IMLA

eDiscovery-Legal Hold Working Group Conference Call
2018-07-09 13:00 (America/New_York)
If you care to take part in this call or join the eDiscovery-Legal Hold Working Group, please email pete@texasmunicipallawyers.com and cstorer@imla.org.

Sanctuary Jurisdiction Working Group Call
2018-07-05 13:00
If you care to take part in this call or join the Sanctuary Jurisdiction Working Group, please email akellar@imla.org

Opioid Litigation Working Group Call
2018-06-26 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.

Qualified Immunity in section 1983 cases, an overview of recent Supreme Court decisions and practical considerations for the government practitioner
2018-04-20 10:45 - 11:45
Qualified Immunity in section 1983 cases, an overview of recent Supreme Court decisions and practical considerations for the government practitioner
This first part of this presentation will provide a discussion of recent Supreme Court qualified immunity presentations and underscore how local government lawyers can utilize these cases in their practice. The second half of this presentaiton will provide an overview of practice pointers on qualified immunity issues in the circuit courts of appeals.
Speakers: Susan Lappen & Tom Carr
Location: Blue Room

2018 Mid-Year Seminar
2018-04-20 08:00 - 22:00
IMLA’s Mid Year Seminar

March 12- Telecommunications
2018-03-12 13:00 - 14:00
March 12- TelecommunicationsNew FCC Small Cell Zoning Rules**90 Minutes****Date subject to change depending on new FCC rule issuance on small cells in the rights of way and zoning**
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.
Speakers: John Pestle & Jonathan Kramer
Click here to view the speaker’s bios.
Click here to register.

March 8- Land Use
2018-03-08 13:00 - 14:00
March 8- Land UseSober Living Facilities
**FREE FOR IMLA MEMBERS! Only Kitchen Sink Subscribers can obtain CLE credit.
There has been a great deal of litigation concerning the effect of federal fair-housing and disability laws on the ability of local governments to exercise control over business-run group-living arrangements, particularly for persons with disabilities. In this context, Congress has extended “disability” to include recovering from drug or alcohol addiction.
These federal protections for the disabled forbid discriminatory housing practices involving recovering addicts. Recovering addicts are often more successful if they can transition back into the broader community by living for a time with other people in recovery in a “typical” residential environment. Predictably, this sometimes leads to conflict with more permanent members of the community.
So what do you do when you have complaining neighbors, concerned public-safety officers, and outraged city council members?
This presentation will discuss the legal characteristics of sober-living homes and their relationship with federal disability and fair-housing law. In particular, it will cover how the FHAA is used by owners of sober-living homes to operate their facilities and how local governments can balance the interests of the operators, occupants, and neighbors.
Speaker: Todd Leishman & Jeff Ballinger
Click here to view the speaker’s bios.

February 27- Ethics; New Government Lawyer Series
2018-02-27 13:00 - 14:00
February 27- Ethics; New Government Lawyer Series
**FREE FOR IMLA MEMBERS!
This presentation will provide an overview of the important ethical issues routinely faced by local government attorneys. Particular emphasis will be placed on ABA Model Rule 1.6 and 1.7 (client confidentiality and conflicts of interest respectively). In addition to an overview of each rule, the presenter will also walk participants through several hypothetical scenarios to demonstrate how each rule is applied in practice.
Speaker: Chuck Thompson
Click here to view the speaker’s bio.
Click here to register.

February 22- Arbitration
2018-02-22 13:00 - 14:00
February 22- ArbitrationWhat to Expect in Arbitration
What are the biggest differences between an arbitrator and a judge? What are the advantages and disadvantages to choosing arbitration? Presenter James Stokes will cover this and more, providing expert insight and practical tips from his years of experience as an arbitrator, city attorney, special magistrate, and former law enforcement officer.
Speaker: James Stokes
Click here to register.

