Public Contracts Webinar
2020-10-28 13:00 - 14:00 (America/New_York)
Public Private Partnerships: The Answer to the U.S. Infrastructure Problem?
A discussion of the benefits and limitations of public private partnerships (P3s) as a method for local governments to develop infrastructure. The presentation will also discuss different P3 models of project delivery, the use of P3s to recycle or monetize existing infrastructure assets, and the issues governments should consider when determining whether a P3 is the best option for a particular project.
Speaker: Erlyne Nazaire

Preemption Webinar - Free Live For IMLA Members
2020-12-01 13:00 - 14:00
Structural Racism, Local Authority, and the Harmful Impacts of State Preemption in the South
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
State interference in local democracy is embedded in a long history of events and actions that have sought to promote the interests of historically privileged property owners and perpetuate the South’s racist past. Across the region, the configuration of government, policies, and practices are rooted in earlier efforts to limit the rights and freedoms of Black people and entrench white supremacy during the dismantling of Reconstruction-era economic and political gains and the concurrent rise of Jim Crow–era state-sanctioned discrimination. Preemption as it is used today works to reinforce these inequalities when it is used to block local policies that promote racial and economic equity.
In fact, a new report documents the use of preemption laws in the South by overwhelmingly white male legislatures to keep Black-majority cities from passing the progressive policies their people need. For example, the Alabama legislature preempted Birmingham’s minimum wage increase; the Tennessee legislature preempted Nashville’s local hire law; and the Georgia legislature preempted Atlanta’s fair scheduling law.
This webinar will discuss the legal history of local government after the Civil War, the extent to which racial animus shaped and continues to shape local institutions and how state legislatures and the misuse of preemption continues to perpetuate inequities in the South. While the session discussion and research focus on the South, the impacts and lessons learned can be applied anywhere preemption and state-local conflicts block policies that promote racial and economic equity.
Speaker: Dan Farbman, Jaimie K. Worker & Julia Wolfe

First Amendment, Public Forum Webinar
2020-12-03 13:00 - 14:00
Public Forum Overview and Application to Running Public Meetings
A discussion of the different types of forums based upon Supreme Court and circuit court holdings, such as traditional, designated, limited public forums and non-public forums, and the real world interaction with public meetings when they are held to be either designated or limited, which affects the way speakers at these meetings can be regulated.
Speaker: Julian Grant

Land Use & Code Enforcement Webinar
2020-12-17 13:00 - 14:00
Variations and Zoning Relief
Many local governments provide for variations in their zoning code. The purpose of such variations is to ensure that no property is unreasonably deprived of the development opportunities enjoyed by other properties in the same locality and district. The goal of this webinar is to provide attendees with practical information on zoning relief and variations.
Speaker: Kim Mickelson & David Silverman

Personnel Webinar - Free Live For IMLA Members
2021-01-05 13:00 - 14:00
The ADA at Thirty: 2020 Recap and What to Expect in 2021
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
In July 2020, the ADA celebrated its 30th birthday as being the law of the land. In this webinar, Jonathan Mook will present an overview of significant ADA developments that occurred in 2020, particularly as they concern the COVID-19 pandemic. The EEOC’s new relaxed standards for medical testing, the applicability of the ADA’s direct threat defense to COVID-19, and whether COVID-19 is a “disability” will be discussed. Jonathan also will offer a preview of emerging ADA issues that municipalities can expect to face in 2021, including the expansion of telework as a reasonable accommodation and whether an employer may require mandatory COVID-19 vaccinations.
Speaker: Jonathan Mook

Transactions Webinar
2021-01-07 13:00 - 14:00
Commission Agreements for Public Art Projects
This presentation will discuss a standard commission agreement for public art with a special focus on those areas that are unique to public art. The purpose of this session will be to not only dissect the contract language, but to also discuss Best Practices in the field of public art with regard to issues like selection of artists, ownership of intellectual property, and post-installation issues such as maintenance, conservation, and removal.
Speaker: Sarah Conley Odenkirk

