IMLA News

Proposed Amended And Restated By Laws

At the Annual Meeting these amendments will be put to the vote of the membership.

Guidelines for Managing Mobility Data

The International Municipal Lawyers Association in partnership with the National Association of City Transportation Officials (NACTO) is pleased to announce the release of our joint Guidelines for Managing Mobility Data. With the rise in the mobility industry’s presence on public streets (e.g. Uber, Lyft, Bird, Lime, etc.) comes the increased capture of data. Ensuring user data is appropriately collected, handled, stored, and protected by both cities and companies alike is of increasing concern. While such data can provide essential information, allowing cities to create sound policies benefitting the community, it is necessary to provide adequate protections.

IMLA and NACTO’s joint policy guidance, Managing Mobility Data, providers a framework for sharing, protecting, and managing data based on the following principles:

Data is a Public Good: Cities require data from private vendors operating on city streets to ensure positive safety, equity, and mobility outcomes on streets and places in the public right-of-way.

Data Should be Protected: Cities and private companies should treat geospatial mobility data as they treat personally identifiable information (PII).

Data Should be Collected Purposefully: Cities should be clear about when, why, and what data is necessary for planning, analysis, oversight, and enforcement purposes.

Data Should be Portable: Open data standards help cities and private companies to share data in universal formats, enabling cities to use data from multiple sources, and supporting innovation in both the public and private sectors.

This guidance policy provides cities with guiding principles for the implementation of common-sense approaches to reduce the risk of data breach, thereby protecting consumers. Both IMLA and NACTO hope that these guidelines are not only implemented by cities, but the private sector as well.

If you have any questions about the Guidelines or issues accessing it, please email nsanjar@imla.org.

IMLA Forms a Dockless Guidance

We have formed a Dockless Guidance to address the challenges this technology has brought to cities. Dockless scooters and bikes present an interesting regulatory challenge because they often do not fit into existing regulations.

IMLA Creates a Compensation Report

IMLA creates a Compensation Report to help provide a tool for municipalities with budgetary responsibilities and bench-marking.

The Compensation Report is the result of research and analysis conducted by IMLA that culminates in an approximately 85-100 page report related to local government attorney salaries. The report includes salary data for 26 job classifications, including both attorney and support staff position.

The success of the report depends on generating a large volume of responses. Your responses will be used to create a salary management tool for local government attorneys that you can use to support your budget. If you fully complete the survey, you will receive the results of the survey absolutely free

The pricing structure for the results will be:

IMLA Members who complete the survey – FREE

IMLA Members who do NOT complete the survey – $199

IMLA Nonmembers who complete the survey – FREE

IMLA Nonmembers who do NOT complete the survey – $499

DEADLINE: Please fill out the survey no later than December 14, 2018

New President Announced

IMLA Announces our new President, Andrew J. Whalen, III.

2019 Kitchen Sink Subscriptions

2019 Kitchen Sink Subscriptions are available for sign up!

IMLA Creates a Model Dangerous Dog Ordinance

We have created a Model Dangerous Dog Ordinance with the help of Best Friends Animal Society. This behavior-based Model is intended to assist local government attorneys involved in drafting legislation aimed at regulating the ownership and care of dangerous dogs and reckless owners. The new model ensures breed-neutrality and is behavior-based with provisions regulating reckless owners. This is a new benefit for IMLA members available in our Resource Library!

Mega Bundle Deal - A Can't-Miss Opportunity!

Need CLE’s for 2018? IMLA currently offering a MEGA Bundle Deal that runs until December 15th, 2017 for members AND non-members. This mega deal entails 1 registration to the Mid-Year Seminar, 1 registration to the Annual Conference AND access to IMLA’s 40+ CLE webinars for the ENTIRE office for just $1,300. It’s a can’t miss opportunity. Register today before it expires!!

Airbnb, Inc. v. City of Santa Monica

In a victory for Santa Monica and local governments in the Ninth Circuit, in Airbnb, Inc. v. City of Santa Monica, the Ninth Circuit upheld the City’s regulation of short-term rentals, concluding they were not preempted by federal law. Thank you to our amicus author, Christi Hogin, for her excellent work on IMLA’s behalf.

City of Philadelphia v. The Attorney General of the United States

In a big win for Philadelphia, the Third Circuit held in City of Philadelphia v. The Attorney General of the United States, that the addition of new immigration related conditions to the Byrne Jag grant violated the Administrative Procedure Act and the Attorney General did not have the authority to impose them. Thank you to our amicus author, Justin Houppert, for his great work on our behalf.

Agua Caliente Band of Cahuilla Indians v. Riverside County

In a great win for Riverside County, the Ninth Circuit upheld the County’s right to assess and collect a possessory interest tax from non-Indian lessees of Indian trust lands.  This case, Agua Caliente Band of Cahuilla Indians v. Riverside County, was important to IMLA due to our interest in preventing unwarranted preemption of local laws as well as our concern that the loss of tax revenue for the Riverside County and potentially other local governments in the Ninth Circuit would be extremely disruptive. Local governments in California are restricted in their ability to raise revenue.  Thus, without a way to raise enough revenues through other sources, counties would be expected to provide services to their residents such as public safety, emergency response, water delivery, parks and recreation while facing an economic deficit.   Thank you to Jennifer Henning with the California State Association of Counties for her excellent work on the amicus brief on behalf of IMLA and CSAC in this case.

