IMLA

Preemption Webinar
2019-10-23 13:00 - 14:00 (America/New_York)
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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Management Webinar
2019-11-14 13:00 - 14:00
November 14 – Management
Managing Your Municipal Advisory Relationships
*90 Minutes*
The goal of this webinar is to provide practical information on managing municipal advisory relationships. The speakers will discuss the role of the municipal advisor, fiduciary duties, when those duties apply, and the sourcess of fiduciary duties. Speakers will also discuss the differences between solicitor and nonsolicitor advisors, the rights and protections under MSRB Rules G-17, G-20, G-37, G-42, and other municipal advisor regulations. Finally, speakers will discuss the scope of a municipal advisors services, performance, risk assessment, conflicts, and other related issues.
Speakers: Steve Apfelbacher, Lori Raineri, Gail Marshall & Robert Doty
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Telecommunications Webinar
2019-12-03 13:00 - 15:00
December 3 – Telecommunications
Cell Antenna Leases and Sales in the 5G Era
*120 Minutes*
What municipalities need to know about cell tower leases, 5G’s impact, and the sale of cell leases.
This program provides municipalities (and all property owners) with the basics – – A to Z – – of cell tower leases on city property, such as a park, police station or city hall. It covers the impact of 5G service, which will require tens of thousands more cell sites, including describing 5G, why it will be rolled out slowly and why it may have little impact on lease rates or sales prices. It is presented by two attorneys with decades of experience representing municipalities on cell leases. The program starts by covering 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 15 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 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.
Speakers: John Pestle & Jonathan Kramer
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Preemption Webinar
2019-12-04 13:00 - 14:00
December 4 – Preemption
Repealing Preemption
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
As recent reports by the Local Solutions Support Center (LSSC) and the National Employment Law Project (NELP) have highlighted, state legislatures around the country are increasingly abusing their power to preempt local authority on a wide range of issues. In response to the recent onslaught of preemption, local officials, local residents, and advocates have mounted increasingly coordinated and effective campaigns to defend their local authority from new preemption bills, and in 2019, a new trend emerged. Coalitions, in partnership with state policymakers, are pushing to repeal existing preemption and thus recover local power. Learn about successful campaigns in Colorado to repeal preemption in 2019, lessons learned for building effective preemption repeal campaigns, and recommendations for drafting strong preemption repeal bills.
Speaker: Laura Huizar
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Code Enforcement Webinar
2020-01-07 13:00 - 14:00
January 7 – Code Enforcement
Demolition of Historic Structures
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This presentation will address the code enforcement aspects of historic preservation in terms of enforcing historic district ordinances and what to do if people violate historic district ordinances.
Speaker: Janet Spugnardi
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Section 1983 Webinar
2020-01-08 13:00 - 14:00
January 8 – Section 1983
Defense Strategies for Litigating Section 1983
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: Kerslyn Featherstone & Robert Deberardinis
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Construction Contracts Webinar
2020-01-14 13:00 - 14:00
January 14 – Construction Contracts
Tricks, Traps, and Ploys in Construction Scheduling
This presentation is intended to be a practical guide to managing and scheduling your construction projects to maximize efficiency and prohibit litigation that may arise from early problems. Contract provisions, scheduling methods, claims avoidance and dispute resolution are among the topics this webinar will cover. Additional topics may be added at a later date.
Speakers: Brian Goodreau & Greg Holness
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Personnel Webinar
2020-01-16 13:00 - 14:00
January 16 – Personnel
Title VII Exemptions
Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex, and religion. Areas that may give rise to violations include recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. This webinar will cover the Title VII exemptions in the public employment context. Additional topics may be added.
Speaker: Robin Cross
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Code Enforcement Webinar
2020-01-23 13:00 - 14:00
January 23 – Code Enforcement
Non-Conforming Uses and Equitable Defenses
After receiving a notice of violation from code enforcement, many homeowners respond by claiming, “But it’s been there forever!” This presentation will take a closer look at when such a defense is viable by analyzing non-conformities and equitable defenses like estoppel, vested rights, laches and impossibility with the goal of giving practitioners some takeaways on how to respond to or manage these defenses or raise them on behalf of a client.
Speaker: Jerrod Simpson
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Land Use Webinar
2020-01-28 13:00 - 14:00
January 28 – Land Use
Planning and Zoning 101
This presentation aims to serve as an introductory primer to various planning and zoning issues local governments routinely encounter. Additional topics may be presented.
Speakers: Kim Mickelson & David Silverman
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Technology Webinar
2020-01-30 13:00 - 14:00
January 30 – Technology
Unmanned Aircraft Systems – The Law Around Drones
*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 the law surrounding drone regulation including FAA mandates and the current restrictions on drones and the role of local governments in drone regulation and management. Additional topics may be presented.
Speakers: Al Catalano & Wes Wright
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Code Enforcement Webinar
2020-02-04 13:00
February 4 – Code Enforcement
Human Trafficking and Nuisance Abatement
The presentation will discuss efforts combatting human trafficking via Red Light Abatement and Human Trafficking Posters required by Civil Code Section 52.6. It will also discuss San Diego’s partnerships and the strategies employed to combat human trafficking with San Diego Development Services Department, Code Enforcement Department specifically zoning and code violations and inspections, San Diego Police Department, Human Trafficking Taskforce, California Against Slavery and Trafficking and the Human Trafficking and Commercial Sexual Exploitation of Children Advisory Subcommittee.
Speakers: Bruce Pendleton & Patricia Miranda

