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New employment laws and recent decisions include everything from the new Pregnancy Fairness Act, the Supreme Court’s recent expansion of the rights of religious employees to reasonable accommodation and using AI in the workplace. If ensuring compliance with those was not enough, the Equal Employment Opportunity Commission and the Department of Labor are now expected to implement a slew of worker-friendly priorities. This webinar will address the significant labor and employment law developments that are, and will be, affecting your operations and the landscape of employment law.
Speaker: Jonathan Mook & Robin Cross
Join experienced land use and local government law practitioner David Warner in this webinar as he explores property rights, regulation of private property, planning, zoning, subdivisions and other modern legal issues in land use law. For those new to land use law, this is a primer on the up-to-date basics you need to know to spot issues and to determine the appropriate course of action. For the experienced practitioner, this presentation not only serves as a refresher course, but also includes new points of law that have developed in recent years, which impact the basics.
Speaker: David Warner
An introduction to what Artificial Intelligence is and how its use intersects with the ethics of the legal profession. Discussion includes ABA model rules:
The topic also covers what elements to include in a city policy on the use of AI and a review of some sample city policies.
Speaker: Cathy Cunningham & Teneé Frazier
This webinar will cover strategies and insights for attorneys to create a culture of wellbeing in the workplace that is inclusive and psychologically safe for everyone. This includes acknowledging that different people have different needs and can be accomplished by encouraging collaboration, safe and transparent communication, setting clear expectations and being flexible about accommodations. The benefits are increased wellbeing, higher productivity and less stress in the workplace.
Learn more about how to facilitate this in your workplace including:
Speaker: Diane O’Connell
This session will consider practical tips and strategies for the City Attorney in working with problematic City Council members.
Speaker: Patrick W. Baker & Kimberly Rehberg
Municipal attorneys are experts in recovering monies owed to the government by enforcing liens, collecting taxes, fees and fines. Environmental lawyers for municipalities are often consumed with regulatory actions, transactions related to solid waste disposal, and defense work. Often uncollected are the large claims municipalities may have for damage to municipal water systems (drinking water, wastewater, stormwater) and other municipal properties and facilities relating to environmental contamination or other adverse impacts. This webinar surveys the universe of claims municipalities can and do pursue against large corporations for environmental harms. It is aimed to stimulate thinking on how to identify and pursue accountability for harms to public resources and the public health, as well as to create new revenue streams based on harms negatively impacting the community and to hone the enforcement tools in the municipal lawyer‘s tool box.
Speaker: Kyle J. McGee, Viola Vetter, Suzanne Sangree, Jason H. Wilson & Juliana Carter
Tailored for attorneys, this webinar will delve into essential topics encompassing health and lifestyle choices. Specifically designed to address the unique challenges faced by professionals with sedentary lifestyles, such as attorneys, this session sheds light on preventable and reversible health issues. Chronic disease is the number one cause of death and disability in the US. Heart disease, strokes, cancer, diabetes, dementia, and the accompanying physical impairment can prevent attorneys from competently representing clients & diligently performing services.
Speaker: Gary Laturno
Lost productivity claims are common on public works construction projects. Contractors bid fix priced contracts assuming a set level of productivity with narrow profit margins. However, projects rarely proceed according to plan, but instead, unwanted events occur that can cause out-of-sequence work, delays, accelerations, trade stacking, overtime shifts, diluted supervision, and supply problems resulting in total cost claims. This presentation discusses the owner’s best practices defending against such claims.
Speaker: Mark Guevara & Jennica Dycus
This course overviews obstacles to lawyer wellness and examines evidence-based strategies for building or maintaining mental health while engaging in the very demanding practice of law.
Speaker: Michelle Fontenot
Whether you are a defense lawyer or legal advisor, this webinar will help you to stay current on recent developments in police liability under 42 U.S.C. § 1983. After a brief refresher on claims and defenses, the program will turn to recent developments: consensus policies on use of force; chokeholds and neck restraints after George Floyd; de-escalation and use of force against emotionally disturbed subjects; the latest on shooting at vehicles and vehicular pursuits; best practices on the use of force during protests and demonstrations; restrictions on no-knock warrants after Breonna Taylor; and the duty to intervene to prevent the misconduct of others. The program will end with a discussion about reducing money damages in high profile cases with inflammatory facts. All this, plus links to resources you can use in your practice.
Speaker: Wayne Beyer
Local government offices and agencies across the country are experiencing an ever-growing increase of First Amendment audits, a phenomenon involving disruptive visitors entering public spaces armed with video cameras and an intent to provoke reactions from public employees. This presentation discusses what First Amendment audits are, the legal framework governing filming in public spaces, and how local government agencies should prepare for and respond to First Amendment audits.
Speaker: Deborah J. Fox & Kristof D. Szoke
Medical debt impacts over 100 million Americans. It affects people’s ability to access affordable credit, find quality housing, or even obtain a job. This session will examine how the CFPB has combated the burden of medical debt and how local consumer protection agencies can join the fight.
Speaker: James “Jim” Savage & John McNamara
In December 2020, the Federal Communications Commission (“FCC”) issued the Broadnet Order on Reconsideration holding that cities and their contractors who initiate automated phone calls and text messages (“robocalls”) are subject to the federal Telephone Consumer Protection Act of 1991 as well as associated FCC rules and orders. In July 2023, the FCC updated its rules to require cities to comply with certain standards, which previously only applied to telemarketers, when making robocalls to residential lines for a non-commercial purpose. This webinar discusses the applicable federal laws governing robocalls, practical considerations and best practices for cities when making robocalls to citizens, and the impact of the new FCC rules to cities.
Speaker: David Johnson
So much of the practice of law involves decision-making, and convincing others to make better decisions based upon fact rather than emotion. This course is intended to guide the attendees to appreciate how they involuntarily make decisions and guide them to recognize and prevent bias, and to know how to effectively communicate with persons whose bias affects others.