City of Miami v. Wells Fargo

In a great first step victory for the City of Miami, the Eleventh Circuit held that the City has plausibly alleged a claim under the Fair Housing Act based on Wells Fargo and Bank of America’s discriminatory lending practices which resulted in large numbers of foreclosures throughout the city. Specifically, the court held in City of Miami v. Wells Fargo: “the City has adequately pled proximate cause when it comes to its tax-base injury because the Banks’ redlining and reverse-redlining practices bear some direct relation to the City’s fiscal injuries. There is a logical and direct bond between discriminatory lending as a pattern and practice applied to neighborhoods throughout the City and the reduction in property values. Third parties are involved, but the harm to the City is not contingent on their actions when considered in the aggregate. There is no discontinuity between the violation and the harm. Bad loans in the aggregate will mean foreclosures in the aggregate, which will mean loss of property value and a reduction in the tax base.” The court rejected the city’s claims related to increased municipal expenditures, finding these damages are not cognizable under the FHA because there were too many intervening actors and no way to isolate the injury attributable to the banks in the case of increased municipal expenses. The court noted that this was at the motion to dismiss stage, so it was merely concluding that the City’s claims meet the plausibility standard under Iqbal and Twombly. As you may recall, this case was before the Supreme Court a couple of terms ago and at that time, the Court confirmed that the City of Miami’s alleged injuries “fall within the zone of interests that the [Fair Housing Act] protects.” However, the Court rejected “foreseeability” alone as a sufficient standard for establishing proximate cause under the FHA. The Court remanded to the Eleventh Circuit to “define, in the first instance, the contours of proximate cause under the FHA,” noting that proximate cause requires “some direct relation between the injury asserted and the injurious conduct alleged.” Thus, the conclusion that the City had sufficiently pled an injury in terms of its lost tax revenue to meet the FHA’s proximate cause requirements was a great win for the City. We would like to thank our pro bono author, Professor Justin Steil for his great amicus brief on behalf of IMLA.

T-Mobile v. San Francisco

T-Mobile v. San Francisco presented a great victory for San Francisco and local governments in California, where the California Supreme Court concluded that San Francisco’s ordinance requiring wireless telecommunications companies to abide by the City’s established aesthetic guidelines when obtaining permits to install and maintain their lines and equipment in public rights-of-way was not preempted by state law. The court concluded that it was well within the local government’s police powers to enact the ordinance and that the ordinance was therefore not preempted by state law. IMLA would like to thank our amicus author, Jeffrey Melching, for his excellent work on our behalf.

Deferio v. City of Syracuse

In another IMLA victory, the Second Circuit sided with the City of Syracuse that the plaintiff failed to establish a Monell claim against the City based on permits that it issued for a gay pride festival. In the case, Deferio v. City of Syracuse, the plaintiff, a sidewalk preacher, claimed the City could be liable under Monell because, according to the plaintiff, the City had given “proprietary control” to a private entity over public sidewalk. The court rejected this argument, explaining that to the extent that the training bulletin on City permits may allow some permits to cover sidewalks, “that alone does not establish an unconstitutional policy because a municipality is not per se barred from restricting protected speech on sidewalks or other public fora.” The court went on to explain that the permit did not give the festival “proprietary control” over public sidewalks, instead it allowed for the exclusive use of sound amplification in certain areas for the festival and that did not violate the plaintiff’s First Amendment rights. Congratulations to the City of Syracuse on the victory and thank you to our excellent amicus brief author Shannon O’Connor at Goldberg Segalla.

IMLA Summit

The International Municipal Lawyers Association is hosting a full day summit to focus on issues unique to cities which are also the home to a college or university. This is an inaugural event that will allow local government attorneys to come together in an informal environment to share experiences and learn from the successes of peer cities in handling common challenges such as:

  • boom in “luxury” student housing construction
  • game day rentals (VRBO, AirBnB, HomeAway, etc.)
  • disruptive technology
  • controlled substance regulation/compliance/enforcement
  • parking, public transportation
  • free speech
  • historic preservation
  • density
  • affordable housing
  • resource sharing (police, fire, open space), etc.

The format will involve an evening reception on August 7th, followed by a full day of sessions on August 8th. Opportunities for networking and collaborative problem-solving will abound.

24th Annual Provincial/Municipal Government Liability

The Canadian Institute’s

24th Annual Provincial/Municipal Government Liability
Strategies for Managing and Mitigating Your Municipal Liability | March 20, 2018 | Toronto

IMLA members SAVE 15% on registration! Mention discount code: D15-402-402CX02

Mega Bundle Deal - A Can't-Miss Opportunity!

Need CLE’s for 2018? IMLA currently offering a MEGA Bundle Deal that runs until December 15th, 2017 for members AND non-members. This mega deal entails 1 registration to the Mid-Year Seminar, 1 registration to the Annual Conference AND access to IMLA’s 40+ CLE webinars for the ENTIRE office for just $1,300. It’s a can’t miss opportunity. Register today before it expires!!