IMLA

Personnel Webinar
2019-05-02 13:00 - 14:00 (America/New_York)
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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Section 1983 Webinar
2019-08-08 13:00 - 14:00
August 8 – Section 1983
Tips For Successfully Litigating Qualified Immunity
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This presentation will discuss tips for preparing the strongest possible motion for summary judgment on qualified immunity, with a focus on showing the absence of clearly established law, dealing with evidentiary issues, minimizing the significance of factual disputes and preservation of issues for further review.
Speaker: Timothy Coates

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Land Use Webinar
2019-08-21 13:00 - 14:00
August 21 – Land Use
Real Estate Manuals
This presentation will discuss the benefits of adopting a uniform manual to guide municipal officials and staff in processing and approving land transactions. Discussion topics include types of public property; applicable law; acquisitions, disposition, leases, licenses, and permits; funding sources; relocation issues; approval authority; public process options; and drafting considerations.
Speaker: Wynetta Massey

Land Use Webinar
2019-08-22 13:00 - 14:00
August 22 – Land Use
Update: Drafting Land Use Ordinances
You’ll learn about:

Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.
Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.
Writing in plain English; avoiding legalese and plannerese. Remember your audience.

On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.
Little time in a planner’s education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.
The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.
Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.
Speakers: David Silverman & Kim Mickelson

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Qualified Immunity Webinar
2019-08-27 13:00 - 14:00
August 27 – Qualified Immunity
SLLC Presents: SCOTUS: Attack on Qualified Immunity
There have been many qualified immunity cases at the U.S. Supreme Court. This presentation covers recent U.S. Supreme Court decisions regarding qualified immunity as it applies to municipalities. Some topics may be added or removed from this presentation.
Speaker: Lisa Soronen

Section 1983 Webinar
2019-08-28 13:00 - 14:00
August 28 – Section 1983
Opening/Summation in a Federal Civil Rights Use of Deadly Force Case
An opening and summation from a recently tried Federal Civil Rights case involving a police fatal shooting will serve as the backdrop for this one hour presentation exploring practice tips for trying these types of civil cases.
Speaker: Patricia Miller

Personnel Webinar
2019-08-29 13:00
August 29 – Personnel
Training Staff to Handle First Amendment Auditors
Ease of access to cellphone cameras and video have made it easier for citizen videographers such as First Amendment Auditors to record. This trend in “First Amendment Auditing” often takes place in and around city halls, council chambers, and other public meetings. Due to the rise of these efforts, it is important to properly train staff on how to handle encounters with such groups. This webinar offers tips and recommendations for training staff to handle these difficult situations while still comporting with relevant areas of law.
Speakers: Paul Martin & Robin Cross

Section 1983 Webinar
2019-10-08 13:00 - 14:00
October 8 – Section 1983
ADA Claims Against Correctional Officers
The increase in handling situations involving people with physical and mental disabilities has become a growing challenge for law enforcement. This presentation will address ADA claims against law enforcement in the context of correctional facilities. It will also discuss a recent case involving a mentally ill inmate who died in custody and the resulting Section 1983 claims that were brought against the nurses and the City for the inmate’s death. Tips on litigating these claims will also be provided. Some topics may be added or removed from this presentation.
Speaker: Valorri Jones

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Section 1983 Webinar
2019-10-14 13:00 - 14:00
October 14 – Section 1983
Trial Practice Tips
The presentation will provide practical tips for Section 1983 trials including: final pretrial order, conference, jury selection, client witness preparation, punitive damages and pleading the Fifth; the significance of, and how to successfully develop a theme for your case that will connect with your jury; the need to specialize your trial team; devising jury instructions and verdict sheets; and motions practice within the trial. Some topics may be added or removed from this presentation.
Speakers: Neil Duke & Steven Borkan

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Section 1983 Webinar
2019-10-16 13:00 - 14:00
October 16 – Section 1983
Defense Strategies for Litigating Section 1983 Municipal Liability Claims
Considering the wide scope of a Section 1983 municipal liability claim (“Monell Claims”) counsel can quickly find themselves overwhelmed in their efforts to defend these cases. This training session will cover strategies and nuts and bolts tips for dealing with a Monell case in an efficient and winning manner. Areas of discussion will include motions practice, bifurcation, discovery and trial strategy. Some topics may be added or removed from this presentation.
Speakers: Robert DeBerardinis & Kerslynd Featherstone

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Section 1983 Webinar
2019-10-17 13:00 - 14:00
October 17 – Section 1983
Navigating Discovery in Section 1983 Police Misconduct Cases
This presentation will focus on the following issues that arise in discovery in the context of alleged police misconduct: 1) the difference between discovery directed towards the officers themselves and discovery directed towards the municipality (and how to deal with those differences); 2) how to prepare an officer for a deposition (shifting their mindset from criminal to civil); and 3) how to conduct discovery with an eye towards summary judgment and the possibility of trial.
Speakers: Erika Reis & Nicole O’Connor

