IMLA

February 27- Ethics; New Government Lawyer Series
2018-02-27 13:00 - 14:00 (America/New_York)
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
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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
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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
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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, 2017-03-20 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

Cell Tower Leases
2017-03-27 13:00
Cell Tower Leases
Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. 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

Protecting Community Cats: Law and Policy Considerations
2017-03-22 13:00
Protecting Community Cats: Law and Policy Considerations
This session will give an overview of definitions and key provisions of local ordinances that can make or break a community cat program. Additional model drafting considerations regarding community cat programs wills be covered. Review and discussion regarding issues commonly related to these ordinances, such as the problem with feeding bans, and progressive nuisance-related provisions. The program will also address state statutory schemes as well as pertinent Federal statutory and regulatory schemes, and how those may affect considerations for ordinance drafting and enforcement.
Speaker: Richard Angelo
2017 Distance Learning

Getting Energized for Automated Vehicles
2017-03-15 13:00
This webinar will provide an update on the regulatory path being paved with the release of the Federal Automated Vehicles Policy. Presenters will provide an update on federal policy, national legal developments and federal grant opportunities associated with automated vehicles. Additionally, practical guidance will be provided for the safe and successful implementation of shared mobility networks and driverless vehicle technologies into cities, including reducing risks in pilot projects, planning for infrastructure needs, and achieving energy efficiency through advanced transportation technologies. Technology is quickly merging with transportation and our speakers look forward to helping webinar attendees navigate the legal and policy considerations with automated vehicles.
Speakers: Gregory Rodriguez, Steven DeBaun & Ryan Baron
2017 Distance Learning

Fair Housing Act Update
2017-03-13 13:00
Fair Housing Act Update
Speaker: Dwight H. Merriam & Daniel R. Mandelker
2017 Distance Learning

The EEOC’s new Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace
2017-03-08 13:00
The EEOC’s new Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace
Part of the focus of this webinar will be on the protected Classes that the EEOC will be targeting, especially Religion and Ethnicity.
Speaker: Lawrence Lee
2017 Distance Learning

Municipal Liability Claims under 42 USC 1983 – Issues and Concerns
2017-03-01 13:00
Municipal Liability Claims under 42 USC 1983 – Issues and Concerns
“Deliberate Indifference” as a Workable Standard of Conduct for Municipal Liability – Canton v. Harris and its offspring, Canton, Bryan County, and Connick….
Single Incident Monell Liability Threatens to Create Strict Liability in 42 USC 1983 Litigation
• Circuit Court split.
• Expert evidence / testimony can substitute for the policy, pattern or practice, or custom.
How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Does Los Angeles v. Heller really mean that if there is no individual constitutional violation on the part of the municipality’s employees, then there can be no “municipal” liability under the applicable constitutional standard.
• The “collective conscience” theory of liability.
• Circuit Court split.
How does the 14th Amendment “substitute” for the Eighth Amendment in pre-trial detainee claims against municipalities for failure to protect and conditions of confinement litigation in correctional facilities / jails, etc.
• Traditionally 42 USC 1983 has to be tethered to a “bill of rights” violation, first, fourth, eighth amendment, which have built in standards; 14th amendment is not such a “right” in and of itself.
• State tort law usually serves as the anchor point; 14th amendment claim has no such tether to 42 USC 1983 (so, where’s the tort?)
How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Individual standards changing, see Kingsley (Roberts statement); Costa coming back up?
• What about subjective / objective after Kingsley
• Fourth Amendment or Fourteenth – failure to protect / excessive force claims and the problem with imposing liability in the correctional environment.
• Is it “clearly established” right, duty, or law? Clearly established and qualified immunity.
• Municipal jails cannot serve as surrogates for mental health treatment facilities.
Speaker: Carson J. Tucker
2017 Distance Learning
