IMLA

Ethics Webinar
2022-12-15 13:00 - 14:00 (America/New_York)
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 to the extent time allows. The program anticipates that lawyers attending the program will have a better appreciation of how the Ruled of Professional Conduct apply in various situations that can regularly arise in the course of representing a local government client, how best to address their conduct in responding to those situations and what their duties and responsibilities are to the court and the bar.
Speaker: Charles W. Thompson, Jr.

Construction Webinar - Free Live For IMLA Members
2022-12-21 13:00 - 14:00
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 to structure procurements and contract documents that protect owners. This program will teach these mechanics through comparative instruction and reference to modified low-bid documents. As always, our popular “traps for the unwary” will be covered.
Speaker: Steven Torres

Personnel Webinar
2023-01-10 13:00 - 14:00
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 well as the legal ramifications for municipal employers. Whether long COVID is a disability and the right of COVID-19 long haulers to reasonable accommodations, including telework, under the Americans with Disabilities Act will be discussed.
Jonathan also will discuss the new composition of the EEOC and its initiatives in the areas of artificial intelligence, caregiver discrimination and LGBT rights. Special attention will be given to the Commission’s focus on mental health and substance abuse disorders and the ADA protections for employees who are taking prescription medication to address addiction.
Speaker: Jonathan Mook & Robin Cross

Construction Webinar
2023-01-12 13:00 - 14:00
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 to: (1) Describe reasons, expectations and results of increased use of Alternative Project Delivery; (2) Compare the Design-Build and CM@Risk methods based on the following: Advantages and disadvantages, Best Practices, How the Spearin Doctrine applies, and Potential areas of dispute; and (3) Explain unique dispute resolution aspects of Alternative Project Delivery.
Speaker: Bryan Payne & Lisa Jones

Code Enforcement Webinar
2023-01-24 13:00 - 14:00
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

Homelessness Webinar
2023-01-26 13:00 - 14:00
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 communities of all sizes can utilize will be presented as well.
Speaker: Marc Smith

Diversity Webinar
2023-02-02 13:00 - 14:00
Inclusive Language: An Ethical Guide
This presentation will cover language issues in legal writing pertaining to racial and ethnic terms, gender identity, and other forms of diversity. Attendees will participate in interactive activities designed to leave them better equipped to provide competent representation (Rule 1.1) and manage client communications (Rule 1.4) without disturbing the decorum of the tribunal (Rule 3.5). Presenters have created an Inclusive Language Guide for Legal Writing that will be available to all attendees.
Speaker: Zach Strassburger & Meghan Byrnes

Affordable Housing Webinar
2023-02-07 13:00 - 14:00
Creating Affordable Housing: Madison’s Experience
Creating affordable housing is a major challenge for municipalities everywhere. In addition to the politics, financing affordable housing deals requires combinations of lending programs and creative solutions to fill financing gaps. This presentation will discuss the problems in creating and financing affordable housing for families and students, and methods the City of Madison, Wisconsin has been using to solve these issues including tax incremental financing, the creation of an affordable housing fund, and permitting density in exchange for affordability.
Speaker: Kevin Ramakrishna

Personnel Webinar
2023-02-09 13:00 - 14:00
Everything, Everywhere, All at Once – Employment Law Overview
This presentation captures the essential elements of municipal employment law – without getting tangled up during the process. It will provide some road maps and guideposts to help navigate through the maze of federal and state statutory employment requirements along with discussion of some common issues that arise in public sector employment. Additional topics may be discussed.
Speaker: Roberta “Robin” Cross

Telecommunications Webinar
2023-02-21 13:00 - 15:00
Cell Tower Lease Rates and Sales
In the world of telecommunications law, one question rises to the top of the list: What is the going rent for a cell tower lease? This program will address that question, with industry statistics, which should be helpful for the thousands of landlords whose leases come up for renewal each year.
The program will also provide municipalities (and all property owners) with the basics of leasing land for a cell tower (or space on a building roof or other structure) for cell antennas, including why 5G has little impact. It is presented by two attorneys with decades of experience representing municipalities and other property owners on cell leases.
In general, the program covers key business issues in cell site leases, including lease rates, who gets the revenues from additional antennas or carriers being co-located at a site, and the major rent increases possible at renewals. It then shifts to avoiding lease terms which can prevent a landlord’s use or development of the property with the lease, and adding lease terms which help preserve these rights.
After covering some more conventional lease terms the program addresses the sale of cell leases and future leasing rights. This includes typical sale prices (often around 19 to 20 times annual revenues); when to sell and when it is not advisable to sell; how to get the best price and terms in a sale; and again avoiding provisions that restrict the development or use of the property. On both cell leases and the sale of leases the program addresses key items that are unique to municipalities. More generally, the program covers such topics as lease term and terminations, access requirements, radio frequency interference, design and camouflage, and radio frequency emissions safety.
Speaker: John Pestle & Jonathan Kramer