Speaker: Claude E. Ducloux
This webinar will discuss administrative warrants as a necessity for code enforcement inspections. We will discuss the differences between an administrative warrant as opposed to criminal warrants. Followed by a review of the case law requiring code enforcement officers to obtain one, the process, and scenarios.
Speaker: Savita Rai & Samuel Adams
In cases involving alleged police misconduct, civil suits seeking damages are usually brought against individual officers under Title 42, United States Code, section 1983, though sometimes units of local government employing the officers are also named as defendants. The unit of government that employs the officer is usually obligated to provide a defense for the officer-defendant, and to indemnify the officer for legal costs, including the payment of judgments and settlements of actions arising from the scope of employment. Individual officers named as defendants accordingly are represented by attorneys whose fiduciary obligations run to the officer, not the municipality or other governmental entity that employs the officer. These attorneys have an ethical obligation to keep evidence of their clients’ misconduct from their clients’ employers, even if this leads to expensive settlements paid by the employer. Thus, there is a serious potential conflict of interest between the interests of the individual officer named as a defendant that the officer’s employer, raising important issues of both ethics and public policy. This presentation will outline those conflicts and suggest how they may be best navigated by municipal attorneys, even when they must hire or supervise attorneys representing individual officers entitled to indemnity, while also protecting the interests of their governmental client.
Speaker: Lawrence Rosenthal
This webinar is a follow-up to a previous session on drafting enforceable short-term rental regulations. After the often rigorous procedure of adopting comprehensive short-term rental regulations, navigating the new enforcement landscape – and any resulting legal challenges – presents a new set of difficulties, particularly in light of the ever-changing nature of short-term rental operations and the continuing lack of definitive case law on key short-term rental issues. This presentation will discuss suggested approaches to enforcement, including coordination with code enforcement and prosecutors; options for neutralizing threats of litigation; and strategies for responding to common claims raised in short-term rental litigation.
Speaker: Rachel Raggio
This session will tentatively cover the following topics:
Speaker: Ken Nourse
This CLE will focus on the current challenges faced by government lawyers assisting their clients in navigating their state’s public information act laws. It will discuss trends and best practices for navigating this ever-changing field.
Speaker: Hilary Ruley
This CLE will show how cable franchises are still important contracts for local governments, discuss the impact of streaming video on these contracts, and review recent litigation and legislation. We will discuss how modern broadband franchising could be used to best ensure equal access to broadband, including a review of current litigation, legislation, the BEAD program, the Internet Tax Freedom Act (ITFA), and FCC advocacy. We will also review the FCC’s Digital Discrimination Order, municipal participation in the docket, and its appeal to the Eighth Circuit.
Speaker: Michael “Mike” Bradley
It is important to accommodate wherever possible any employee with a disability who needs the accommodation of a service animal. As an employer, you need to understand what a service animal is, what is a reasonable expectation and request from you, and how to blend all of that. Not always easy, but we have some suggestions. Join us for the answers!
Speaker: Joanie Winters
Construction contracts can be hundreds of pages. This presentation will identify and explain the handful of key clauses that are frequently central to disputes and litigation between contractors and public owners. The speakers will provide typical language, describe the intended purpose, give real world examples, and offer key take-aways for the following important contract provisions: differing site conditions, quantity variations, scheduling, time extensions, and compensation for delay.
Speaker: Greg Holness, P.E., Esq. & Haswanth Venkatavijayan
Join experienced environmental law practitioner Rich Glaze in this webinar as he explores the impacts of recent Supreme Court interpretations of what constitutes a “water of the United States,” how the EPA/ACOE WOTUS rule reflects these rulings and how (or if) these rulings affect municipalities.
Speaker: Rich Glaze
Join Jeannine Williams, Chief Assistant City Attorney for St. Petersburg, Florida, for an insightful discussion on advising council members on Diversity, Equity, and Inclusion (DEI) initiatives. In this presentation, Jeannine will delve into the principles of accountable government and share strategies for tailoring your advice to council members while maintaining objectivity.
Attendees will also gain valuable insights into the various DEI initiatives successfully implemented by the City of St. Petersburg. These initiatives include conducting a structural racism study and a disparity study, undertaking affordable housing projects, and redeveloping the Historic Gas Plant District.
Don’t miss this opportunity to learn from Jeannine’s expertise and learn how you can effectively guide your council members when implementing DEI initiatives within your community.
Speaker: Jeannine S. Williams
The proliferation of the short-term rental industry has left local governments throughout the country contemplating how to balance protecting the character and integrity of their municipality while providing the necessary services resulting from increased traffic and tourism, among other things. This course will provide an overview of the tools available at the local level to regulate short-term rentals, as well as a case law overview analyzing how different jurisdictions treat short-term rentals. The session will conclude with tips on drafting local legislation that will survive court scrutiny (of course, results are not guaranteed).
Speaker: Katie Hodgdon
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
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
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
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
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
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
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
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
This session examines state preemption of local school boards with regard to the content of curricula and educational materials. Conservative groups like the American Legislative Exchange Council have raced a fervor about “divisive” concepts in schools, 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
This presentation will discuss the federal restrictions on local governments’ use of public, education, and government (“PEG”) fees paid by cable operators to support local government PEG channels, pursuant to the federal Cable Communications Policy Act of 1984. Unlike some types of municipal revenue and funding sources, which carry no restrictions regarding how they may be spent and which are designated for the general fund to be used anywhere needed, the use of PEG fees is limited. Although trying to fit PEG fees into a local government’s budget may be challenging at times, Federal Communications Commission orders and court cases provide guidance on the purposes for which local governments may and may not use PEG fees. This presentation will also cover a series of PEG “FAQs” to assist municipal lawyers in advising local government clients, relative to the limited purposes for the use of PEG fees.
Speaker: David Johnson
Safe and humane communities are a priority. Have you examined your animal services ordinances to ensure they effectively address real not perceived nuisances? Are they written so they can’t be weaponized in petty neighborhood arguments wasting the time of your field services workers? We will examine some creative habitual nuisance ordinances and provide examples of creative solutions to your animal issues.