Feb 20- Public Works/ New Government Lawyer Series
2018-02-20 13:00 - 14:00
Feb 20- Public Works/ New Government Lawyer Series Public Contracts and Bidding – Avoiding Delays and Mitigating Liability
This presentation will address the following areas:
a. Requests for Bidsb. Requests for Proposalsc. Requests for Qualificationsd. Requests for Information
e. Bidding in construction contracts and alternate construction delivery methods.
Speaker: Majeed Makhlouf
Click here to view the speaker’s bio.
Click here to register

2017 Annual Conference
2017-10-14 08:00

Collaborative Courts and Alternative Sentencing
2017-09-25 13:00
This webinar will cover an overview of various collaborative courts and alternative sentencing programs that have been successful in the City of San Diego. Specifically, the City Attorney’s Collaborative Courts we will discuss include: Beach Area Community Court, Homeless Court, Behavioral Health Court, Drug Court, and Veterans Treatment Court. Additionally, SMART, the Prostitution Impact Panel, Community Justice Initiative and the Serial Inebriate Program are just a few of the Alternative Sentencing Programs we use as effective sentencing options.
Speakers: Lara Easton, Chief Deputy City Attorney, San Diego & Natasha Robertson, Deputy City Attorney, San Diego
2017 Distance Learning

Cell Tower Zoning
2017-09-20 13:00
As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.
Speakers: John Pestle & Jonathan Kramer
2017 Distance Learning

Ethics
2017-09-18 13:00
Speaker: Dolores Dorsainvil
2017 Distance Learning

Police
2017-09-06 13:00
Speaker: John Wilkerson
2017 Distance Learning

Municipal Finance: Recent Developments in Municipal Securities Law
2017-08-23 13:00
A discussion of recent Securities and Exchange Commission enforcement actions against state and local governments and officials, developments in Municipal Securities Rulemaking Board rules affecting advisors to state and local governments, and other securities law developments relevant to municipal bond issuers.

Police
2017-08-16 13:00
Speaker: Jack Ryan 2017 Distance Learning

Municipal Bonds
2017-07-24 00:00
Speakers: Chris Petrini & Christopher Brown
2017 Distance Learning

Selling Your City’s Cell Lease/Future Leasing Rights
2017-07-19 13:00
Once your local government leases its property or a structure for a cell tower, 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 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, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and 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
2017 Distance Learning

Achieving Website Accessibility for Municipalities and Local Governments
2017-06-26 13:00
A recent benchmarking study of municipality websites revealed that 40 percent failed accessibility tests. These results are troublesome in light of the ADA’s legal mandate that the operations and services of local governments, including their websites, are accessible to individuals with disabilities who make up over 15% of the population. The U.S. Department of Justice not only is moving forward with promulgating regulations to govern website accessibility, but also is pursuing legal actions against those municipalities and local governments whose websites and other Internet communications are not accessible to individuals with disabilities.. In their webinar, Jonathan R. Mook, a partner in the law firm of DiMuroGinsberg and a nationally recognized authority on the Americans with Disabilities Act, and Joseph A. Martini, Director of Assistive Technology at Perkins Solutions/Perkins School for the Blind, will discuss the legal obligations of municipalities and local governments to ensure that their Internet communications are accessible and provide practical advice on the best steps to take to achieve website accessibility. They will also review various technologies that are used by individuals with disabilities to access digital information. Through demonstrations and video clips examples of how technologies are used as well as examples of inaccessible and accessible websites will be discussed. Jonathan and Joseph are expected to address such important areas as:
• Questions to address with IT and third party vendors regarding the compatibility of your website’s technology with website visitors’ Assistive Technology such as speech-recognition software, magnification software or alternative input devices;
• How VPATs (Voluntary Product Accessibility Template) can help in the evaluation of third party software;
• Captioning of videos housed on your website, to ensure that hearing-impaired web-site visitors have access to the information;
• Examples of how visually impaired web site visitors may not be able to read information on your website due to color contrast or font size;
• How questions in a certain website processes (i.e. filling out an application) could run afoul of the ADA if they require timed responses or lack a method to pause.;
• Best practices for using images on your website, so they can be interpreted by all; and
• Other technology-based assistive accommodations you may need to make for disabled employees.
Speakers: Jonathan Mook, Joeseph Martini & Dan Crean
2017 Distance Learning

Ethics- Rule 4.2: The “No Contact Rule”
2017-06-21 13:00 - 14:00
Model Rule 4.2, commonly referred to as the “No Contact Rule,” governs communications with persons represented by counsel and, at its core, provides:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Intended to preserve the proper functioning of the attorney-client relationship as well as shield adverse parties from improper approaches, this application of the Rule becomes complicated when the party is a corporation or governmental body. Who falls within the protection of the Rule, and who can you rightfully shield from contact? Who are you allowed to contact? What special aspects of the Rule apply when a governmental body is involved? There are many aspects of Rule 4.2 and complexities to consider. This webinar will explore Rule 4.2 and provide attendees with an analytical roadmap through which to assess these issues.