Preemption Webinar - Free Live For IMLA Members
2023-03-02 13:00 - 14:00
Curricular Preemption
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This session examines state preemption of local school boards with regard to the content of curricula and educational materials. Divisive concepts in schools have been raised targeting the 1619 Project (a New York Times Magazine series reframing American history in the context of slavery and structural racism) and Critical Race Theory. This curricular preemption swept the nation and now the strategy has been expanded to preempt discussion of LGBTQ+ issues as well. This session will examine the trend of curricular preemption, from its origins to current iterations.
Speaker: Steven Nelson, Corinne Green & Marissa Roy

Telecommunications Webinar
2023-03-23 13:00 - 14:00
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 fund to be used anywhere needed, the use of PEG fees is limited. Although trying to fit PEG fees into a local government’s budget may be challenging at times, Federal Communications Commission orders and court cases provide guidance on the purposes for which local governments may and may not use PEG fees. This presentation will also cover a series of PEG “FAQs” to assist municipal lawyers in advising local government clients, relative to the limited purposes for the use of PEG fees.
Speaker: David Johnson

Animal Law Webinar
2023-05-23 13:00 - 14:00
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

Mental Health Webinar
2023-05-25 13:00 - 14:00
“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 The Lawyer Well-Being Toolkit for Lawyers and Law Firms.
Speaker: Noreen Braman & Paula Garra Sawyer

Construction Webinar
2023-06-01 13:00 - 14:00
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 & Charles Montgomery

Finance Webinar
2023-06-20 13:00 - 14:00
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 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

Preemption Webinar - Free Live For IMLA Members
2023-06-22 13:00 - 14:00
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 often came to a head during the COVID-19 pandemic as local governments sought to impose eviction moratoriums and extend other support to burdened renters. The sunset of these provisions during a time of high inflation and projected recession has demonstrated the need for continued local government leadership on equitable housing policies, and even where state preemption exists. Local governments may still be able advance housing equity despite preemption and there are ways that municipal attorneys can help local leaders navigate this complex landscape.
Speaker: Nestor Davidson, Berbeth Foster & Marissa Roy

Religion Webinar
2023-06-27 13:00 - 14:00
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 substantial expertise working with (and representing) local governments, and will aim to provide useful guidance to lawyers seeking to navigate the Supreme Court’s rapid transformation of the First Amendment
Speaker: Joshua Matz & Richard Schragger

Code Enforcement Webinar
2023-06-29 13:00 - 14:00
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

Local Government Legal Center Supreme Court Review Webinar - This is not an IMLA Webinar
2023-07-11 13:00 - 14:00
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,
A new test for Waters of the United States,
An important Title VII / employment law case,
And more.

The LGLC is a coalition of national local government organizations formed in 2023 by the National Association of Counties (NACo), National League of Cities (NLC) and International Municipal Lawyers Association (IMLA) to provide education to local governments regarding the Supreme Court and its impact on local governments and local officials and to advocate for local government positions at the Supreme Court in appropriate cases. Learn more.
Speakers: Aileen McGrath & John Korzen
Moderator: Erich Eiselt, IMLA’s Assistant General Counsel

Historic Preservation Webinar
2023-07-20 13:00 - 14:00
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, they will discuss recent federal guidance influencing local policymaking.
Speaker: Sara Bronin & Kelly Fanizzo

Legal Writing Webinar
2023-08-01 13:00 - 14:00
The Optimal Amount of Advocacy
Figuring out the optimal level of advocacy can be tricky, especially when you write. You don’t want to oversell your case. But you don’t want to undersell it either. This workshop will give you a number of tips and techniques you can use to find your own sweet spot of persuasion.
Speaker: Patrick Barry

Mental Health Webinar - Free Live For IMLA Members
2023-08-03 13:00 - 14:00
Mental Health: Maintaining Wellbeing While Negotiating Conflicting Interests
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
How do municipal lawyers manage their mental health and maintain their wellbeing, while balancing their responsibilities? This program will discuss the challenges of managing mental wellbeing while maintaining ethical responsibilities in the unique position that many municipal attorneys need to navigate on a daily basis. We will explore practical techniques for setting boundaries without compromising career growth, mindfulness practices to reduce stress, enhancing decision-making and communication for improved inclusion, and leveraging benefits to enhance overall wellbeing.
Speaker: Diane O’Connell