Speaker: Ledy VanKavage & Katie Barnett
Since 2016 the ABA and the ABA Commission on Lawyer Assistance Programs has heightened focus on Lawyer Well-Being. Often neglected in general “wellness” programs, “well-being” represents not only mental and emotional health, but life satisfaction, purpose, and fulfillment. This presentation explores some of the elements that boost well-being, including Zen and how to incorporate it, as well as a review of habits and practices recommended in the ABA activities workbook published in The Lawyer Well-Being Toolkit for Lawyers and Law Firms.
Speaker: Noreen Braman & Paula Garra Sawyer
The United States Freedom of Information Act (FOIA) and similar state-level open records statutes are intended to promote transparent government operations. However, when public agency owners encounter construction disputes, such “sunshine laws” may become an obstacle to resolving them. This presentation will explore the vulnerability of consultant work product to public records act demands against the intersection of attorney-client and work product privilege.
Speaker: Bryan Payne & Charles Montgomery
Municipal attorneys are often asked, “Can we do this?”, when “this” relates to getting, spending, and borrowing money by their municipal clients. This session will consider the essential legal issues attendant to that question. We will discuss basic constitutional issues like public purpose, corporate purpose, and lending of the public credit; the theoretical distinction between taxes and fees; the legal ramifications of that distinction; and other limitations on the ways that municipalities can get and spend money. We will also briefly consider the role and types of municipal borrowing. Because the laws vary widely from state to state, the session will focus on issue spotting and general questions that the municipal attorney should consider when asked financial questions.
Speaker: Eric Shytle
This session examines state preemption of local authority to protect tenants and expand access to affordable housing, particularly following the implementation and expiration of emergency measures passed during the COVID-19 pandemic. Many state legislatures, in both “red” and “blue” states, preempt local governments from increasing housing supply, crafting inclusionary zoning, or implementing rent regulations to alleviate housing unaffordability. This dynamic often came to a head during the COVID-19 pandemic as local governments sought to impose eviction moratoriums and extend other support to burdened renters. The sunset of these provisions during a time of high inflation and projected recession has demonstrated the need for continued local government leadership on equitable housing policies, and even where state preemption exists. Local governments may still be able advance housing equity despite preemption and there are ways that municipal attorneys can help local leaders navigate this complex landscape.
Speaker: Nestor Davidson, Berbeth Foster & Marissa Roy
This webinar will address the practical implications of recent Supreme Court decisions about the Free Exercise and Establishment Clauses. Led by a practicing First Amendment lawyer and a First Amendment specialist at UVA Law School, it will cover religious exemptions from civil rights law, prayer in public schools, school funding decisions, and ways in which rhetoric about religious freedom can affect case outcomes. Both of the speakers have substantial expertise working with (and representing) local governments, and will aim to provide useful guidance to lawyers seeking to navigate the Supreme Court’s rapid transformation of the First Amendment.
Speaker: Joshua Matz & Richard Schragger
Where we’ve been and where we can go. This presentation will discuss lessons learned and recent trends related to regulating short-term rentals (STRs). This includes the application of the dormant commerce clause, due process, equal protection, and takings provisions of the Constitution; and the role of zoning tools, regulating platforms, and business regulations in improving compliance. Lastly, this presentation will consider what success looks like.
Speaker: Patricia “Trish” Link & Ashley J. Becnel
This seminar will delve into municipalities’ powers to regulate and protect historic properties. Highlighting new research covering the 11% of municipalities with local preservation ordinances, the seminar will outline the scope of this expanding regulatory sphere. Then the presenters will explain how municipalities may become federally-recognized “certified local governments” and play a role in federal historic preservation review processes, with a focus on Section 106 of the National Historic Preservation Act. Finally, they will discuss recent federal guidance influencing local policymaking.
Speaker: Sara Bronin & Kelly Fanizzo
Figuring out the optimal level of advocacy can be tricky, especially when you write. You don’t want to oversell your case. But you don’t want to undersell it either. This workshop will give you a number of tips and techniques you can use to find your own sweet spot of persuasion.
Speaker: Patrick Barry
How do municipal lawyers manage their mental health and maintain their wellbeing, while balancing their responsibilities? This program will discuss the challenges of managing mental wellbeing while maintaining ethical responsibilities in the unique position that many municipal attorneys need to navigate on a daily basis. We will explore practical techniques for setting boundaries without compromising career growth, mindfulness practices to reduce stress, enhancing decision-making and communication for improved inclusion, and leveraging benefits to enhance overall wellbeing.
Speaker: Diane O’Connell
In popular culture, fictionalized versions of police encounters often depict officers flawlessly shooting a gun out of a suspect’s hand. However, it is crucial to address the unrealistic nature of such scenarios in real-life law enforcement. This webinar aims to shed light on key topics, including the impact of life-and-death situational stress, the training officers receive, and the limitations of video evidence captured by body-worn cameras (BWC) and cell phones. By understanding these critical aspects, municipal attorneys can effectively convey accurate and informed messages to jurors, judges, insurance adjusters, and the general public.
Speaker: Beth Mohr
The presentation will provide sound and up-to-date guidance on ensuring that animal-related ordinances are in line with current case law. The presentation will assist cities and counties in preparing their respective animal-related ordinances before legal action occurs. The presentation will provide basic ordinance guidelines and tips, as well as more specific guidance on ordinances related to dangerous dog determinations, aggressive animals, ownership, leash laws, and tethering. Several of the examples in the presentation will be related to Texas, however the presentation generally applies across all jurisdictions, based upon specific case law respective to each.
Speaker: Robyn Katz
Understanding form-based codes is important for lawyers involved in land development as they offer a tool for achieving urban planning goals and creating more livable communities. This presentation will discuss the use of form-based codes in regulating land development to achieve a specific urban form. The webinar will also discuss how these codes prioritize physical form over land use, promoting predictable built results and a high-quality public realm through municipal regulations using examples of form-based code such as Miami 21 to illustrate the effectiveness of form-based codes along with other topics to be discussed.