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Construction Contracts Webinar
2020-02-11 13:00
February 11 – Construction Contracts
Differing Site Conditions: The Big Game of Shifting Risk
This session will first discuss the legal history of differing site conditions in the construction context. At the completion of the webinar, participants will be better prepared to identify potential differing construction site conditions, understand the various rights and remedies of the parties when disputes from differing construction site conditions arise, and will provide best practices related to dealing with differing site conditions.
Speakers: Roy Cooper, Steven Koller & Greg Holness

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Airport Law Webinar
2020-02-19 13:00
February 19 – Airport Law
Airport Law 101
This presentation will cover areas of airport law and management for municipal attorneys including land use entitlements, environmental impacts, and compliance with federal transportation regulations. Additional topics may be presented.
Speaker: Peter Kirsch

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First Amendment Webinar
2020-02-20 13:00
February 20 – First Amendment
Tips and Defenses to Litigating the First Amendment
This presentation will discuss a broad range of First Amendment matters as examples of how to litigate and defend your city when you receive First Amendment challenges. Additional topics may be added.
Speakers: Deborah Fox & Meg Rosequist

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Preemption Webinar
2020-02-26 13:00
February 26 – Preemption
Home Rule for the 21st Century
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
In January, the National League of Cities is publishing Principles of Home Rule for the Twenty-First Century, a new vision for local government legal authority and relationship to states. This legal framework, which include a model constitutional home rule article and commentary, is the first comprehensive effort since 1953 to re-image home rule, and is intended to serve as the foundation for meaningful law reform within the states. This webinar will describe the origins of this model constitutional article in light of the history of home rule reform; explain the substance and details of the new approach to home rule; and explore possibilities for change moving forward.
Speaker: Nestor Davidson

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Telecommunications Webinar
2020-02-27 13:00
February 27 – Telecommunications
Development and Deployment of Municipal Broadband: Securing Funding and Other Considerations
*FREE LIVE FOR IMLA MEMBERS! CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Given the increase in the importance of broadband access, some municipalities have considered developing their own broadband networks. These municipal broadband networks are a public utility available to residents, especially in rural areas where high speed connectivity is scarce. Building and managing a broadband network is often an expensive endeavor. This webinar will discuss the fundamentals of developing and deploying municipal broadband as well as how to secure funding. Additional topics may be presented.
Speakers: Al Catalano & Wes Wright

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Telecommunications Webinar
2020-03-03 13:00
March 3 – Telecommunications
New FCC Proceeding Exempting Cell Tower/Radio Tower Expansions from Local Approval
*90 Minutes*
A current FCC proceeding may exempt many more changes to cell tower/radio tower sites from complying with state and local laws, including weakening/preempting compliance with health and safety-related codes and requirements. This would significantly expand the preemption set forth in the FCC’s 2014 Wireless Siting Order. The program will cover the 2014 Order (briefly), the expanded preemption being considered and significant municipal concerns and objections to such expansion.
Speakers: John Pestle & Jonathan Kramer

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Personnel Webinar
2020-03-05 13:00 - 14:00
March 5 – Personnel
ADA and Animals in the Workplace
The Americans with Disabilities Act requires reasonable accommodations for the disabled, but how far does that extend when it comes to service animals in the workplace? This webinar will cover topics including the distinction between service animals, therapy animals, emotional support animals, and pets; which animals must be allowed; what the requirements are for the different categories of animals; courses of action that are recommended versus mandatory; and how to mitigate between the ADA’s requirements and the concerns for other individuals in the office (e.g. allergies, distractions, phobias). Other topics may be included in addition to those provided in the description.
Speaker: Robin Cross
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Technology Webinar
2020-03-11 13:00
March 11 – Technology
Ransomware and Local Governments: Do Not be Held Hostage!
*70 Minutes*
Municipalities are often the target of hackers seeking financial gain from extortion. These unforeseen incidents wreak havoc on governmental operations and bring functionality to a standstill. The aim of this webinar is to assist local government attorneys and officials in anticipating and defending against future intrusions. Additional topics may be included.
Speakers: Lawrence Lee & Christopher Johnson
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Construction Contracts Webinar
2020-03-17 13:00 - 14:00
How Design Documents Can Cause or Prevent Claims
This session will discuss the types of design documents and stages of design development along with the common problems that can cause design claims. Participants will learn the legal considerations in assessing design liability, the allocation of design risk and the ways to minimize the risk and cost of resolving construction claims arising from design issues.
Speakers: Roy Cooper & Greg Holness

Fair Housing Webinar
2020-03-24 13:00 - 14:00
Tips and Defenses to FHA Violations when Adhering to State Zoning/Building Laws
This presentation will address how to defend and litigate Fair Housing Act Violations against your municipality. This presentation will provide a focus on such a defense while adhering to state building codes and other similar state requirements. Additional topics may be covered.
Speaker: Brian Connolly

Land Use & Code Enforcement Webinar
2020-03-25 13:00 - 14:00
Mobile Homes
This presentation will address unique issues with code enforcement and land use involving mobile homes. Additional topics may be presented.
Speaker: Julian Grant

Code Enforcement Webinar
2020-03-31 13:00 - 14:00
Enforcing Quality of Life Laws After Martin v. City of Boise
Camping ordinances, sit and lie laws, and other quality of life laws were greatly impacted by the Ninth Circuit’s decision in Martin v. City of Boise. As a result of this decision, there are many questions around enforcement of these quality of life laws. This presentation will discuss not only the decision in Martin v. City of Boise, but also address its impact on other quality of life laws. Additional topics may be presented.
Speakers: Theane Evangelis & Joseph Tartakovsky

Personnel Webinar
2020-04-02 13:00 - 14:00
Medical Exams Under the ADA
This presentation will cover medical exams under the Americans with Disabilities Act and best practices and policies. Additional topics may be included.
Speakers: Lindsay Rose & Robin Cross
