Recent Developments in Election Law: The Independent State Legislature Theory, Voter Suppression masquerading as Election Reform, and Efforts to Curb Partisan Gerrymandering This program will focus on the most recent developments in election law, with emphasis on the Independent State Legislature theory to further restrictions on Section 2 Vote Dilution under the Voting Rights Act and pernicious efforts to suppress minority voting. Given the uncertainty in the law as reflected in the most recent grant of certiorari in the Moore...

Emergency Pandemic Hotel Shelters: Legal Challenges and Lessons Learned In the earliest days of COVID-19, jurisdictions across the country quickly stood up emergency pandemic shelters for those experiencing homelessness, often in hotels. These pandemic shelters operated far longer than expected and, in some cases, drew legal challenges.  This presentation will address tips for defending against legal challenges to these emergency, life-saving efforts, as well as lessons learned and legal pitfalls to avoid. Speaker: Devona Wells & Rebecca Holschuh

Federal Circuit Court Trends This presentation will examine trends in the federal circuit courts involving important constitutional issues for local governments. Topics covered will include social media cases and the First Amendment, homelessness case trends, Taking trends, novel Fourteenth Amendment arguments stemming from COVID-19 shutdowns, and the dormant commerce clause as it relates to short-term rentals. Speaker: Amanda Karras

Prosecuting Code Cases This presentation will discuss pros and cons for taking the civil/administrative and criminal routes in prosecuting code cases. The presentation will discuss initial intake issues and concerns and the common errors and problems that come with them.  The presentation will also discuss training and advising investigators and ethical dilemmas which may arise for Prosecutors. Speaker: Samuel Adams & Felix Ramirez

Questions to an Ethics Hotline This presentation will cover questions regularly raised by local government lawyers about the Rules of Professional Conduct and discuss how and which Rules answer such questions.  The presentation will generally cover several of the ABA Model Rules having particular applicability to local government lawyers, including the Preamble and Scope and Rules 1.0 through 1.11, 1.13, 1.16, 1.18, Rules 3.1 through 3.5 and Rules 3.8 and 3.9, Rules 5.1 through 5.4 and Rules 8.3 and 8.4...

Fundamentals of Alternative Project Delivery in Public Construction: CMAR and Design-build Mechanics CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. This program will introduce municipal practitioners to the basic procurement and contracting distinctions between traditional public construction through “low bid” and alternative project delivery models including design-build and construction manager at risk (CMAR).  As more states permit local government to use these progressive project delivery models, municipal counsel are increasingly called upon...

Employment Law Challenges in the New Normal Municipal employers are facing a variety of challenges in the post-pandemic, new normal workplace.  This especially is the case with the advent of what is termed “long COVID,” which has been defined as “new, recurring or ongoing health problems” experienced at least four months after infection with the COVID-19 virus. This program, presented by Jonathan R. Mook, will address the extent of long COVID among working age Americans and its economic impact as...

Alternative Project Delivery: What Went Wrong Construction owners are seeking to find better methods of procuring construction projects than the traditional Design-Bid-Build method. Do you know what the advantages and disadvantages are of alternative project delivery methods such as Design-Build and CM At Risk? This presentation will explain the differences between these alternatives, and share best practices for how to make each method successful. Additionally, how disputes are handled will be discussed. After attending this presentation, participants should be able...

Public Rights-of-Way: Outdoor Dining and Management of Competing Uses The COVID-19 pandemic gave rise to an explosion in the use of public space for private commercial use. Consequently, cities are tasked with balancing the interests of myriad nonexclusive licenses to use the public right-of-way. The program illustrates the complexities of managing diverse commercial and governmental interests, public safety, and maintaining a system of public roads, while considering the future of “Streeteries” in the City. Speaker: James Kellet & Maggy White

Strategies for Addressing Homelessness: the Colorado Springs Case Study  This presentation is a case study focusing on the intersection of legal and services-based efforts to address issues of homelessness.  It will also discuss the unique impacts on this topic related to a city that has grown rapidly, lacks affordable housing, has a re-emerging downtown, and is home to a variety of different military installations, including a service academy.  While the current legal landscape will be discussed, strategies beyond legislation that...