IMLA

Personnel Webinar
2018-08-07 13:00 - 14:00 (America/New_York)
Personnel
Impact of Janus on Local Governments
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The United States Supreme Court has recently overturned years of precedent and ruled that a public-sector employer could not deduct an agency fee, or any other form of payment, to a public-sector union from an employee’s pay unless the employee affirmatively consented to the payment. Public agencies will feel an immediate impact by the Janus v. American Federation of State, County, and Municipal Employees decision in terms of how they collect fees — and potentially how they communicate about such to their employees. Join this webinar to learn more about how your local government clients will be affected by this recent decision.

Speaker: Roger Crawford
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First Amendment Webinar
2018-08-14 13:00 - 14:00
First Amendment
First Amendment Limitation on a Government’s Ability to Regulate Demonstrations
This presentation provides practitioners with a better understanding of a government’s ability to regulate demonstrations within the limitations imposed by the First Amendment.

Speaker: Tom Carr
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Intellectual Property Webinar
2018-08-21 13:00 - 14:00
Intellectual Property
IP Issues for Local Governments
This webinar will provide: (i) an overview of copyrights, trademarks, rights of publicity and privacy and defamation, and how these areas relate to municipalities; (ii) methods for protecting a city’s intellectual property through copyright and trademark law and related concepts; and (iii) special considerations associated with online activities and social media.

Speaker: Robert A. Monath
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Health & Environment; Public Works; Land Use Webinar
2018-08-23 13:00 - 14:00
Health & Environment; Public Works; Land Use
Resiliency Planning
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This presentation will discuss how different cities are thinking about future trends in zoning and planning, disaster recovery issues, and creating resilient infrastructure.

Speaker: Mary Beth Coburn
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Code Enforcement Webinar
2018-08-28 13:00 - 14:00
Code Enforcement
Best Practices in Civil Code Enforcement
This presentation will focus on offering some practical tips and insight for city attorneys in handling civil lawsuits against code enforcement violators.

Speakers: Savita Rai, Shannon O’Connor & Janet Spugnardi
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Police Webinar
2018-08-30 13:00 - 14:00
Police
Officer-Involved Shootings
Presentation will cover the use of experts in light of San Francisco County v. Sheehan, White v. Pauly, Plumhoff v. Rickard, and Mullenix v. Luna.

Speaker: Jack Ryan
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Telecommunications Webinar
2018-09-05 13:00 - 14:30
Telecommunications Cell Tower Leasing for Cities**90 Minutes**
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
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Health and Environment Webinar
2018-09-20 13:00 - 14:00
Health and Environment
When the Sheriff Arrives: Effective Municipal Defense of Private “Citizen Suits” under Federal Environmental Statutes (Clean Water and Clear Air Actions)
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The changing regulatory, enforcement and permitting standards surrounding the EPA and “Delegated States” implementation of the Clean Water and Clean Air Acts [“Acts”] have repercussions for municipal practitioners. If regulatory parameters and enforcement are curtailed through administrative policy or decision making, the result may be a plethora of new or revival of existing private “citizen” suits allowed under these Acts. This program will introduce municipal practitioners to the private enforcement provisions of these acts and the subject matter jurisdiction courts have to maintain suits. The procedures, requirements and essential elements for successful and sustainable citizen suits will be discussed. The procedural requirements of the Acts and “traps for the unwary” will be outlined. Essential affirmative defenses, litigation strategies and case assessment will be taught using real suits.Program takeaways:1. Participants will understand the subject matter jurisdiction of the courts and administrative agencies under the citizen suit provisions of the Acts.2. Participants will understand procedural and substantive prerequisites for citizen suits, and how to use Plaintiff missteps in compliance with the Acts detailed requirements to sustain dispositive motion practice.3. Participants will learn the most effective defenses to proffer in response to a citizen suit.4. Participants will learn how to develop case valuation and assessment in response to these complex actions.

Speakers: Steven “Tip” Torres & Jillian Jagling
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Personnel Webinar
2018-09-26 13:00 - 14:00
Personnel
Public Pensions
Speaker will provide updates on pension reform efforts around the country with particular emphasis on “hot spots” Illinois and Kentucky.

