IMLA

Land Use Webinar
2018-11-07 13:00 - 14:00 (America/New_York)
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
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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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Telecommunications Webinar
2019-05-13 13:00 - 14:00
May 13 – Telecommunications
FCC Changes to Cable Franchising
2019 finds local governments fighting to preserve their property rights and management authority over use of their rights of way. One example of this struggle can be seen at the FCC where local governments are in a battle to preserve non-financial obligations found in cable franchises negotiated locally or pursuant to state laws. The FCC released a Further Notice of Proposed Rulemaking that, if adopted, would permit a cable operator to reduce its franchise fees in an amount equivalent to what the cable operator values those services and use a cable franchise as the legal justification for deploying non-cable assets in your rights-of-way. Estimated franchise fee range from 30 to 70 percent, depending on the number of cable operators that are in your community.
Speakers: Gerard Lederer, Nancy Werner and Negheen Sanjar

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Transportation Webinar
2019-05-23 13:00 - 14:00
May 23 – Transportation
Lime Presents: Scooter Regulations
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
In this presentation Lime’s counsel will be joined by the City Attorney of San Antonio, Texas to discuss working through sensible scooter regulation and partnership between scooter companies and cities to promote effective, convenient public transportation. Some topics may be added or removed from this presentation.
Speakers: Ashley Scott & Andy Segovia
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Preemption Webinar
2019-05-30 13:00 - 14:00
May 30 – Preemption
Sanctuary Policies
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Since the 1980s, cities have adopted various “sanctuary policies” setting out when and in what circumstances local officials participate in federal immigration enforcement. In recent years, however, these policies have come under unprecedented attack. As the federal government has become more dependent on local participation, federal policies have begun targeting local jurisdictions that withhold their cooperation. At the same time, states are passing laws that outright ban local sanctuary policies, with some going further to mandate local involvement in immigration enforcement efforts directly.
Eight states have adopted anti-sanctuary legislation in the last three years. Anti-sanctuary bills have been introduced in at least eighteen other states. Moreover, because of the extensive power that states have traditionally exercised over their localities, these state laws are broader, more coercive, and more punitive than those that have been pursued at the federal level.
Speaker: Rick Su

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First Amendment Webinar
2019-06-03 13:00 - 14:00
June 3 – First Amendment
Case Law Update: Post Reed
Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015) not only changed the law of sign regulation, but also had ripple effects throughout many First Amendment doctrines affecting local government. This webinar will update attendees on the key developments in sign law, summarize developments in other caselaw affecting local governments, and offer some suggestions for how to approach regulations affecting First Amendment rights in the post-Reed era.
Speaker: Susan Trevarthen

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Stormwater Webinar
2019-06-04 13:00 - 14:00
June 4 – Health & Environment
Stormwater Update
Municipal stormwater management can pose a challenge to municipalities. One of the main concerns is pollution and treating stormwater to avoid the negative effects of such contamination. This presentation aims to discuss updates to stormwater management, the legal issues in this area, and best practices. Some topics may be added or removed from this presentation.
Speaker: Andre Monette

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Telecommunications Webinar
2019-06-06 13:00 - 14:00
June 6 – Telecommunications
Understanding the FCC’s 2014 Order Implementing Section 6409(a)
The webinar covers the FCC’s 2014 Wireless Siting Order that preempts state and local approval for many changes to communications towers and antenna sites. In a new update, it will cover the Order’s relation to and conflicts with the FCC’s September 2018 5G/Small Cell Order intended to aid the installation of thousands of small cell sites in rights of way. The webinar should be of interest to many municipalities, because the Order covers all communications towers, including those for AM, FM, TV and cell towers, among others.
Specifically the webinar will describe the many legal and technical issues under the Wireless Siting Order, including describing the types of “Qualifying Changes” for which zoning approval is pre-empted, BUT the Order’s preservation of (i) safety code compliance, (ii) local zoning approval for camouflaged towers and (iii) zoning approval for towers on municipal property. It will go into detail on the differing rules for different types of “Eligible Facilities” such as small cell sites, antennas on buildings, antennas on highways, and on camouflaged sites. It will describe the Order’s application process, the 60-day shot clock to act on “Qualifying Changes” and the “deemed granted” remedy.
Also covered will be Federalism and Commerce Clause bases for questioning and challenging the Order and its application, such as due to blurring the lines of political accountability by making local governments take the heat for what in fact is Federal action.
Finally, the webinar will include numerous pictures of cell antennas and towers, to give participants a better sense of its practical impact and the types of problems it can create.
Speakers: John Pestle & Jonathan Kramer

