Square PEG in a Round Hole: Limits on Municipal Use of Public, Education, and Government Fees This presentation will discuss the federal restrictions on local governments’ use of public, education, and government (“PEG”) fees paid by cable operators to support local government PEG channels, pursuant to the federal Cable Communications Policy Act of 1984. Unlike some types of municipal revenue and funding sources, which carry no restrictions regarding how they may be spent and which are designated for the general...

Effective Animal Ordinances-Dealing with Nuisances Safe and humane communities are a priority. Have you examined your animal services ordinances to ensure they effectively address real not perceived nuisances?  Are they written so they can't be weaponized in petty neighborhood arguments wasting the time of your field services workers?  We will examine some creative habitual nuisance ordinances and provide examples of creative solutions to your animal issues. Speaker: Ledy VanKavage & Katie Barnett

"In This Together" - Well-Being Practices for Lawyers Since 2016 the ABA and the ABA Commission on Lawyer Assistance Programs has heightened focus on Lawyer Well-Being. Often neglected in general “wellness” programs, “well-being” represents not only mental and emotional health, but life satisfaction, purpose, and fulfillment. This presentation explores some of the elements that boost well-being, including Zen and how to incorporate it, as well as a review of habits and practices recommended in the ABA activities workbook published in...

Sunshine Laws and the Vulnerability of Consultant Work Product in Public Works Construction Disputes The United States Freedom of Information Act (FOIA) and similar state-level open records statutes are intended to promote transparent government operations.  However, when public agency owners encounter construction disputes, such "sunshine laws" may become an obstacle to resolving them.  This presentation will explore the vulnerability of consultant work product to public records act demands against the intersection of attorney-client and work product privilege. Speaker: Bryan Payne...

Fundamentals of Municipal Finance and Borrowing 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...

Post-COVID Equitable Housing Preemption CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. This session examines state preemption of local authority to protect tenants and expand access to affordable housing, particularly following the implementation and expiration of emergency measures passed during the COVID-19 pandemic. Many state legislatures, in both “red” and “blue” states, preempt local governments from increasing housing supply, crafting inclusionary zoning, or implementing rent regulations to alleviate housing unaffordability. This dynamic...

Practical Implications of the Supreme Court’s Recent Free Exercise and Establishment Decisions This webinar will address the practical implications of recent Supreme Court decisions about the Free Exercise and Establishment Clauses. Led by a practicing First Amendment lawyer and a First Amendment specialist at UVA Law School, it will cover religious exemptions from civil rights law, prayer in public schools, school funding decisions, and ways in which rhetoric about religious freedom can affect case outcomes. Both of the speakers have...

Regulating Short-Term Rentals Where we’ve been and where we can go. This presentation will discuss lessons learned and recent trends related to regulating short-term rentals (STRs). This includes the application of the dormant commerce clause, due process, equal protection, and takings provisions of the Constitution; and the role of zoning tools, regulating platforms, and business regulations in improving compliance. Lastly, this presentation will consider what success looks like. Speaker: Patricia "Trish" Link & Ashley J. Becnel

Supreme Court Review for Local Governments: 2022-2023 Term This is NOT an IMLA webinar and CLE will not be offered by IMLA. Hosted by the Local Government Legal Center (LGLC), join legal experts in a discussion of the Supreme Court’s important decisions of the term impacting local governments. The Supreme Court will rule on several monumental cases this term, including on issues related to: Whether the First Amendment allows for exceptions to anti- discrimination ordinances, The Independent State Legislature Theory,...

Trends in Local and Federal Historic Preservation Law This seminar will delve into municipalities’ powers to regulate and protect historic properties.  Highlighting new research covering the 11% of municipalities with local preservation ordinances, the seminar will outline the scope of this expanding regulatory sphere.  Then the presenters will explain how municipalities may become federally-recognized "certified local governments” and play a role in federal historic preservation review processes, with a focus on Section 106 of the National Historic Preservation Act.  Finally,...