Tax Webinar
2021-01-11 13:00 - 14:30
Impact of the Covid-19 Pandemic on Tax Assessments and Tax Assessment Appeals
Faculty members include the interim Chief Assessment Officer for the City of Philadelphia, a certified general appraiser that is a leader in the real estate appraisal industry, and attorneys who both defend assessment appeals and counsel Philadelphia’s Office of Property Assessment in issues related to the assessment process. Topics to be discussed include: (1) impacts of the Covid-19 pandemic on assessment offices and the assessment process, (2) impacts of the Covid-19 pandemic on real estate tax assessment appeals, (3) impacts of the Covid-19 pandemic on real estate values, and (4) anticipated long term impacts of the Covid-19 pandemic as we move forward.
Speaker: Drew Aldinger, Amy Galer, Chip Hughes & James Aros

Implicit Bias and Elimination of Bias Webinar
2021-01-14 13:00 - 14:00
Identification and Elimination of Bias for Government Lawyers
This presentation will discuss what implicit bias is and why it’s important for government lawyers to be concerned about their implicit biases. The presentation will also provide tips on how to combat and eliminate biases in the legal workplace.
Speaker: Tara Kelly

Land Use Webinar - Free Live For IMLA Members
2021-01-21 13:00 - 14:00
Update on Fair Housing Obligations for Local Governments: Disparate Impact, Affirmatively Furthering Fair Housing, and Others
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This session will review the basic obligations of local governments under the Federal Fair Housing Act, as well as recent changes in those obligations. Topics to be addressed include protected classes, affirmative obligations and prohibitions, the requirement to affirmatively further fair housing, and recent disparate impact cases.
Speaker: Brian Connolly

Environmental Webinar - Free Live For IMLA Members
2021-01-27 13:00 - 14:00
Philadelphia’s Guide to Energy Portfolio Planning and Renewable Energy
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This presentation is on the City of Philadelphia’s energy portfolio planning and shifting renewable energy goals. The presentation will explain how Philadelphia manages its electricity purchases to ensure cost and budget certainty and uses guaranteed energy savings contracts and power purchase agreements to achieve their goals for obtaining 100% renewable energy.
Speaker: Kevin Birriel

Telecommunications Webinar
2021-01-28 13:00 - 14:30
Cell Tower Leasing and Sales
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.
Speaker: John Pestle & Jonathan Kramer

Code Enforcement & Land Use Webinar
2021-02-03 13:00 - 14:00
Complying with the Fair Housing Act While Enforcing Land Use Regulations
This presentation will discuss the Fair Housing Act, how it applies to your client, and how your client can enforce its land use regulations without running afoul of the Fair Housing Act. Such land use regulations include housing codes, zoning regulations, and other similar requirements.
Speaker: Patricia “Trish” Link

Preemption Webinar - Free Live For IMLA Members
2021-02-09 13:00 - 14:00
The Post-Election Preemption Landscape
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The results from the November 2020 elections will have consequences for state-local government relationships across the nation. The balance of power and ability for the federal, state, and local governments to work together is critical to respond to the demands of the pandemic, strengthen the systems upholding our democracy, and address the calls for justice for Black, Indigenous, and People of Color. Local governments will continue to be on the front lines of myriad critical issues and will continue to be impacted by past and potential state interference that has – and intends to – thwart the ability of local governments to effectively meet the needs of their communities.
This webinar will map the changes in terrain caused by the 2020 elections, including local public health protections, workplace safety, local fiscal authority, redistricting, and criminal justice and police reform with the goal of sharing and exploring trends and informing local solutions to meet our country’s ongoing challenges.
Speaker: Kim Haddow & Rick Su