Speaker: Chad Friedman
With the ongoing labor shortage, businesses may be tempted to explore alternative worker arrangements, such as engaging independent contractors. This session will cover the complex landscape of worker classification rules at the state, federal, and local levels. Gain valuable insights from recent litigation, specifically examining how these rules are affected during changes in administration.
Speaker: Trina Chernos
In 2022, Austin v. Reagan reaffirmed the ability of your community to regulate on-premises and off-premises signs (billboards), and to regulate commercial speech differently from non-commercial speech. While Austin moderates some of its impact, the 2015 Reed v. Town of Gilbert content neutrality framework remains largely in place. It constrains how communities deal with temporary signs, and continues to require a high degree of rigor in drafting.
This webinar includes a panel of experts who will describe the latest developments and how Austin and subsequent cases affect best practices for city sign regulations. Communities interested in ensuring that they have constitutionally-compliant sign ordinances will want to attend.
Speaker: Susan L. Trevarthen, Mark White & David Hickey
This program will introduce municipal counsel to key differences in procurement, contract drafting, contract and claims administration and liability for Construction Manager at Risk (CMAR) delivery. CMAR contracts are emerging on the municipal construction landscape as valuable tools in the public owner’s toolbelt. As public owners turn to these project delivery models, municipal officials will turn to municipal counsel for answers. Learn both the subtle and gaping differences in the procurement and contract models, since this is not your grandparent’s low bid procurement. Program participants will learn effective two-step procurements for CMAR, best-value procurement and how to protect your municipality with tried and tested revisions to standard form industry contracts. The program wraps up with our signature “Traps for the Unwary.
Speaker: Steven “Tip” Torres
Join experienced environmental law practitioner Rich Glaze in this webinar as he explores new challenges and opportunities for municipalities in environmental regulation, including compliance under the Biden administration, EPA Brownfield Grants, and current legal issues surrounding PFAS and emerging contaminants in areas such as airports, wastewater treatment, and drinking water. Rich’s extensive experience in defending companies, municipalities, and individuals in environmental law matters makes this webinar a valuable resource for attorneys that practice municipal law.
Speaker: Rich Glaze
Regulating short-term rentals has become a significant issue for municipalities throughout the United States. In Texas, traditional ordinances governing land use and zoning do not always provide adequate regulations to preserve the character of residential neighborhoods amid an influx of short-term rental uses. When trying to regulate these uses, the priorities of local governments and residents have clashed with certain rights and interests of property owners and rental occupants. In the absence of definitive legislative or judicial guidance, drafting short-term rental regulations becomes a balancing act. This presentation will discuss approaches to drafting short-term rental regulations that balance those competing concerns and solve problems instead of creating further issues.
Speaker: Rachel Raggio
Artificial intelligence (AI) is a powerful tool that has the potential to revolutionize the way in which governments work. AI-powered tools are already being used to review documents, conduct legal research, and write descriptions for webinars. However, the adoption of AI also comes with many risks, such as misinformation, bias, and discrimination. This webinar will explore the legal, ethical, and practical risks of AI adoption in government and will also discuss the possible solutions to these risks.
Speaker: Andrew B. Dunkiel
Municipalities are often defendants in court, but increasingly they have become plaintiffs, suing a variety of industries and seeking remedies for city-wide injuries that also further public-policy goals. The climate-change litigation provides a prism for understanding how state law can provide some of the tools for this type of litigation and the types of roadblocks defendants throw up to reliance on state law through removal to federal court and the use of federal-officer removal to mount appeals that can delay proceeding to the merits. With cases now pending before the U.S. Supreme Court, the litigation has the potential to establish a clearer path for municipalities as plaintiffs.
Speaker: Robert Peck
A presentation discussing key considerations for governmental entities creating regulations that require permits for public protests and demonstrations. The webinar will cover the First Amendment standards for prior restraints – including strict scrutiny, intermediate scrutiny, limiting the discretion of government officials, justifications supporting the regulation, narrowly tailoring the permit requirements, content neutrality, and permit conditions.
Speaker: Ian Williams
Addressing community issues such as lack of access to affordable housing and infrastructure, economic and health disparities, sustainability, and systemic racism requires sound legal advice. Best practices include creating an environment where creative solutions to social issues are valued and respected and diversity, equity, and inclusion (DEI) are fundamental principles. This discussion will include DEI policies and state preemptions surrounding these policies, including structural racism initiatives; anti-LGBTQ+ legislation; environmental, social and governance limitations; and the resulting protests surrounding these issues.
Speaker: Jeannine S. Williams
Have you ever listened like a cow? Predicted United Nations membership? Determined how to make an offer? In this session you will learn how issues in understanding, planning, and executing negotiations creates barriers to reaching resolution. Immediate Past Chair of the ABA Section of Dispute Resolution and University of North Dakota Law Dean Brian Pappas will provide the exercises and information that will give you new tools and ideas for making your next negotiation a success.
Speaker: Brian Pappas
There has been an increase in private citizens, known as First Amendment Auditors, engaging in activities against local governments designed to provoke a response that violates the First Amendment. First Amendment audits typically involve an individual photographing or filming his or her surroundings from a public space, and is often categorized by its practitioners as activism and citizen journalism designed to test whether local government officials will uphold the auditor’s constitutional rights – including the right to photograph and video record in a public space. There is a growing consensus of federal Courts of Appeals holding that the First Amendment generally protects the rights of citizens to film or record public officials, including police officers, performing their duties in public. However, the right to film is not absolute, as it is subject to a reasonable time, place and manner restriction. It is important for local governments to understand the rights involved and how to distinguish protected behavior from unprotected behavior, so as to ensure these matters are appropriately handled by local government officials in order to limit potential liability.