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Preemption Webinar
2019-06-11 13:00 - 14:00
June 11 – Preemption
Gerrymandering and Local Governance
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
With the 2020 census approaching, states will soon begin the process of redrawing Congressional and state legislative districts. In many states, this process has become increasingly politicized and has led to gerrymandered districts. Because state legislatures often exercise broad control over cities and counties, gerrymandering has significant implications for local governance. Learn about the legal challenges that have been brought against gerrymandering and other efforts underway to reform the districting process.
Speakers: Paul Diller

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Personnel Webinar
2019-06-27 13:00 - 14:00
June 27 – Personnel
Workplace Investigations
It’s inevitable that employers must investigate one or more of their employees, and a thorough investigation means leaving no stone unturned. Whether it’s for alleged substance abuse, job safety violations, workplace theft, discrimination or harassment, a properly-conducted investigation can be a powerful tool for discovering workplace problems and mitigating or even preventing related liability.
As an employer, it’s important to understand investigation best practices, including interview techniques, proper documentation and reporting, communication dos and don’ts and records retention. At the end of the day, proper investigations protect employers and lay the foundation for the defense of litigation.
Specific topics included:

Investigation best practices
Witness interview techniques
Proper documentation
Safeguarding employee privacy
Related state and federal laws

Speakers: Robin Cross & Audrey Forbush

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Homelessness Webinar
2019-07-08 13:00 - 14:00
July 8 – Homelessness
The Do’s and Don’ts of Homelessness Ordinances and Policy
Homelessness is not a novelty issue for local governments, but surges in addiction have exacerbated the issue. Cities are grappling with managing the various issues homelessness brings. This webinar is aimed to discuss best practices when crafting ordinances and policies addressing homelessness. Some topics may be added or removed from this presentation.
Speakers: Gita O’Neill & Meghan Claiborne

Finance Webinar
2019-07-09 13:00 - 14:00
July 9 – Finance
Municipal Bonds
This presentation will explain the different roles and duties of municipal lawyers, bound counsel, issuer’s counsel, disclosure counsel and registered municipal advisors in public finance transactions. This presentation will also explain municipal bonds generally and touch on navigating through the course of investigation. Some topics may be added or removed from this presentation.
Speakers: Paul Maco & David A. Rogers

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Law Enforcement Webinar
2019-07-10 13:00 - 14:00
July 10 – Law Enforcement
SLLC Presents: Supreme Court Police Cases
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The Supreme Court decided no shortage of police cases this term. Topics covered range from forfeitures to fabrication of evidence to First Amendment retaliatory arrest. Join Lauren Kuley, Squire Patton Boggs, who wrote the SLLC/IMLA amicus brief in a Fourth Amendment impaired driving case and Spencer Driscoll, Sidley Austin, who wrote the SLLC/IMLA amicus brief in a case involving the double jeopardy’s “separate sovereigns” exception in a discussion of the impact of all the police cases on states and local governments.
Speakers: Spencer Driscoll, Lauren Kuley & Lisa Soronen

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Personnel Webinar
2019-07-11 13:00 - 14:00
July 11 – Personnel
ADA – Reasonable Accomodations and Employment
This presentation will discuss ADA requirements in employments. Specifically, it will cover the reasonable accommodation requirements in employment settings using case studies to instruct municipal attorneys how to handle these requests considering the changes in the law. Some topics may be added or removed from this presentation.
Speakers: Jonathan Mook & Robin Cross

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Land Use Webinar
2019-07-16 13:00 - 14:00
July 16 – Land Use
Fair Housing Ordinances and Local Governments
This presentation covers fair housing issues in local governance including different types of grants from HUD and administration of those grants. It will also cover best practices for local fair housing ordinances. Some topics may be added or removed from this presentation.
Speaker: Brian Connolly

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