussion--please bring your questions!

***This teleconference is 1.5 hours***

Host- Erich Eiselt, IMLA Assistant General Counsel

Speakers: 
Matthew Daus, Partner, Windels Marx Lane & Mitttendorf, New York, NY.

Jasmine Le Veaux, Counsel, Windels Marx Lane & Mittendorf, New York, NY.

Jason R. Mischel, Counsel, Windels Marx Lane & Mittendorf, New York, NY.

Date: October 9, 2014

Time: 1PM EDT


 

October 14- Land Use – L58

Implementing Affirmatively Furthering Fair Housing

Every city and county that receives Community Development Block Grants, HOME funds, and many other federal funds is required to “affirmatively further fair housing” — an obligation that DOJ, HUD, and private parties have been enforcing since 2009. It actually is all about bringing an end to “American Apartheid.” Learn about the key litigation used to enforce this obligation and what communities can realistically do to actually affirmatively further fair housing. It’s a lot more demanding than posting the Fair Housing Logo on your city’s website.

Speakers: Daniel Lauber, Michael AllenDwight Merriam, and Dan Mandelker

Date: October 14, 2014

Time: 1PM EDT


 

October 21 – Environmental Law – E50 

PCBs in Schools

In recent years, polychlorinated biphenyls (PCBs) have been discovered in schools throughout the Northeast resulting in EPA mandated multi-million dollar clean-up projects to remove PCBs from classrooms. More recently, the discovery of PCBs in a California school district has led experts to believe that tens of thousands of schools nationwide may be contaminated by the carcinogen. This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating classrooms and on-going litigation on behalf of school districts to recover cleanup costs from Monsanto, the exclusive manufacturer of PCBs in the United States.

Speakers: Kevin Madonna & David MacIntosh

Date: October 21, 2014

Time: 1PM EDT


 

October 22 – Personnel – P58
Smoke Gets in Your Eyes – Or Does It?

Employee testing for alcohol, drugs and other substances has been a matter of controversy and concern for a number of years. The emergence of laws conditionally legalizing medical and recreational use of marijuana may alter the legal landscape of testing. This webinar looks at current practices for drug and alcohol testing of public employees and the possible changes arising from legalization.

Speakers: Jane TaylorLawrence LeeKathleen Davidson, & Dan Crean

Date: October 22, 2014

Time: 1PM EDT


October 30 – Ethics – E51

Lawyers & Social Media: Beware of Ethical Pitfalls

Attorneys are just as likely to use social media in their everyday lives as non-attorneys. But where a hasty post or comment might lead only to embarrassment for some, a seemingly innocent disclosure by an attorney could lead to serious ethical repercussions. In this program, Julie Tappendorf, the co-author of the book “Social Media & Local Governments: Navigating the New Public Square,” will provide an overview of the most common ways social media use by lawyers could lead to ethical violations of the ABA Model Rules of Professional Conduct.

Speaker: Julie Tappendorf

Date: October 30, 2014

Time: 1PM EDT


November 4 – Municipal Finance – F50

Municipal Bankruptcy

What happens to our pensions when a local government declares bankruptcy?  This webinar will provide a recap of recent decisions in California and Detroit on the status of local government pensions should a local government declare bankruptcy

Speakers: Steve Kemp and Karen Grande

Date: November 4, 2014

Time: 1PM EDT


 

November 6 – Telecommunications – T52

New FCC Rules on Cell Tower Zoning

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 and Jonathan Kramer

***This webinar is 1.5 hours***

Date: November 6, 2014

Time: 1PM EDT


November 10- Land Use – L59

Codes

The "Code Brothers" (think of them as the "Blues Brothers" of code writing) will remind you of Elwood’s oft-repeated line: “We're on a mission from God” because they are so committed to the cutting edge of codes. You want to know something about codes? This is the place to be. You can bet they will start their program was something much like Elwood did: “It's 106 miles to Chicago, we got a full tank of gas, half a pack of cigarettes, it's dark... and we're wearing sunglasses.”

Speakers: Mark WhiteJoel RussellDon ElliottDwight Merriam, and Dan Mandelker

Date: November 10, 2014

Time: 1PM EDT


 November 19 – Personnel – P59

Municipal Employment and Immigration: Something New – or Not so New?

Municipal employers must walk a fine line in handling immigration issues with respect to applicants for employment, current employees, and even discharged or retired employees. This IMLA webinar analyzes and provides guidance as it reviews State and Federal requirements ranging from E-Verify, to record-keeping, to mandated actions. If Federal legislation or administrative rules are adopted prior to the webinar, compliance guidance will be provided as well.