Speaker: James Benjamin & Bambi Glenn
This presentation will discuss ABA Rules 1.1, 1.2, 1.3 and 1.7 when discussing the challenges faced with representing cities. Rule 1.3 addresses organizations as clients, and Comment 1 touches upon entities acting through their officers, directors, etc. Complexities arise when Rule 1.1 calls for competent representation and the need to abide by client decisions under Rule 1.2, but individual city officers find themselves in positions contrary to the city they serve. Rule 1.7 provides guidance on Conflicts of Interest. Rule 1.3 requires lawyers dealing with a city’s officers to explain the nature of the relationship and address when interests diverge. This presentation will provide a variety of scenarios and pose hypothetical questions illustrating these points.
Speaker: Alan Bojorquez
Municipal attorneys need to handle a wide variety of legal responsibilities, some unique to local government. The number of issues and topics requiring legal proficiency can be overwhelming. This presentation will help city and county attorneys develop a plan for navigating their initiation into local government law. While this webinar is designed for attorneys who are new to local government, experienced municipal attorneys can also benefit from a review of the basics of municipal law.
Speaker: Roger Horner
As Leslie Knope (Amy Poehler) from the show Parks and Rec humorously stated: “What I hear when I’m being yelled at [during a public meeting] is people caring loudly at me.” This presentation will explore the benefits of public comment, some of the issues commonly associated with public comment, and what you can do to address those issues.
Speaker: Randall Van Vleck & Todd Sheeran
As communities across the country continue to examine ways to improve outcomes and reduce the costs of interactions between police officers and individuals experiencing mental illness, many have adopted a risk management approach. This presentation will examine the potential benefits of embedding mental health co-responders within police departments. The potential benefits include increasing the safety of those involved in such encounters; helping ensure that people experiencing mental illness are directed to the most appropriate resources; decreasing the number of police encounters with such individuals; reducing the costs associated with these encounters (including litigation costs); and improving the speed with which problems associated with these encounters are solved.
Speaker: Doug Hoffer
Sleep impairment impacts all aspects of client representation, including competence, focus, diligence, decision-making, effective client communication, and case management. Sleep deprivation predicts lawyer misconduct by increasing anxiety, interrupting working memory, and impairing effective executive thinking. This program provides the latest neuroscience behind sleep, and its impact on mental health, substance use, ethical behavior, and performance.
Speaker: Joan Bibelhausen, JD & Robin Wolpert, Esq.
This webinar will cover topics including rollout of the Pregnant Workers Fairness Act (“PWFA”). The PWFA was effective June 27, 2023; the EEOC’s 275 pages of Proposed Regulations were published about 5 weeks later, on August 11, 2023. The PWFA requires the EEOC to issue final regulations by December 29, 2023. Be ready for this happy event!
Speaker: Robin Cross
In this two-part presentation, lawyers from Keller and Heckman LLP will address the critical legal and regulatory issues that public broadband initiatives and partnerships typically encounter at each stage of a project from initial opportunity assessment to ongoing operation and regulatory compliance. They will focus on authority issues; federal and state funding opportunities; infrastructure challenges (rights-of-way, easements, franchises, pole attachments, wireless matters, etc.); and access to customers, content, and services. This presentation will also discuss telephony issues (including 911); organizational and governance issues; and partnerships. Part 2 is scheduled for February 8, 2022.
Speaker: Jim Baller, Sean Stokes, Casey Lide, Tracy Marshall & Wes Wright
Kwali Farbes and Deanne Durfee from the Denver City Attorney’s Office will speak about the Denver City Attorney’s Office’s program on equity. The presentation will discuss how the program was created and curriculum used for the program. The presentation will also discuss practical issues, including legal issues, that come with implementing such a program in a law office.
Speaker: Kwali Farbes & Deanne Durfee
This session will give you deeper knowledge into what City and County Agencies are doing right now for office management solutions. The discussion will tackle what challenges they are trying to solve for and what they are investing in for people and technology solutions. Specifically, addressing matter management, document automation and public records requests.
Speaker: Kay Engler, Gordon Kwan & Andy Heglund
The presentation will largely be geared towards programming for law firms. The topic of DEI in law firms has been discussed at some level for many years. But just encouraging awareness and discussion is not enough. The presentation will provide tips and strategies for attorneys, including those representing local governments, to successfully implement sustainable DEI Programs in law firms. The presentation will also discuss the current trends in diverse hiring and recruitment and the benefits of prioritizing DEI programming.
Speaker: Chanae Wood
Litigation frequently serves as the legal backstop when code enforcement agencies have exhausted other avenues to gain compliance or when properties pose special challenges or imminent threats to public health and safety. While they can appear straightforward, today’s code cases involve complex legal issues related to ownership and title, interpretation of state laws and local ordinances, and the innovative use of civil and criminal remedies. Compounding the challenge, municipal attorneys often bring cases in courts that lack both expertise in the legal and policy nuances that drive code enforcement and familiarity with the community context that surround problem properties. In a handful of cities across the country, however, code enforcement cases are assigned to a dedicated court or court division with the jurisdiction and experience necessary to adjudicate the myriad of violations and issues at play.
This webinar will discuss a range of legal and procedural topics impacting municipal attorneys and prosecutors that handle code cases, including considerations for the effective presentation and resolution of code enforcement cases. This webinar will also compare and contrast two of these specialized judicial models: the Shelby County (TN) Environmental Court and the Cleveland Heights Municipal Court. In a conversation with faculty from the Strategic Code Enforcement Management Academy (SCEMA), Shelby County Environmental Court Judge Patrick Dandridge and Cleveland Height Municipal Court Judge JJ Costello will address the opportunities and challenges that come with having a devoted court hear, decide, and manage code enforcement cases.
Speaker: Judge J.J. Costello, Judge Patrick Dandridge, Daniel M. Schaffzin & Joe Schilling
Get valuable tips on writing — everything from an email to an appellate brief. Much of daily communication is the written word, and this seminar will teach you everything you need to know to make your communication clear and powerful.