Lessons from Ferguson: Rededicating Local Courts to Procedural Fairness and the Rule of Law
2017-06-14 13:00 - 14:00
Speaker will discuss important takeaways for local government from the events occurring in Ferguson, MO. Particular emphasis will be placed on the fines and fees issue as well as the role of municipal courts in promoting procedural fairness and the fair rule of law.

Land Use
2017-06-12 13:00, 2017-05-08 13:00
2017 Distance Learning

Fitness-for-Duty Exams: A Sword and a Shield in ADA Litigation
2017-06-05 13:00
Fitness-for duty evaluations are a practical tool that can be used to either validate, or disprove, an employer’s contention that an employee may lack the physical and/or mental capacity to perform the essential functions of the job. Such an evaluation is of critical important in the public-safety sector, particularly with law enforcement offices, because of their constant engagement with citizens, which is both highly visible and heavily scrutinized. While fitness-for-duty exams are a useful preventative measure that can reduce the employer’s exposure and provide a legitimate basis for removing unsuitable employees from the workforce, the benefits co-exist with risks in light of 42 U.S.C. § § 12101-12213—the Americans with Disabilities Act, as amended (“ADA”).
Under the ADA, an employee can qualify for the statutory protections if the employee is either actually disabled or regarded as disabled. However, the employee must be able to perform the essential functions of his or her job. A failed fitness-for-duty exam strengthens the employer’s posture in litigation because it is evidence that the employee cannot perform the essential job functions. On the other hand, if an employee successfully completes a fitness-for-duty exam and is later subjected to an adverse employment action, the very act of requiring the fitness-for-duty exam may be used as evidence that the employee was regarded as disabled by the employer. As such, even if no actual disability exists, the employee may be able to establish that he or she was veiled by the ADA’s protections, making the employer’s burden at trial more challenging.
This presentation will analyze the interplay between the right of the employer to require fitness-for-duty evaluations and the employer’s obligations under the ADA to refrain from disability discrimination, in the context of litigation.
Speaker: Kelly Madrid, Assistant City Attorney, Fort Worth City Attorney’s Office
2017 Distance Learning

The Sharing Economy: Airbnb and Uber
2017-05-17 13:00
Speaker: Jordan Ferguson
2017 Distance Learning

Personnel
2017-05-10 13:00
Speakers: Roberta “Robin” Cross
2017 Distance Learning

Enforcement Updates
2017-05-03 13:00
Enforcement Updates
Speaker: Mr. Doty
2017 Distance Learning

2017 Mid-Year Seminar
2017-04-21 08:00
2017 Seminar

Perfluorinated Chemicals (PFCs) in Drinking Water: What Municipalities Need to Know About Evolving Regulatory Requirements, Health Effects and Cost-Recovery/Affirmative Litigation Options for PFOA and PFOS Contamination.
2017-04-05 13:00
Perfluorinated Chemicals (PFCs) in Drinking Water: What Municipalities Need to Know About Evolving Regulatory Requirements, Health Effects and Cost-Recovery/Affirmative Litigation Options for PFOA and PFOS Contamination.
In recent months, PFCs have been discovered in dozens of drinking waters supplies throughout the country resulting in EPA or state mandated multi-million dollar clean-up projects. The source of PFC contamination is typically a manufacturing facility that improperly stored, used or disposed PFC containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFCs.
In response to the discovery of this recent contamination and the public outcry over health effects associated with PFCs, EPA recently lowered its Health Guidelines for PFCs and states are also beginning to implement their own regulatory response to this growing problem.
This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating drinking water supplies contaminated with PFCs, health effects from PFC exposure and cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFCs.
Speaker: Kevin Madonna
2017 Distance Learning