Speakers: Dan Crean,Keith Pabian, and Rusi Patel

Date: November 19, 2014

Time: 1PM EDT


December 8 – Land Use – L60

RLUIPA

A year of IMLA land-use teleconferences would not be complete without a most spirited debate from two people who are widely acknowledged as poles apart on RLUIPA. Professor Hamilton, bar none, is the country’s leading government-side advocate and scholar. Dan Dalton has recently published a book for the American Bar Association and how to best represent religious institutions against local governments. He has never lost an RLUIPA case for a religious institution. These two have debated each other before and the sparks they generate will be illuminating.

Speakers: Marci HamiltonDan DaltonEvan Seeman

Date: December 8, 2014

Time: 1PM EDT


December 16 – Ethics – E50
When Does “No” Mean “No”: A Discussion of the “No Contact” Rule and the Representation of Multiple Internal Government Constituents

A government lawyer faces challenging issues by virtue of representing a government organizational entity. Private lawyers want to communicate with your represented elected and appointed officers and employees under claim of legal right. The government lawyers is often asked to handle legal matters involving multiple constituents within the government at times with conflicting interests and positions. At times the government attorney must just say “no”. This webinar will include a discussion of the issues and the applicable Model Rules of Professional Responsibility as well as the approach of some state bars.

Speaker: Marion Radson

Date: December 16, 2014

Time: 1PM EDT


December 17 – Personnel – P60

Best Practices to Limit or Prevent Employment Discrimination Liability

Employment discrimination claims are the most commonly filed lawsuits in the federal court system.  But they also reveal patterns in the way cases are litigated and how plaintiff's attorneys try to prove discrimination.  By learning from these patterns, employers can improve their day-to-day handling of human resources issues and decrease their exposure to lawsuits.  So, please join us for a special presentation from guest speaker David A. Cole, a partner with the law firm of Freeman Mathis & Gary, LLP, in Atlanta, Georgia, as he leads an insightful discussion of the best practices for employers to limit or prevent their employment discrimination liability.

Speakers: Dan Crean and David Cole

Date: December 17, 2014

Time: 1PM EDT


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

Webinars from IMLA

Since 1935, the International Municipal Lawyers Association (IMLA, formally NIMLO) has specialized in serving municipal lawyers and advancing the interests of local government law.  One way we do this is by connecting our members with recognized leaders in their field on a wide range of topical and practical legal issues.  For years we have done this through live teleconferences.  In 2014 we will be transitioning to a webinar platform.

Changes to the new Webinar Platform!

IMLA Webinars will use Anymeeting.com for all Webinars.  Anymeeting.com does not require any additional software for attending the webinars other than adobe flash player.  Participants will be able to attend the webinars online or over the phone as they have in years past.  However, we recommend that participants use the online platform for the meetings, as the new web conferencing platform has a number of added benefits. 

These benefits include:  

Attend the meeting online or over the phone

Live file sharing for presentations

Take notes and email to yourself and others

Live web cam capabilities

Live chat questions for presenters

Live chat with other attendees

   

Earn Continuing Legal Education Credits!

IMLA is a recognized provider for Mandatory Continuing Legal Educations (MCLE) credits.  The following 37 states currently accept MCLE credits for IMLA webinars*  Alabama, Arkasas, Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Iowa, Illinois, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, New Hampshire, New Mexico, Nevada, New York, Oklahoma, Orgeon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Wyoming.

*IMLA will submit applications for CLE credits upon request.

Get the “Kitchen Sink” Subscription and Train your Entire Office at a Fraction of the Price!

Times are changing, and IMLA is changing with them.  With an ever increasing workload, and decreased allowances for staff training, everyone is looking to do more with less.  One subscription to the “Kitchen Sink” will provide your entire office with FORTY (40) Webinars, for all of its CLE needs!!! 

Get the “Series” Subscription for Land Use or Personnel and Train your Department at a Fraction of the Price!

Is your practice focused on land use or personnel law?  Get all thirteen (13) land use webinars or all eleven (11) personnel webinars for a fraction of the price!

Pricing:

Single Webinar (Member Rate) -------------------------------------$49 

Single Webinar (Non-Member Rate) ------------------------------$99 

Annual “Kitchen Sink” Subscription (Members Only) -------- $499

Annual “Kitchen Sink” Subscription (Non-Member Rate) --- $1,999 

Special “Series” Rate for Land Use (Member Rate) -------------$199

            Special “Series” Rate for Personnel (Member Rate) ------------$199

To sign up for an IMLA Webinars or subscribe to the “Kitchen Sink” or “Series” rates please email This email address is being protected from spambots. You need JavaScript enabled to view it..