Speaker: Blithe Bock
This presentation is the second of a two-part presentation. Lawyers from Keller and Heckman LLP will address the critical legal and regulatory issues that public broadband initiatives and partnerships typically encounter at each stage of a project from initial opportunity assessment to ongoing operation and regulatory compliance. It will focus on negotiation and implementation of project plans; startup activities; contract matters of many kinds; and federal and state regulatory compliance. This presentation will also discuss privacy and cybersecurity; and developments to watch. Part 1 is scheduled for January 6, 2022.
Speaker: Jim Baller, Sean Stokes, Casey Lide, Wes Wright & Tracy Marshall
Municipal attorneys are often asked, “Can we do this?”, when “this” relates to getting, spending, and borrowing money by their municipal clients. This session will consider the essential legal issues attendant to that question. We will discuss basic constitutional issues like public purpose, corporate purpose, and lending of the public credit; the theoretical distinction between taxes and fees; the legal ramifications of that distinction; and other limitations on the ways that municipalities can get and spend money. We will also briefly consider the role and types of municipal borrowing. Because the laws vary widely from state to state, the session will focus on issue spotting and general questions that the municipal attorney should consider when asked financial questions.
Speaker: Eric Shytle
In this webinar, Jonathan Mook will present an overview of significant ADA developments that occurred in 2021, particularly as they concern the COVID-19 pandemic. Issues such as whether COVID-19 (and, in particular, long COVID) is a “disability,” the applicability of the ADA’s direct threat defense to COVID-19, incentives an employer may offer employees to get a COVID-19 shot, and whether vaccination status and COVID-19 test results are protected medical information will be discussed. Jonathan also will offer a preview of emerging ADA issues that municipalities can expect to face in 2022, including assessing medical and religious exemptions to mandatory COVID-19 vaccination requirements and the expansion of telework as a reasonable accommodation.
Speaker: Jonathan Mook & Robin Cross
This session examines state preemption of local authority to administer elections on the impact that is having in key battleground states. Following the thoroughly discredited claims of election fraud in the 2020 election, several states have implemented policies to take authority away from local election boards, restrict ballot access, redraw district maps to favor candidates of a certain party, and potentially overturn local election results. All of these changes disempower voters, particularly from urban and marginalized communities. This session will discuss some of these trends at a national level and then engage with advocates on the ground in Texas and North Carolina to understand the real impact of this preemption.
Speaker: Richard Briffault, Deandrea Newsome, Luis Figueroa & Marissa Roy
In the wake of the COVID-19 pandemic, the cost of construction labor and material prices have been soaring at record-breaking levels. Construction markets remain competitive as contractors struggle to overcome the challenges of the current market conditions and owners attempt to deal with the added risks from the economic threats. This session will provide an overview of the current market trends, changes to expect in project delivery and contracting methods, and how owners can be prepared to proactively address these issues head-on. After attending this presentation, attendees should be able to: (1) Identify current trends in the industry concerning construction starts, sector performance, labor availability, and supply chain impacts; (2) recognize today’s current market conditions and how they may impact your project; and (3) evaluate the industry’s response and identify measures you can take to be prepared to proactively address current conditions.
Speaker: Brian Goodreau & Greg Holness
This program provides municipalities (and all property owners) with the basics of leasing land for a cell tower or space on a building (or other structure) for cell antennas. It describes 5G service, why it is being rolled out slowly and why it has little impact on cell lease rental rates or the sales price for cell leases. It is presented by two attorneys with decades of experience representing municipalities and other property owners on cell leases. The program starts by covering 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 (currently around 19 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
This presentation will outline the steps in preparing for a negotiation, discuss factors to consider in picking a strategy, and demonstrate both how to use and how to counter some of the most common negotiation tactics.
Speaker: DeWitt “Mac” McCarley
Successful projects – meeting quality, time, budget requirements – can happen if the public owner and the municipal attorney take the proper steps to prepare for design and construction. Without the necessary planning and strategy, public works construction may experience unwanted delays, claims and cost overruns. This session will discuss the underlying causes that threaten successful project outcomes. Specific recommendations (“secrets”) will be presented regarding critical issues during the design phase including designer selection and professional services agreement, the public owner’s project management approach, and key construction contract provisions. Since unexpected issues are common in construction, a corresponding claims management strategy that focuses on avoidance, mitigation and resolution of claims and disputes will be presented.
Speaker: Joe Seibold & Christopher J. Petrini
As local governments seek to streamline processes and efficiently utilize funds in continually decreasing budgets, some are turning to automated phone calls and text messages (“robocalls” and “robotexts”) as a cost‐effective option to communicate with citizens. This session discusses the applicable federal laws and regulations that govern automated calls, including the Telephone Consumer Protection Act of 1991 as well as the associated FCC rules, orders, and rulings, with a focus on the FCC’s Broadnet Order on Reconsideration, released December 14, 2020, that formally applied these federal laws and regulations to local governments and their contractors. This session also discusses practical considerations and best practices for local governments when contacting citizens by automated calls and texts, including those related to telephone town halls, municipal court cases, water utility service, and COVID‐19 information.
Speaker: David Johnson
The City of Austin has had some form of civilian police oversight for 20 years. This presentation will explore the legal issues the city has faced during that time, the changes in civilian oversight that have occurred, and different forms of oversight in other cities that have influenced the City of Austin’s approach. It will explore issues related to the confidentiality of police disciplinary records, anonymous civilian complaints, and labor relations with the Austin Police Association.
Speaker: Neal Falgoust
Reed v. Town of Gilbert (2015) has led to another U.S. Supreme Court case, Austin v. Reagan, a First Amendment decision which may affect the ability of your community to regulate on-premises and off-premises signs (billboards). Depending on the outcome of the case, thousands of local jurisdictions could have their sign ordinances completely upended, and have to start over when it comes to treating on-premises signs differently than billboards. Even if the Court affirms the traditional on/off distinction, Austin could still elaborate upon the concept of content-neutrality in sign regulations and further clarify the Reed decision.