Speaker: Steve Goodin
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Land Use Webinar
2018-09-27 13:00 - 14:00
Land Use Land Use 101
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Description forthcoming.

Speaker: Susan Trevarthen
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Telecommunications Webinar
2018-10-02 13:00 - 14:30
Telecommunications
New FCC Small Cell Zoning Rules**90 Minutes** **Date subject to change depending on new FCC rule issuance on small cells in the rights of way and zoning**
The FCC will soon be issuing orders regarding “small” cell towers and towers in the rights of way, and to some extent cell tower zoning generally. Municipal rights and authority are expected to significantly affected. The program will provide a summary of the orders with suggestions on how to proceed from John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys.
Among the items the FCC has under consideration are:– All shot clocks 60 days– Deemed granted remedy for exceeding 60 days– Moratoria prohibited– Consideration of alternative sites limited – Limiting aesthetic conditioning or denials– Utility undergrounding laws preempted– Few, low or no fees to use rights of way, public property – “Clarification” of the FCC’s 2014 Wireless Siting Order on modifications to existing cell sites.
Handouts will include PowerPoints and copies of the relevant FCC orders. 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.
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Personnel Webinar
2018-10-04 13:00 - 14:00
PersonnelWorkplace Investigations
In light of highly publicized sexual harassment allegations and the seemingly endless news coverage of high-profile cases, workplace investigations are under increasing scrutiny. While an effective workplace investigation can help protect an organization from liability, a weak investigation can increase legal exposure and reputational damage. This webinar will highlight the key challenges employers face when responding to misconduct complaints and provide in-house counsel with practical guidance on how to effectively oversee the investigative process.
Speakers: Daphne Anneet & Robin Cross
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Personnel Webinar
2018-11-01 00:00
Personnel
Mediation
Description forthcoming.

Speakers: Carla Cotropia & Robin Cross

Land Use Webinar
2018-11-07 13:00 - 14:00
Land UseForm-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 Kohl & Susan Trevarthen

Land Use Webinar
2018-12-04 13:00 - 14:00
Land Use
Exactions
Speaker will provide the economic theory of exactions (differentiating between mitigating negative externalities such as road widening and rewarding positive externalities such as property tax abatement as a form of “reverse” exactions), introduce the concepts of “planning harm” (a new term but one which leads to exactions as a way to reduce/prevent harm from planning decisions) and “planning gain” (such as when new development uses its value added to pay for infrastructure and when a new development agrees to share profits with local government). But most of the conversation will address mitigation-driven exactions:
Classes/Types of exactionsMonetary including fees or in-kindDesignEnvironmentalSocialCultural/historical
Exaction Processes/ProceduresDifferentiating between mandatory and proffer contextsNegotiationPerformance based

Speakers: Dan Mandelker & Aurthur C. Nelson

Personnel Webinar
2018-12-06 13:00 - 14:00
Personnel
Smoke Gets in Your Eyes: Drug Testing Limitations and Issues
One of the unique aspects of representing a municipality is the application of the Fourth Amendment to virtually all of the municipality’s actions. This webinar will explore how the Fourth Amendment limits municipal pre-employment/post-offer, random, and post-accident drug testing.
The presenters will cover drug testing in the DOT and non-DOT contexts and will provide relevant case law and useful practice tips to help you create or evaluate a drug testing policy that can withstand constitutional challenge. They will also discuss current testing issues with emphasis on marijuana testing methods and reliability.

Speakers: Robin Cross & Lindsay Rose

Land Use Webinar
2018-12-12 13:00 - 14:00
Land Use
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.

