Past Recordings

Past recordings of IMLA’s distance learning events are available post event if you were not able to join the live meeting. Please CLICK HERE to see the form to order past events. Note: Kitchen Sink registrants receive recordings for free.

*Post Event & Recording Rates:

IMLA member rate is $49 for the event materials plus $25 for the MP3 recording.

IMLA non-member rate is $99 for each event materials plus $25 for MP3 recording.
FREE events, IMLA members rate is $30 for event materials and MP3 recording (not applicable to non members, above rates apply).

Participated in an event and would like a recoding of that event, the above rates for recordings apply.

Please forward order form to This email address is being protected from spambots. You need JavaScript enabled to view it..

*IMLA distance learning events are webinars in the sense that they utilize PowerPoints to accompany the speaker’s presentation. Speakers are not using a webcam for their presentations.

 

Past Webinars by year:

2018

January 22- Personnel

Sexual Harassment: How #Metoo should be #NotHere

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

Speaker:  Roberta "Robin" Cross & Daniel Crean

Click here to view the speaker's bios.


January 30 - Land Planning

Planned Communities

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

Speakers: Mark White, Evan Seeman & Dan Mandelker

Click here to view the speaker's bios.


February 1 - Personnel 

Mental Health Assessments of Police Officers

**90 Minutes**

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

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

Click here to view the speaker's bios.


February 8 - Health and Environment

Net Blue Presentation: Water Neutral Community Growth

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

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

Speakers: Mary Ann Dickinson, Bill Christiansen & Adam Schempp

Click here to view the speaker's bios.


February 20 - Public Works

Public Contracts and Bidding – Avoiding Delays and Mitigating Liability

This presentation will address the following areas:

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

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

Speaker: Majeed Makhlouf

Click here to view the speaker's bio.


February 22 - Arbitration

What to Expect in Arbitration

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

Speaker: James Stokes

Click here to view the speaker's bio


February 27- Ethics

Ethics for Local Government Lawyers

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

Speaker: Chuck Thompson

Click here to view the speaker's bio.


March 8 - Land Use

Sober Living Facilities

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

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

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

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

Speaker: Todd Leishman & Jeff Ballinger

Click here to view the speaker's bios.


March 14 - Public Works

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

**90 Minutes**

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

Speakers: Steven "Tip" Torres

Click here to view the speaker's bio.


March 21 - Personnel

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

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

Speaker: Wendy Karpel

Click here to view the Speaker's bio.


May 8 - Telecommunications

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

**90 Minutes**

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

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


May 16—Land Use 

Best Practices in Land Use Ordinance Drafting

You'll learn about:

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

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

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

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

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

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

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

Speakers: Kimberly Mickelson & Susan Trevarthen

Click here to view the speaker's bios.


May 22 - Ethics; Technology

“I Never Metadata I didn’t like”

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

Speaker: Peter Haskel

Click here to view the speaker's bio.


June 5 -  Land Use

Takings Update

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

Speakers: John Echeverria & John Peloso

Click here to view the Speaker's bios.


June 7 -  Technology

Social Media Policies

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

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

Speakers: Kara Ueda

Click here to view the Speakers bio.


June 19 - Public Works

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

**90 Minutes**

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

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.


July 10 - Land Use

Zoning For Solar Energy

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

Speakers: Sara Bronin & Dan Mandelker

Click here to view the speaker's bios.


July 12 - Personnel

Employee vs. Independent Contractor

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

Speakers: Robin Cross & Dan Crean

Click here to view the speaker's bios.


July 19 - Police

SLLC Presents: SCOTUS Police Cases

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

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

Click here to view the speaker's bios.


July 24 - Marijuana Law

Policy Updates 

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

Speakers: Victor Ponto & Amanda Charne

Click here to view the speakers' bios.

2017

 

2016

 

2015

 

2014

 

Past Webinars by category:

Land Use

January 30- Land Planning

Planned Communities

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

Speakers: Mark White, Evan Seeman & Dan Mandelker

Click here to view the speaker's bios.


March 8 - Land Use

Sober Living Facilities

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

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

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

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

Speaker: Todd Leishman & Jeff Ballinger

Click here to view the speaker's bios.


May 16—Land Use 

Best Practices in Land Use Ordinance Drafting

You'll learn about:

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

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

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

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

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

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

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

Speakers: Kimberly Mickelson & Susan Trevarthen

Click here to view the speaker's bios.


 

June 5 -  Land Use

Takings Update

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

Speakers: John Echeverria & John Peloso

Click here to view the Speaker's bios.