This webinar includes a panel of experts who will describe the latest Reed developments and how the Court’s ruling in Austin may – or may not – change best practices for city attorneys. Communities interested in ensuring that they have constitutionally-compliant sign ordinances will want to attend.
Speaker: Susan L. Trevarthen, Mark White & David Hickey
This webinar will discuss administrative warrants as a necessity for code enforcement inspections. We will discuss the differences between an administrative warrant as opposed to criminal warrants. Followed by a review of the case law requiring code enforcement officers to obtain one, the process, and scenarios.
Speaker: Savita Rai & Samuel Adams
The City and County of Denver has long been involved in immigrant and refugee integration from the community engagement level to policy development. In 2017, feeling tremendous pressure and responsibility to respond to the many significant changes to federal immigration policy and practice, Denver developed several transformational changes in legislation and support systems to reinforce our commitment to immigrant and refugee communities. This presentation will cover the changes and what has transpired since their development to ensure sustainability and relevance in an ever-changing national immigration landscape.
Speaker: Jamie Torres & Atim Otii
This session examines state preemption of prosecutorial discretion. Increasingly, as prosecutors have begun to use their discretion to further criminal justice reform and shift from a punitive approach to a restorative one, states have begun to step in to constrain this use of prosecutorial discretion. States have preempted prosecutorial discretion by creating concurrent jurisdiction over certain offenses at the state level, by forcing prosecutors to pursue certain charges or limiting their ability to decline to prosecutor, and even by targeting certain specific prosecutors directly. These uses of preemption not only upsets the tradition of discretion – which has been a practical necessity as prosecutors must prioritize cases – but it also rejects the mandate of the local electorate calling for criminal justice reform.
Speaker: Jorge Camacho, Nicholas Goldrosen, Rick Su & Marissa Roy
A presentation discussing key considerations for governmental entities creating regulations that require permits for public protests and demonstrations. The webinar will cover the First Amendment standards for prior restraints – including strict scrutiny, intermediate scrutiny, limiting the discretion of government officials, justifications supporting the regulation, narrowly tailoring the permit requirements, content neutrality, and permit conditions.
Speaker: Ian Williams
This presentation will address some of the more common pitfalls associated with remote work. The legal aspects include Title VII, FLSA, Workers’ Comp, employee benefits, privacy rights and federal tax treatment. The presentation may also include practical solutions from savvy HR directors.
Speaker: Robin Cross
The legal and practical management of cats has experienced significant development and advancement at the local level in recent years. City and county governments have the power to make important changes with respect to the treatment of cats in their communities – changes that will provide great benefit to both the human and animal populations, and lead to long-term solutions to current concerns. This session will describe the contemporary situations that local governments face with respect to cats, and provide scientific data and legal support for programs that represent the only real potential for success when dealing with these issues.
Speaker: Ledy VanKavage & Bruce Wagman
Municipal attorneys need to handle a wide variety of legal responsibilities, some unique to local government. The number of issues and topics requiring legal proficiency can be overwhelming. This presentation will help city and county attorneys develop a plan for navigating their initiation into local government law. While this webinar is designed for attorneys who are new to local government, experienced municipal attorneys can also benefit from a review of the basics of municipal law.
Speaker: Roger Horner
This presentation will provide strategies and tips for workplace investigations, including: the investigative process; escalation and timing issues; retaliation and whistleblower protections; privilege issues; training; conducting interviews; and drafting and preparing reports.
Speaker: Trina Chernos
This session examines the current patchwork of state laws governing of abortion following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. This session will discuss what can be done at the local level to protect abortion access, both in states have restricted the right and those that have moved to enshrine it. Finally, this session will discuss how to integrate local communities into local efforts to further abortion justice.
Speaker: LiJia Gong, Jenny Dodson Mistry & Winnie Ye
In the world of telecommunications law, one question consistently rises to the top of the list: What is the going rate for lease or rent of a cell tower lease? This program will answer that question for cell leases, particularly for the tens of thousand of leases coming up for renewal.
It 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 on cell lease rents or the sales prices. It is presented by two attorneys with decades of experience representing municipalities and other property owners on cell leases.
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 Pestle
Real estate taxes are an important source of income for most local governments. Property assessments should be fair and equitable in order to ensure that all property owners pay their fair share, but no more. This program will include discussion of historic and current inequities in property assessments, and current thinking on ways to reduce these inequities.
Zoning codes and decisions by zoning boards have a significant impact on the lives and livelihoods of residents. Because of this widespread impact, it is important that a variety of stakeholders have access to the zoning process in order to provide input on issues in their communities. This presentation will first review the various stakeholders in zoning matters and how they are impacted, followed by a discussion of the challenges to equitable access and outcomes in zoning.
Faculty members are an attorney who counsels the Philadelphia Office of Property Assessment, in addition to defending assessment appeals; and an attorney who is counsel to the Philadelphia Zoning Board of Adjustment.
Speaker: Amy Galer & Hilary Emerson
In the past few years, the U.S. Supreme Court has issued several significant decisions regarding its legal doctrines involving religion. Most notably, local governments lost two cases last term for applying incorrect legal tests! Last term SCOTUS embraced a narrow view of the Establishment Clause in a tuition assistance case and a public forum case and overturned Lemon in a public employment case. Recently, SCOTUS has embraced a broad view of the Free Exercise Clause in a series of COVID cases and a case involving the City of Philadelphia. And it may continue this trend in the upcoming term in a case involving a web designer who objects on religious grounds to making custom wedding websites for same-sex couples. The presentation will discuss these cases, trends, and practical guidance on SCOTUS and religion.
Speaker: Lisa Soronen, Erin Murphy & Joshua Matz
New privacy laws about biometrics (fingerprints, retinal scan, facial recognition, voice recognition, the way a person walks, their keystrokes) require notification or protection for individuals, but do those laws affect local government? Are there liability issues for local government for use of biometric markers in regard to employment or other claims? This presentation explores those issues and maps out recommendations for best practices in this emerging area.