Speaker: Alan C. Weinstein

Litigation Webinar
2018-12-13 13:00 - 14:00
Litigation
Evidentiary Issues
This presentation will address written discovery with an eye towards summary judgment and other practical practice tips.
Topics covered: • Definitions/Categories of Liability• Motion to Dismiss• Written Discovery• Misc. Practice tips

Speaker: Patricia Donkor

Land Use Webinar
2018-12-20 13:00
December 20 – Land Use
WOTUS 2.0: Implications of this week’s Trump Administration proposal to revise the definition of the term “waters of the United States” for the purposes of the Clean Water Act.
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
$99.00 for Non-IMLA Members
On December 11, 2018, the EPA and the Army Corps of Engineers issued a proposed rule revising the definition of the term “waters of the United States” as it is used in the federal Clean Water Act. The proposed rule is the second time in the last 4 years, and 7th time since the Act was adopted that the federal government has revised the definition. Each iteration of the definition has had different implications for municipalities – both to the infrastructure that municipalities own and operate, and the property and interests of the residents. The latest proposal continues that trend with a very clear roll back of the 2015 rule. During the webinar we will discuss how the most recent is likely to impact municipalities and its likely path forward in light of existing litigation over the 2015 rule.
Speaker: Andre Monette & Lowry Crook
Click here to view the speaker’s bios.
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Telecommunications Webinar
2019-01-07 13:00 - 15:00
January 7 – Telecommunications
New FCC Small Cell Zoning Rules Recap
*120 Minutes*
*FREE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The FCC will soon be issuing orders regarding “small” cell towers and towers in the rights of way, and to some extent cell tower zoning generally. Municipal rights and authority are expected to significantly affected. The program will provide a summary of the orders with suggestions on how to proceed from John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys.
Among the items the FCC has under consideration are:

All shot clocks 60 days
Deemed granted remedy for exceeding 60 days
Moratoria prohibited
Consideration of alternative sites limited
Limiting aesthetic conditioning or denials
Utility undergrounding laws preempted
Few, low or no fees to use rights of way, public property
“Clarification” of the FCC’s 2014 Wireless Siting Order on modifications to existing cell sites.

Handouts will include PowerPoints and copies of the relevant FCC orders. A lively and interactive Question and Answer session will follow the presentation. Contents of presentation are subject to change.
Speakers: John Pestle & Jonathan Kramer
Click here to register.

Personnel Webinar
2019-01-10 13:00 - 14:00
January 10 – Personnel
Disaster Planning
This presentation will discuss the personnel aspects of disaster planning and the aftermath of human-caused disasters. This will include a discussion of employee training, response by emergency personnel and other city staff members, providing assistance to the victims of the disaster, and addressing post-disaster human resources and legal issues.
Speakers: Marc Zafferano & Robin Cross
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Health & Environment Webinar
2019-01-11 13:00 - 14:00
March 11 – Health & Environment
PFAS Update
PFAS have been discovered in dozens of drinking waters supplies throughout the country resulting in multimillion-dollar clean-up projects or construction of drinking water filtration systems. The PFAS contamination is often linked to a manufacturing facility that stored, used or disposed PFAS-containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFAS.
In response to the growing awareness of this contamination and the public outcry over health effects associated with PFAS, EPA recently released its first long-term health advisory guidelines for PFOA and PFOS, and states are increasingly beginning to establish their own drinking water standards for these and other PFAS chemicals that are often lower than the federal guidelines.
The widespread contamination of public drinking water supplies with PFAS has resulted in the filing of dozens of lawsuits against the manufacturers and/or users of PFAS by public water suppliers and individuals. These cases seek to hold PFAS manufacturers and others responsible for treatment costs and other damages. Many of these cases that involve PFAS contamination attributable to certain fire-fighting foams have recently been consolidated in a Multi-District Litigation (“MDL”) proceeding in federal court in South Carolina.
This webinar will provide an update to an April 2017 IMLA webinar on this issue and will discuss the extent of PFAS contamination, the evolving regulatory landscape; scientific issues relating to treatment, cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFAS, and how the new MDL may impact new cases.
Speaker: Robert Bilott, Richard Head & Kevin J. Madonna

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Transportation Webinar
2019-02-05 13:00 - 14:30
February 5 – Transportation
Regulation of Dockless Scooters and Bikes
*90 Minutes*
Local governments across the country are experiencing the increased integration of new technology platforms into their transportation systems. One area where this growth is moving at a fast pace is the deployment of dockless micromobility, such as bikes, including electric assist, and electric scooters. While dockless micromobility offers great opportunities to reduce congestion and help local governments meet goals around reduction in greenhouse gas emissions, these new technologies are challenging to regulate since they often do not fit neatly into existing ordinances and laws. The goal of this webinar is to provide local governments with the tools they need to regulate in this space.
Speaker: Greg Rodriguez