Police Webinar - Free Live For IMLA Members
2023-08-08 13:00 - 14:00
Why Didn’t They Just Shoot The Gun Out of His Hand? Defending Police Uses of Force in The Era of BWC & Cell Phone Videos
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
In popular culture, fictionalized versions of police encounters often depict officers flawlessly shooting a gun out of a suspect’s hand. However, it is crucial to address the unrealistic nature of such scenarios in real-life law enforcement. This webinar aims to shed light on key topics, including the impact of life-and-death situational stress, the training officers receive, and the limitations of video evidence captured by body-worn cameras (BWC) and cell phones. By understanding these critical aspects, municipal attorneys can effectively convey accurate and informed messages to jurors, judges, insurance adjusters, and the general public.
Speaker: Beth Mohr

Animal Law Webinar - Free Live For IMLA Members
2023-08-15 13:00 - 14:00
Best Practices for City Ordinances Related to Animals
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The presentation will provide sound and up-to-date guidance on ensuring that animal-related ordinances are in line with current case law. The presentation will assist cities and counties in preparing their respective animal-related ordinances before legal action occurs. The presentation will provide basic ordinance guidelines and tips, as well as more specific guidance on ordinances related to dangerous dog determinations, aggressive animals, ownership, leash laws, and tethering. Several of the examples in the presentation will be related to Texas, however the presentation generally applies across all jurisdictions, based upon specific case law respective to each.
Speaker: Robyn Katz

Code Enforcement Webinar
2023-08-17 13:00 - 14:00
Creating More Livable Communities with Form-Based Codes
Understanding form-based codes is important for lawyers involved in land development as they offer a tool for achieving urban planning goals and creating more livable communities. This presentation will discuss the use of form-based codes in regulating land development to achieve a specific urban form. The webinar will also discuss how these codes prioritize physical form over land use, promoting predictable built results and a high-quality public realm through municipal regulations using examples of form-based code such as Miami 21 to illustrate the effectiveness of form-based codes along with other topics to be discussed.
Speaker: Chad Friedman

Employment Law Webinar - Free Live For IMLA Members
2023-08-22 13:00 - 14:00
Proper Classification of Workers – Avoiding Potential Pitfalls in a Tight Labor Market
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
With the ongoing labor shortage, businesses may be tempted to explore alternative worker arrangements, such as engaging independent contractors. This session will cover the complex landscape of worker classification rules at the state, federal, and local levels. Gain valuable insights from recent litigation, specifically examining how these rules are affected during changes in administration.
Speaker: Trina Chernos

Signs and Free Speech Webinar
2023-08-24 13:00 - 14:00
Regulating Signs & Billboards after Austin v. Reagan
In 2022, Austin v. Reagan reaffirmed the ability of your community to regulate on-premises and off-premises signs (billboards), and to regulate commercial speech differently from non-commercial speech. While Austin moderates some of its impact, the 2015 Reed v. Town of Gilbert content neutrality framework remains largely in place. It constrains how communities deal with temporary signs, and continues to require a high degree of rigor in drafting.
This webinar includes a panel of experts who will describe the latest developments and how Austin and subsequent cases affect best practices for city sign regulations. Communities interested in ensuring that they have constitutionally-compliant sign ordinances will want to attend.
Speaker: Susan L. Trevarthen, Mark White & David Hickey

Construction Webinar
2023-08-29 13:00 - 14:00
Alternative Project Delivery in Public Construction: Dissecting the Construction Manager at Risk (CMAR) Contract and Best Practices
This program will introduce municipal counsel to key differences in procurement, contract drafting, contract and claims administration and liability for Construction Manager at Risk (CMAR) delivery. CMAR contracts are emerging on the municipal construction landscape as valuable tools in the public owner’s toolbelt. As public owners turn to these project delivery models, municipal officials will turn to municipal counsel for answers. Learn both the subtle and gaping differences in the procurement and contract models, since this is not your grandparent’s low bid procurement. Program participants will learn effective two-step procurements for CMAR, best-value procurement and how to protect your municipality with tried and tested revisions to standard form industry contracts. The program wraps up with our signature “Traps for the Unwary.
Speaker: Steven “Tip” Torres

Environment Webinar - Free Live For IMLA Members
2023-09-05 13:00 - 14:00
Municipalities and the Environment: New challenges and opportunities
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Join experienced environmental law practitioner Rich Glaze in this webinar as he explores new challenges and opportunities for municipalities in environmental regulation, including compliance under the Biden administration, EPA Brownfield Grants, and current legal issues surrounding PFAS and emerging contaminants in areas such as airports, wastewater treatment, and drinking water. Rich’s extensive experience in defending companies, municipalities, and individuals in environmental law matters makes this webinar a valuable resource for attorneys that practice municipal law.
Speaker: Rich Glaze
