IMLA

Personnel Webinar
2019-02-19 13:00 - 14:00 (America/New_York)
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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Sanctuary Jurisdiction Working Group Call
2019-02-28 13:00 - 14:00, 2019-04-11 13:00 - 14:00, 2019-04-25 13:00 - 14:00
If you care to take part in this call or join the Sanctuary Jurisdiction Working Group, please email cstorer@imla.org.

University Cities Working Group Call
2019-03-07 13:00 - 14:00
If you care to take part in this call or join the University Cities Working Group, please email cstorer@imla.org.

Code Enforcement Conference Call
2019-03-08 13:00 - 14:00
If you care to take part in this call or join the Code Enforcement working group, please email cstorer@imla.org.

Litigation Section Conference Call
2019-03-13 13:00 - 14:00, 2019-05-08 13:00 - 14:00
If you care to take part in this call or join this Working Group, please email cstorer@imla.org.

2019 Mid-Year Seminar
2019-03-29 07:00 - 19:30, 2019-03-30 07:00 - 16:45, 2019-03-31 07:30 - 12:50, 2019-04-01 06:00 - 12:00
Registration is open!
Please CLICK HERE to access the 2019 Mid-Year Seminar Registration form.
If you wish to register online, please CLICK HERE.

Omni Shoreham Room Block
IMLA has secured a block of sleeping rooms and a special room rate at the Omni Shoreham Hotel, a first class facility, in Washington, D.C.
Please CLICK HERE to reserve your room in IMLA’s room block.
*Please be aware that rooms will sell out, so be sure to book yours ASAP!*

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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Code Enforcement Conference Call
2019-04-12 13:00 - 14:00, 2019-05-10 13:00 - 14:00

Opioid Litigation Work Group Call
2019-04-16 13:00 - 14:00
If you care to take part in this call or join the Opioid Litigation Work Group, please email eeiselt@imla.org.

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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IMLA in Canada
2019-04-25 07:00 - 19:00, 2019-04-26 07:00 - 19:00

Opioid Litigation Work Group Call
2019-04-30 13:00 - 14:00
If you care to take part in this call or join the Opioid Litigation Work Group, please email eeiselt@imla.org

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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Litigation Section Conference Call
2019-06-12 13:00
Please join us on Wednesday, 6/12 at 1 pm eastern for a call to discuss a recent Eighth Circuit decision. The issue is whether government defendants may be held liable under section 1983 for inaccurately determining that a man encountered during a winter emergency response was dead rather than suffering from hypothermia, and so informing subsequent Emergency Responders arriving at the scene? We will discuss whether this scenario fits the several narrow exceptions ( such as Special Duty Rule, or creating/enhance danger) warranting jury consideration of municipal liability. The decision can be found here: http://imla.org/images/links/136-Order-12b6_motion_dismiss.pdf
Our speaker for this conversation is Cliff Greene with Greene Espel: https://www.greeneespel.com/people/CliffordMGreene.