Litigation Webinar - Free Live For IMLA Members
2021-02-18 13:00 - 14:00
Coming Attractions: Open Issues in Civil Rights Litigation Ripe for Supreme Court Review
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
A discussion of the surprising number of significant legal issues in section 1983 litigation that the Supreme Court has yet to resolve, including the nature and extent of constitutional claims for malicious prosecution or wrongful death, what authority, other than Supreme Court decisions can “clearly establish” the law for qualified immunity, and what constitutes a de minimis recovery for purposes of an attorney fee reduction under Farrar v. Hobby.
Speaker: Tim Coates

Utilities Webinar
2021-02-23 13:00 - 14:00
Overview of Municipal Water and Wastewater
This presentation will address the operation of municipal water and wastewater utilities. Topics will include the application of the Clean Water Act and National Pollutant Discharge System (NPDES) permitting, the sourcing and treatment of potable water, the operation of water towers and distribution lines, the treatment and discharge of wastewater, and common liability issues.
Speaker: Ian Williams

Telecommunications Webinar
2021-03-04 13:00 - 14:30
Update on FCC Rules on Cell Tower Zoning
Major topics will be (1) – – The September 2020 Ninth Circuit decision upholding major portions of the FCC’s 2018 Order about 5G and small cell towers in the rights of way, but restoring municipalities’ traditional discretion on aesthetic matters, and (2) – – Two FCC Orders that expand the types of changes to cell towers (notably expansions up to 30 feet outside the current cell site) which municipalities must approve. In each case we will summarize the decision, its background and provide suggestions as to how municipalities should proceed.
Speaker: John Pestle & Jonathan Kramer

Litigation Webinar
2021-03-09 13:00 - 14:30
What Every Municipal Lawyer Should Know About Recovering Damages for Legacy Environmental Contamination of Municipal Resources
Municipalities have long shouldered the burden of managing PCBs, PFAS, MBTE, TCP, Chromium and other contaminants in their drinking water, wastewater and stormwater systems, often spending millions of dollars per year. This webinar provides an affirmative litigation framework for local governments to recover damages from the manufacturers, distributors and dischargers of the contaminants, shifting the financial burden away from taxpayers and ratepayers and onto the companies that profited from the sale and uncontrolled use of hazardous chemical products. The webinar will provide a brief historical overview of the development of the law of environmental recoveries: CERCLA, the Clean Water Act (and state equivalents), as well as state law claims under products liability, consumer protection, public nuisance, and trespass. It will provide an update on the proposed $550 million national class PCB settlement with Monsanto, and an overview of municipalities’ additional options to recover from dischargers the costs of PCB management, reduction, and remediation. The webinar will give an overview of the tightening regulations for PFAS in municipal water systems, and litigation options for shifting the future huge costs of PFAS remediation. Municipal law departments can bring in significant revenues through affirmative environmental litigation.
Speaker: Kyle McGee, Suzanne Sangree, Viola Vetter, & Jason Wilson

Land Use Webinar - Free Live For IMLA Members
2021-03-16 13:00 - 14:00
Overcoming Legal Hurdles to Changing the Use of Obsolete Municipal Real Estate Facilities: A Case Study
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Over time, municipal facilities may become obsolete. Municipalities often face legal obstacles to implementing new uses for those facilities. A municipal lawyer must find legal routes to help clients enact innovative proposals that transform a facility’s use. Where real estate assets are involved, the lawyer often must find ways to accommodate or remove existing land-use restrictions. This seminar will discuss common land-use restrictions that impede changing the use of municipal real estate and then, as a case study, examine a City of Philadelphia project that transformed an abandoned reservoir into an environmental center and park. The project required compliance with land-use restrictions imposed under the federal Land and Water Conservation Fund Act of 1965, a major grant program that affects municipal parks and recreation facilities around the nation.
Speaker: Lawrence Copeland