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Ethics Webinar
2019-02-07 13:00 - 14:00
February 7 – Ethics
Litigation Ethics, Civility & Dealing with Pro Se Litigants
What happens if an opposing lawyer is being extremely difficult and acting badly? 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

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Police Webinar
2019-02-12 13:00 - 14:00
February 12 – Police
Bodyworn Cameras at Trial
With the rise in use of body worn cameras by police officers has come the increase in use of this footage at trial. This webinar discusses the issues that may arise at trial when dealing with body worn cameras, how to navigate those issues, and potential evidentiary problems for municipalities.
Speaker: Jack Ryan

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Personnel Webinar
2019-02-19 13:00 - 14:00
February 19 – Personnel
HIPAA and the Workplace
Although HIPAA’s effects on medical requirements are widely understood, we often do not think of the privacy implications of HIPAA, particularly when it comes to the workplace and local governments. This webinar explores HIPAA’s privacy provisions as it applies to local governments and their employees as well as security and HITECH rules for cities. PHI in fire and police departments as well as HIPAA business associate agreements and best practices will be discussed. Additional points of discussion may be added at a later date.
Speakers: Robin Cross & Jeffery P. Drummond

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Waste Webinar
2019-04-08 13:00 - 14:30
April 8
Waste Collection
*90 Minutes*
How does your municipal waste contracting program measure up? Fitness and performance aren’t just measures of personal achievement. They apply as well to critical local government programs where stamina and responsiveness are essential for reliable, competent service.
Targeted to attorneys with limited experience, this session will focus on best practices to safeguard local interests when procuring waste collection services from private companies.
Speaker: Barry Shanoff
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Telecommunications Webinar
2019-04-17 13:00 - 14:00
April 17 – Telecommunications
Selling Your Cell Lease
Once your local government leases property for a cell tower or cell antenna, 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 Dr. 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, (3) the significant legal issues, business issues and potential pitfalls involved in selling the lease, and (4) some of 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

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Land Use Webinar
2019-04-23 13:00 - 14:00
April 23 – Land Use
Marijuana Business Zoning and Licensing
In this webinar I will first discuss the differing regulatory regimes for marijuana at the federal, state, and local levels, highlighting the issues and concerns that arise from conflicts between differing regulations among these levels of government. This part of the webinar will focus on: (1) how states are able to make marijuana legal when it is illegal under federal law and (2) how states do — or do not — accommodate local preferences for regulation of marijuana on states where marijuana is legal.
Second, I will discuss the legal issues local governments face in states where marijuana has been legalized in some form. In these states, local governments must comply with state law as regards their regulation – or prohibition — of marijuana businesses. These choices can address any of the following, depending on state law: (1) accepting, reviewing and processing applications, renewals and transfers; (2) issuing and renewing business permits and licenses;; (3) deciding on zoning approvals for marijuana production facilities, retail stores and other establishments; (4) tracking multiple department inspections of new licenses or changes, as well as annual inspections; (5) managing building permits for construction of new establishments; (6) conducting code enforcement investigations, hearings and other enforcement activities; (7) collecting fees for permits or licenses; (8) collecting business taxes; (9) managing activities that are subject to environmental, health or safety regulations, such as regulating establishments that produce edible products infused with marijuana; and (10) sending required reports to the state. This part of the webinar presents an overview of these issues and discusses the differing regulatory approaches and experience of representative cities.
Speaker: Alan Weinstein

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Personnel Webinar
2019-05-02 13:00 - 14:00
May 2 – Personnel
Employee Speech vs. Employer Discipline: Government Employers and the First Amendment
The First Amendment often presents challenges for local governments, and the realm of employee speech is no different. This webinar aims to inform participants of any case law updates when it comes to the First Amendment’s freedom of speech clause in the employment context, with a specific focus on government employees. Additional talking points are subject to be added to this webinar.
Speaker: Barry Uhrman

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