IMLA

Construction Webinar
2022-11-17 13:00 - 14:00 (America/New_York)
2022 Global Construction Disputes Report
Current events have introduced a high degree of anxiety and uncertainty to the construction industry across the globe. This webinar focuses on the top causes of disputes in 2021 and provides tangible actions to mitigate disputes on projects. After attending this presentation, participants should be able to describe the current events and challenges affecting the construction market; describe the top techniques for mitigating disputes; explain potential solutions for avoiding disputes; and discuss the top causes of disputes and methods for effectively avoiding them.
Speaker: Roy Cooper, Bryan Payne & Ben Eiss

Environment Webinar
2022-11-22 13:00 - 14:00
Citizens’ Suits & You: A basic understanding of the Private Enforcement mechanism under The Clean Water Act
This presentation will discuss how does a citizen suit work under 33 U.S.C. § 1365. The presentation will also discuss how to defend against a citizens’ suits and a survey of federal case law.
Speaker: Thomas E. Powers III

Land Use Webinar - Free Live For IMLA Members
2022-11-29 13:00 - 14:00
Protecting Due Process in Your Pajamas: Administering Land Use Hearings in a Virtual World
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
The COVID-19 pandemic forced local governments to shift to virtual hearings if they wanted to continue conducting business. Questions as to what impact such hearings may or may not have on the constitutional rights afforded parties in land use cases were generally set aside for the time being as Americans faced up to a significant health crisis. Heading into 2023, are virtual hearings the “new normal” and, if so, are the legislators and courts on board? Do existing state statutes and case law provide adequate protection for local government leaders to continue approving variances, conditional uses, special exceptions, site plans, subdivisions, and other land use applications from the comfort of their living room? What should local government attorneys consider when advising clients on whether virtual processes satisfy constitutional muster? This presentation will look at how different states are currently handling virtual hearings in the land use context and identify issues that attorneys should explore when advising local governments on best practices.
Speaker: David Warner

Election Webinar
2022-12-01 13:00 - 14:00
Recent Developments in Election Law: The Independent State Legislature Theory, Voter Suppression masquerading as Election Reform, and Efforts to Curb Partisan Gerrymandering
This program will focus on the most recent developments in election law, with emphasis on the Independent State Legislature theory to further restrictions on Section 2 Vote Dilution under the Voting Rights Act and pernicious efforts to suppress minority voting. Given the uncertainty in the law as reflected in the most recent grant of certiorari in the Moore v. Allen case and Brnovich, this program will resonate with local government counsel interested in keeping current in this volatile area of the law.
Speaker: Ben Griffith & Chris Balch

Homelessness Working Group Conference Call
2022-12-01 15:00 - 16:00, 2023-01-05 14:00 - 15:00, 2023-02-02 14:00 - 15:00, 2023-03-02 14:00 - 15:00
If you care to take part in this call, please email cstorer@imla.org.

Disaster Relief Webinar
2022-12-06 13:00 - 14:00
Emergency Pandemic Hotel Shelters: Legal Challenges and Lessons Learned
In the earliest days of COVID-19, jurisdictions across the country quickly stood up emergency pandemic shelters for those experiencing homelessness, often in hotels. These pandemic shelters operated far longer than expected and, in some cases, drew legal challenges. This presentation will address tips for defending against legal challenges to these emergency, life-saving efforts, as well as lessons learned and legal pitfalls to avoid.
Speaker: Devona Wells & Rebecca Holschuh

Federal Webinar
2022-12-07 13:00 - 14:00
Federal Circuit Court Trends
This presentation will examine trends in the federal circuit courts involving important constitutional issues for local governments. Topics covered will include social media cases and the First Amendment, homelessness case trends, Taking trends, novel Fourteenth Amendment arguments stemming from COVID-19 shutdowns, and the dormant commerce clause as it relates to short-term rentals.
Speaker: Amanda Karras

Prosecution Webinar
2022-12-13 13:00 - 14:00
Prosecuting Code Cases
This presentation will discuss pros and cons for taking the civil/administrative and criminal routes in prosecuting code cases. The presentation will discuss initial intake issues and concerns and the common errors and problems that come with them. The presentation will also discuss training and advising investigators and ethical dilemmas which may arise for Prosecutors.
Speaker: Samuel Adams & Felix Ramirez

Ethics Webinar
2022-12-15 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.