Technology Webinar
2021-03-18 13:00 - 14:30
Hot Issues in Technology Contracts
A panel of in-house municipal attorneys from NYC to LA who specialize in technology purchases will share tips for negotiating technology contracts on behalf of a municipality. The panel will discuss topics that are current and relevant now, sharing their experiences negotiating software and technology contracts, with an emphasis on data security and cloud services. For any municipal attorney who seeks guidance on what to look out for in technology contracts, this presentation is for you!
Speaker: Eugene Hsue, Paula Donato, Philip H. Lam, Lara Mainella & Patrick Bryant

Transportation Webinar
2021-03-23 13:00 - 14:00
Transit Oriented Development
This will be a comparative presentation on how Atlanta has handled transportation-oriented development in their communities. This presentation will explore legal issues associated with this type of development and highlight the benefits of thoughtful planning as it can support economic development. Additional topics may be included.
Speaker: Jonathan Hunt

Telecommunications Webinar
2021-03-29 13:00 - 14:00
A Look Into the FCC’s Emergency Broadband Benefit Program
A new emergency Federal program providing Internet service discounts of $50/$75 a month for low-income households will start before the end of April. It addresses the need these households have for distance learning, telecommuting and telemedicine during the pandemic. The program was created by Congress in December and implemented by an FCC Order on February 26. It should interest municipalities, schools, churches, social service agencies and others dealing with households affected by the pandemic and which need robust Internet access. The program is of limited duration (until 6 months after the pandemic ends, or until $3.2 billion in Federal funding ends) so getting households signed up promptly is important.
We will describe the benefit ($50/$75 a month plus $100 for equipment) and the large number of households that are eligible: those with students receiving free/reduced price school meals during 2020 or 2021, SNAP (formerly food stamp) beneficiaries, and Medicaid participants as well as those getting Lifeline phone/Internet service, receiving Pell grants, or having been laid off/had a substantial loss of income since February of last year. Special additional rules apply to Tribal lands. Households will get the discounts directly from their cable, phone, cell phone or other Internet provider, with the providers reimbursed by the government. We will describe how to enroll for the discounts.
Speaker: John Pestle & Jonathan Kramer

Elimination of Bias/Diversity and Inclusion Webinar
2021-03-31 13:00 - 14:30
Women in Law: Where Equality and Equity Exist in Local Government
As Justice Ruth Bader Ginsburg once said, “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” This three-women-panel of local government attorneys will discuss the transformation of what women in the male-dominated legal field looked like in the past to what women in the field look like now on a structural and policy level. The presentation will discuss the shift from issues related to equality for all women to what equitable actions local governments are currently doing to prioritize and value Black, Indigenous, and People of Color (BIPOC) women seeking employment. The presentation will also discuss the structure of a woman-majority litigation office in local government and an example of COVID-19 provisional language that create a disproportionate effect on women over men. Additional topics may be included.
Speaker: Deanna Shahnami, Patricia Miller, Deanne Durfee & Josette Flores

Public Records Webinar - Free Live For IMLA Members
2021-05-04 13:00 - 14:00
How Legislation and Current Events have Changed the Public Records Landscape
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
Managing requests for public records is hard. Staying organized, coordinating moving parts, and remaining compliant with evolving compliance mandates is no small task. This presentation will discuss several rulings and pieces of legislation that have had a notable impact on those managing requests for public records: (1) How a single word like “Extraction” can create a haze of confusion; (2) how the explosion of video has outpaced some departmental policies; and (3) how work-from-home mandates have created headaches for tech-challenged departments. This presentation will also share the latest numbers and survey results from the Peers in Public Records Index, a quantifiable picture of the 124% growth in request processing complexity over the past 3 years. Additional topics may be included.
Speaker: Jen Snyder & Moses Johnson

Preemption Webinar - Free Live For IMLA Members
2021-05-06 13:00 - 14:00
Local Authority, 2021 Legislative Sessions, and the Pandemic
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This webinar will look at the status of local government authority post-2021 Legislative sessions with a focus on the preemption of emergency powers, police funding, punitive protest laws, and other policies.
Speaker: Benjamin D. Winig, LiJia Gong and Lindsay Wiley