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Preemption Webinar
2019-10-23 13:00 - 14:00
October 23 – Preemption
Confederate Statues and State Preemption Statutes
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This webinar will discuss the rise of the use of state “statue statutes” to prevent local governments form removing Confederate statuary, with implications for municipal attorneys across the country. The debate over Confederate iconography has been hugely divisive and in some cases has led to violence, as in Charlottesville in August 2017. These controversies have also led to litigation over the ability for local governments to remove Confederate statues. The webinar will examine the history of Confederate monument building, the nature of the laws that restrict their removal, and the types of legal challenges that have been brought both by parties seeking the removal of statues and those contesting those removals. As the debate over the legacy of the Confederacy, its leaders, and its admirers intensifies, and with white supremacist rhetoric and violence once again becoming commonplace, disagreements over the future of Confederate monuments in public spaces are only going to become more frequent, testing the nature of local power and the role of local officials, as is increasing happening with preemption conflicts in many states.
Speaker: Richard Schragger
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Telecommunications Webinar
2019-10-24 13:00 - 14:00
October 24 – Telecommunications
Managing Small Cells in Your Right of Way
Description forthcoming.
Speakers: Al Catalano & Wes Wright

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Law Enforcement Webinar
2019-10-29 13:00 - 14:00
October 29 – Law Enforcement
Police Interactions with the Mentally Ill
This presentation will focus on the emerging trend of plaintiffs pleading Monell claims based on the theory that a police department fails to train officers how to adequately respond to mentally ill individuals in a variety of settings. Courts appear to be breaking with prior patterns and finding such allegations sufficient to state a claim for municipal liability at the pleading stage. This presenter will discuss these trends and how to defend against them. Additionally, hear from the City of Austin’s Assistant Chief of Police on policy considerations, police operations, and training for officers regarding police interactions with the mentally ill.
Speakers: Melanie Speight & Justin Newsom

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Municipal Finanace Webinar
2019-11-05 13:00 - 14:00
November 5 – Municipal Finance
Complying with the New Disclosure Mandates of SEC Rule 15c2-12
*90 Minutes*
The goal of this webinar is to educate attendees on the Securities and Exchange Commission’s new disclosure mandates under Rule 15c2-12. This webinar will cover what the new disclosure mandates are, what they require, and how they will impact local issuers. Speakers will also discuss how local issuers can implement compliance with the new mandates, policies and procedures that may help, the role of bond counsel, compliance issues local governments have experienced, and how to make disclosures on the MSRB’s EMMA platform.
Speakers: Ben Watkins, John McNally, Rebecca Olsen, David Hodapp & Robert Doty
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Telecommunications Webinar
2019-11-06 13:00 - 15:00
November 6 – Telecommunications
FCC 5G Order on Small Cell Antennas in Streets and on City Lands
*120 Minutes*
This program covers the FCC 5G Order that took effect this year to speed the rollout of 5G cell service. The Order significantly affects small cell antennas in the streets and rights of way, leases for cell towers on municipal property generally, shot clocks, and the fees that can be charged for cell tower zoning and permitting. The Order covers all cell sites nationwide (not just 5G) by preempting state and local laws and practices which the FCC views as hindering cellular deployment.
The webinar will cover the Order, the current, fully briefed 9th Cirucuit court challenge to the Order – – and practical advice on what municipalities should do in response. In addition, we will describe 5G service, its’ pro’s and con’s, and why it will not be widely available soon – – with pictures of various 5G installations.
Briefly, under the Order:

All government approvals required for a small cell site in the streets must be granted within the applicable shot clock (60 days or 90 days).
The 90 day shot clock applies to new small cells on new and entirely replaced structures in the rights of way. It also applies to colocations of larger antennas on any existing structure.
There is an FCC-determined presumptive cap on the recovery of fees for small cell applications in the right of way, with the cap covering all fees (building permits, curb cut, etc.), not just zoning fees. Generally, there is a $500 safe harbor for an application to cover up to 5 sites and $100 for each additional site. The cap/safe harbor also apply to small cells on municipal property located outside the rights of way, not just to those in the rights of way.
There is a new 60-day shot clock (90 days for new or entirely replaced poles) to act on applications to attach antennas to traffic lights, light poles or utility poles.
Aesthetic requirements for many small cell sites are restricted, and undergrounding is generally sharply limited with some exceptions.

Speakers: John Pestle & Jonathan Kramer
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Contracts Webinar
2019-11-13 13:00 - 14:00
November 13 – Contracts
Introduction to Project Risk Management
Risk Management is not an optional activity; it is essential to successful project management and delivery. Regulators, clients and the general public are increasingly expecting high quality risk management to provide confidence and certainty in the design, delivery and operation of projects across the globe. Join Eric and Richard as they demystify risk management by presenting the following topics:

What is risk management and why do I need it?
What effective risk management looks like.
What happens at a risk workshop.
Understanding the outputs of a risk assessment.
Using risk to inform project contingency.

This presentation is aimed at construction professionals who have little or no experience in project risk management. We will use some specific cases studies where Arcadis has applied risk management best practice.
Speakers: Richard Citrine & Eric Schatz
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