Construction Webinar - Free Live For IMLA Members
2022-12-21 13:00 - 14:00
Fundamentals of Alternative Project Delivery in Public Construction: CMAR and Design-build Mechanics
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This program will introduce municipal practitioners to the basic procurement and contracting distinctions between traditional public construction through “low bid” and alternative project delivery models including design-build and construction manager at risk (CMAR). As more states permit local government to use these progressive project delivery models, municipal counsel are increasingly called upon to structure procurements and contract documents that protect owners. This program will teach these mechanics through comparative instruction and reference to modified low-bid documents. As always, our popular “traps for the unwary” will be covered.
Speaker: Steven Torres

Police Alternatives Working Group Call
2023-01-09 14:00 - 15:00

Personnel Webinar
2023-01-10 13:00 - 14:00
Employment Law Challenges in the New Normal
Municipal employers are facing a variety of challenges in the post-pandemic, new normal workplace. This especially is the case with the advent of what is termed “long COVID,” which has been defined as “new, recurring or ongoing health problems” experienced at least four months after infection with the COVID-19 virus.
This program, presented by Jonathan R. Mook, will address the extent of long COVID among working age Americans and its economic impact as well as the legal ramifications for municipal employers. Whether long COVID is a disability and the right of COVID-19 long haulers to reasonable accommodations, including telework, under the Americans with Disabilities Act will be discussed.
Jonathan also will discuss the new composition of the EEOC and its initiatives in the areas of artificial intelligence, caregiver discrimination and LGBT rights. Special attention will be given to the Commission’s focus on mental health and substance abuse disorders and the ADA protections for employees who are taking prescription medication to address addiction.
Speaker: Jonathan Mook & Robin Cross

Diversity Working Group Call
2023-01-11 15:00 - 16:00
If you care to take part in this call, please email cstorer@imla.org.
Welcome back to everyone for the 2023 year! This meeting will be an open discussion on what DEI topics you would like to see in webinars, zoom meetings, and book clubs for the 2023 year. We are open to suggestions that either directly impact your local government, current issues, and/or programs and solutions you would like to spotlight.

Construction Webinar
2023-01-12 13:00 - 14:00
Alternative Project Delivery: What Went Wrong
Construction owners are seeking to find better methods of procuring construction projects than the traditional Design-Bid-Build method. Do you know what the advantages and disadvantages are of alternative project delivery methods such as Design-Build and CM At Risk? This presentation will explain the differences between these alternatives, and share best practices for how to make each method successful. Additionally, how disputes are handled will be discussed.
After attending this presentation, participants should be able to: (1) Describe reasons, expectations and results of increased use of Alternative Project Delivery; (2) Compare the Design-Build and CM@Risk methods based on the following: Advantages and disadvantages, Best Practices, How the Spearin Doctrine applies, and Potential areas of dispute; and (3) Explain unique dispute resolution aspects of Alternative Project Delivery.
Speaker: Bryan Payne & Lisa Jones

Small/Rural Communities Working Group Call
2023-01-17 14:00 - 15:00

Code Enforcement Webinar
2023-01-24 13:00 - 14:00
Public Rights-of-Way: Outdoor Dining and Management of Competing Uses
The COVID-19 pandemic gave rise to an explosion in the use of public space for private commercial use. Consequently, cities are tasked with balancing the interests of myriad nonexclusive licenses to use the public right-of-way. The program illustrates the complexities of managing diverse commercial and governmental interests, public safety, and maintaining a system of public roads, while considering the future of “Streeteries” in the City.
Speaker: James Kellet & Maggy White