 

July 10 - Land Use

Zoning For Solar Energy

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

Speakers: Sara Bronin & Dan Mandelker

Click here to view the speaker's bios.

 

Code Enforcement

March 21 - Personnel

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

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

Speaker: Wendy Karpel

Click here to view the Speaker's bio.


 

July 24 - Marijuana Law

Policy Updates 

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

Speakers: Victor Ponto & Amanda Charne

Click here to view the speakers' bios.

 

ADA

 

First Amendment

 

Ethics

February 27- Ethics

Ethics for Local Government Lawyers

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

Speaker: Chuck Thompson

Click here to view the speaker's bio.


 May 22 - Ethics; Technology

“I Never Metadata I didn’t like”

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

Speaker: Peter Haskel

Click here to view the speaker's bio.

 

NGL

February 20 - Public Works

Public Contracts and Bidding – Avoiding Delays and Mitigating Liability

This presentation will address the following areas:

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

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

Speaker: Majeed Makhlouf

Click here to view the speaker's bio.


February 27- Ethics

Ethics for Local Government Lawyers

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

Speaker: Chuck Thompson

Click here to view the speaker's bio.

 

 

Personnel

January 22 - Personnel

Sexual Harassment: How #Metoo should be #NotHere

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

Speaker:  Roberta "Robin" Cross & Daniel Crean

Click here to view the speaker's bios.


February 1—Personnel 

Mental Health Assessments of Police Officers

**90 Minutes**

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

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

Click here to view the speaker's bios.


February 22 - Arbitration

What to Expect in Arbitration

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

Speaker: James Stokes

Click here to view the speaker's bio.


March 21 - Personnel

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

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

Speaker: Wendy Karpel

Click here to view the Speaker's bio.


 

July 12 - Personnel

Employee vs. Independent Contractor

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

Speakers: Robin Cross & Dan Crean

Click here to view the speaker's bios.

 

Finance

May 8 - Telecommunications

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

**90 Minutes**

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

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.

 

 

Police

July 19 - Police

SLLC Presents: SCOTUS Police Cases

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

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

Click here to view the speaker's bios.

 

 

Public Works

 

Litigation

February 22 - Arbitration

What to Expect in Arbitration

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

Speaker: James Stokes

Click here to view the speaker's bio


 

July 19 - Police

SLLC Presents: SCOTUS Police Cases

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

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

Click here to view the speaker's bios.

 

Technology

May 22 - Ethics; Technology

“I Never Metadata I didn’t like”

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

Speaker: Peter Haskel

Click here to view the speaker's bio.


 

June 7 -  Technology

Social Media Policies

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

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

Speakers: Kara Ueda

Click here to view the Speakers bio.

 

Telecommunications

May 8 - Telecommunications

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

**90 Minutes**

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

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.

 

Health & Environment

February 8 - Health and Environment

Net Blue Presentation: Water Neutral Community Growth

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

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

Speakers: Mary Ann Dickinson, Bill Christiansen & Adam Schempp

Click here to view the speaker's bios.


 

June 19 - Public Works

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

**90 Minutes**

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

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.

 

General Government

February 20 - Public Works

Public Contracts and Bidding – Avoiding Delays and Mitigating Liability

This presentation will address the following areas:

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

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

Speaker: Majeed Makhlouf

Click here to view the speaker's bio.


February 22 - Arbitration

What to Expect in Arbitration

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

Speaker: James Stokes

Click here to view the speaker's bio


 March 8 - Land Use

Sober Living Facilities

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

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

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

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

Speaker: Todd Leishman & Jeff Ballinger

Click here to view the speaker's bios.


 

March 14 - Public Works

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

**90 Minutes**

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

Speakers: Steven "Tip" Torres

Click here to view the speaker's bio.


 

March 21 - Personnel

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

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

Speaker: Wendy Karpel

Click here to view the Speaker's bio.

 


May 16—Land Use 

 

Best Practices in Land Use Ordinance Drafting

You'll learn about:

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

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

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

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

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

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

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

Speakers: Kimberly Mickelson & Susan Trevarthen

Click here to view the speaker's bios.


 

June 7 -  Technology

Social Media Policies

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

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

Speakers: Kara Ueda

Click here to view the Speakers bio.


 

June 19 - Public Works

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

**90 Minutes**

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

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.


 

July 24 - Marijuana Law

Policy Updates 

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

Speakers: Victor Ponto & Amanda Charne

Click here to view the speakers' bios.