Federal Webinar - Free Live For IMLA Members
2021-05-11 13:00 - 14:00
What is Trending in the Federal Circuit Courts?
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This presentation will discuss the current trends in the federal circuit courts. Topics include issues related to homelessness, fines and fees, novel takings cases, and new social media cases. This presentation will help put these emerging issues on your radar in case you find yourself facing one of these issues.
Speaker: Amanda Karras

Construction Webinar
2021-05-13 13:00 - 14:00
Back to Basics: Guide to Avoiding & Mitigating Construction Claims
The construction industry has faced many unique challenges since the start of 2020. As the industry adjusts to the new “normal” way of working, it is important for construction project participants to maintain focus on the basic techniques that are effective in managing construction risks that are inherent to every construction project. This session will bring participants “back to basics” and provide simple techniques that can be applied every day for the avoidance and mitigation of common issues that often manifest into complex construction claims. Our “back to basics” fall 2021 session will focus on dispute resolution.
Speaker: Bryan Payne, Brian Goodreau & Antoine Bechaalani

Code Enforcement Webinar
2021-05-18 13:00 - 14:00
Beyond Single-Family Residential: Addressing Diverse Community Housing Needs
This session will present methods communities can use to address sprawl, affordability issues, and special housing needs of some community members. Topics will include non-standard housing types such as tiny homes and accessory dwelling units; addressing the needs of seniors; and group homes.
Speaker: Roger Horner & Cathy Cunningham

Anti-Trust Litigation Webinar
2021-05-27 13:00 - 14:30
Municipal Class Actions: When to Opt-Out and When to Lead or Stay in the Class?
Class action antitrust litigation is often the most cost-effective way to obtain damages when a municipal entity is harmed by anti-competitive corporate conduct. In some instances, however, a municipality may do better to opt out of the class and become an active opt-out litigant. Opt-out class members have more input into directing litigation strategy, and have the flexibility to settle without obtaining court approval. Even when settlement is the preferred outcome, better results are achieved when counsel actively pursues discovery and prepares for trial from the outset of the litigation. This session examines the terrain of municipal antitrust suits, the pros and cons of opting out, and how to maximize recoveries.
Speaker: Robert Eisler, Deborah Elman & Suzanne Sangree

Ethics Webinar
2021-06-07 13:00 - 14:00
Questions to an Ethics Hotline
This presentation will cover questions regularly raised by local government lawyers about the Rules of Professional Conduct and discuss how and which Rules answer such questions. The presentation will generally cover several of the ABA Model Rules having particular applicability to local government lawyers, including the Preamble and Scope and Rules 1.0 through 1.11, 1.13, 1.16, 1.18, Rules 3.1 through 3.5 and Rules 3.8 and 3.9, Rules 5.1 through 5.4 and Rules 8.3 and 8.4 to the extent time allows. The program anticipates that lawyers attending the program will have a better appreciation of how the Ruled of Professional Conduct apply in various situations that can regularly arise in the course of representing a local government client, how best to address their conduct in responding to those situations and what their duties and responsibilities are to the court and the bar.
Speaker: Charles W. Thompson, Jr.

Eminent Domain Webinar
2021-06-15 13:00 - 14:15
A Practical Guide on Condemnation Law from Planning to Trial
This presentation serves as a practical guide for attorneys new to condemnation, covering aspects from planning for its use, including ensuring authority to condemn, the existence of a public purpose, considering alternatives, project costs, and political/community considerations; due diligence including determining if fee or easements, among others, are needed, performing title work review, surveying and environmental studies, and appraisal hiring and review; negotiation for needed parcels; and preparation for filing of a formal petition to condemn. It will also discuss strategy for direct examination of a hired appraiser at trial.
Speaker: Julian Grant