Homelessness Webinar
2023-01-26 13:00 - 14:00
Strategies for Addressing Homelessness: the Colorado Springs Case Study
This presentation is a case study focusing on the intersection of legal and services-based efforts to address issues of homelessness. It will also discuss the unique impacts on this topic related to a city that has grown rapidly, lacks affordable housing, has a re-emerging downtown, and is home to a variety of different military installations, including a service academy. While the current legal landscape will be discussed, strategies beyond legislation that communities of all sizes can utilize will be presented as well.
Speaker: Marc Smith

Diversity Webinar
2023-02-02 13:00 - 14:00
Inclusive Language: An Ethical Guide
This presentation will cover language issues in legal writing pertaining to racial and ethnic terms, gender identity, and other forms of diversity. Attendees will participate in interactive activities designed to leave them better equipped to provide competent representation (Rule 1.1) and manage client communications (Rule 1.4) without disturbing the decorum of the tribunal (Rule 3.5). Presenters have created an Inclusive Language Guide for Legal Writing that will be available to all attendees.
Speaker: Zach Strassburger & Meghan Byrnes

Affordable Housing Webinar
2023-02-07 13:00 - 14:00
Creating Affordable Housing: Madison’s Experience
Creating affordable housing is a major challenge for municipalities everywhere. In addition to the politics, financing affordable housing deals requires combinations of lending programs and creative solutions to fill financing gaps. This presentation will discuss the problems in creating and financing affordable housing for families and students, and methods the City of Madison, Wisconsin has been using to solve these issues including tax incremental financing, the creation of an affordable housing fund, and permitting density in exchange for affordability.
Speaker: Kevin Ramakrishna

Personnel Webinar
2023-02-09 13:00 - 14:00
Everything, Everywhere, All at Once – Employment Law Overview
This presentation captures the essential elements of municipal employment law – without getting tangled up during the process. It will provide some road maps and guideposts to help navigate through the maze of federal and state statutory employment requirements along with discussion of some common issues that arise in public sector employment. Additional topics may be discussed.
Speaker: Roberta “Robin” Cross

New Lawyers Working Group Call
2023-02-13 14:00 - 15:00

Telecommunications Webinar
2023-02-21 13:00 - 15:00
Cell Tower Lease Rates and Sales
In the world of telecommunications law, one question rises to the top of the list: What is the going rent for a cell tower lease? This program will address that question, with industry statistics, which should be helpful for the thousands of landlords whose leases come up for renewal each year.
The program will also provide municipalities (and all property owners) with the basics of leasing land for a cell tower (or space on a building roof or other structure) for cell antennas, including why 5G has little impact. It is presented by two attorneys with decades of experience representing municipalities and other property owners on cell leases.
In general, the program covers 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 around 19 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 or use 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

Police Alternatives Call
2023-02-21 14:00 - 15:00

Diversity / Equity / Inclusion Book Club Meeting
2023-02-23 15:00 - 16:00
If you care to take part in this call, please email dshahnami@imla.org.
The 1619 Project: A New Origin Story by Nikole Hannah-Jones. This is a book that speaks directly to our current moment, contextualizing the systems of race and caste within which we operate today. It reveals long-glossed-over truths around our nation’s founding and construction—and the way that the legacy of slavery did not end with emancipation, but continues to shape contemporary American life.

Mid-Year Seminar Early Bird Rates End
2023-02-24 00:00 - 23:30
2023 Mid-Year Seminar
April 21-24, 2023
Washington, D.C.

Counties Working Group Call
2023-03-01 15:00 - 16:00

Preemption Webinar - Free Live For IMLA Members
2023-03-02 13:00 - 14:00
Curricular Preemption
CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.
This session examines state preemption of local school boards with regard to the content of curricula and educational materials. Divisive concepts in schools have been raised targeting the 1619 Project (a New York Times Magazine series reframing American history in the context of slavery and structural racism) and Critical Race Theory. This curricular preemption swept the nation and now the strategy has been expanded to preempt discussion of LGBTQ+ issues as well. This session will examine the trend of curricular preemption, from its origins to current iterations.
Speaker: Steven Nelson, Corinne Green & Marissa Roy