Speaker: Cathy Cunningham
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
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
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
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
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
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
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
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.
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
In July 2020, the ADA celebrated its 30th birthday as being the law of the land. In this webinar, Jonathan Mook will present an overview of significant ADA developments that occurred in 2020, particularly as they concern the COVID-19 pandemic. The EEOC’s new relaxed standards for medical testing, the applicability of the ADA’s direct threat defense to COVID-19, and whether COVID-19 is a “disability” will be discussed. Jonathan also will offer a preview of emerging ADA issues that municipalities can expect to face in 2021, including the expansion of telework as a reasonable accommodation and whether an employer may require mandatory COVID-19 vaccinations.
Speaker: Jonathan Mook
This presentation will discuss a standard commission agreement for public art with a special focus on those areas that are unique to public art. The purpose of this session will be to not only dissect the contract language, but to also discuss Best Practices in the field of public art with regard to issues like selection of artists, ownership of intellectual property, and post-installation issues such as maintenance, conservation, and removal.
Speaker: Sarah Conley Odenkirk
Faculty members include the interim Chief Assessment Officer for the City of Philadelphia, a certified general appraiser that is a leader in the real estate appraisal industry, and attorneys who both defend assessment appeals and counsel Philadelphia’s Office of Property Assessment in issues related to the assessment process. Topics to be discussed include: (1) impacts of the COVID-19 pandemic on assessment offices and the assessment process, (2) impacts of the COVID-19 pandemic on real estate tax assessment appeals, (3) impacts of the COVID-19 pandemic on real estate values, and (4) anticipated long term impacts of the COVID-19 pandemic as we move forward.
Speakers: Drew Aldinger, Amy Galer, Chip Hughes & James Aros
This presentation will discuss what implicit bias is and why it’s important for government lawyers to be concerned about their implicit biases. The presentation will also provide tips on how to combat and eliminate biases in the legal workplace.
Speaker: Tara Kelly
This session will review the basic obligations of local governments under the Federal Fair Housing Act, as well as recent changes in those obligations. Topics to be addressed include protected classes, affirmative obligations and prohibitions, the requirement to affirmatively further fair housing, and recent disparate impact cases.
Speaker: Brian Connolly
This presentation is on the City of Philadelphia’s energy portfolio planning and shifting renewable energy goals. The presentation will explain how Philadelphia manages its electricity purchases to ensure cost and budget certainty and uses guaranteed energy savings contracts and power purchase agreements to achieve their goals for obtaining 100% renewable energy.
Speaker: Kevin Birriel
This program provides municipalities (and all property owners) with the basics – – A to Z – – of cell tower leases on city property, such as a park, police station or city hall. It covers the impact of 5G service, which will require tens of thousands more cell sites, including describing 5G, why it will be rolled out slowly and why it may have little impact on lease rates or sales prices. It is presented by two attorneys with decades of experience representing municipalities on cell leases. The program starts by covering 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 15 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 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.
Speakers: John Pestle & Jonathan Kramer
This presentation will discuss the Fair Housing Act, how it applies to your client, and how your client can enforce its land use regulations without running afoul of the Fair Housing Act. Such land use regulations include housing codes, zoning regulations, and other similar requirements.
Speaker: Patricia “Trish” Link
The results from the November 2020 elections will have consequences for state-local government relationships across the nation. The balance of power and ability for the federal, state, and local governments to work together is critical to respond to the demands of the pandemic, strengthen the systems upholding our democracy, and address the calls for justice for Black, Indigenous, and People of Color. Local governments will continue to be on the front lines of myriad critical issues and will continue to be impacted by past and potential state interference that has – and intends to – thwart the ability of local governments to effectively meet the needs of their communities.
This webinar will map the changes in terrain caused by the 2020 elections, including local public health protections, workplace safety, local fiscal authority, redistricting, and criminal justice and police reform with the goal of sharing and exploring trends and informing local solutions to meet our country’s ongoing challenges.
Speakers: Kim Haddow & Rick Su
A discussion of the surprising number of significant legal issues in section 1983 litigation that the Supreme Court has yet to resolve, including the nature and extent of constitutional claims for malicious prosecution or wrongful death, what authority, other than Supreme Court decisions can “clearly establish” the law for qualified immunity, and what constitutes a de minimis recovery for purposes of an attorney fee reduction under Farrar v. Hobby.
Speaker: Tim Coates
This presentation will address the operation of municipal water and wastewater utilities. Topics will include the application of the Clean Water Act and National Pollutant Discharge System (NPDES) permitting, the sourcing and treatment of potable water, the operation of water towers and distribution lines, the treatment and discharge of wastewater, and common liability issues.
Speaker: Ian Williams
Major topics will be (1) – – The September 2020 Ninth Circuit decision upholding major portions of the FCC’s 2018 Order about 5G and small cell towers in the rights of way, but restoring municipalities’ traditional discretion on aesthetic matters, and (2) – – Two FCC Orders that expand the types of changes to cell towers (notably expansions up to 30 feet outside the current cell site) which municipalities must approve. In each case we will summarize the decision, its background and provide suggestions as to how municipalities should proceed.
Speakers: John Pestle & Jonathan Kramer
Municipalities have long shouldered the burden of managing PCBs, PFAS, MBTE, TCP, Chromium and other contaminants in their drinking water, wastewater and stormwater systems, often spending millions of dollars per year. This webinar provides an affirmative litigation framework for local governments to recover damages from the manufacturers, distributors and dischargers of the contaminants, shifting the financial burden away from taxpayers and ratepayers and onto the companies that profited from the sale and uncontrolled use of hazardous chemical products. The webinar will provide a brief historical overview of the development of the law of environmental recoveries: CERCLA, the Clean Water Act (and state equivalents), as well as state law claims under products liability, consumer protection, public nuisance, and trespass. It will provide an update on the proposed $550 million national class PCB settlement with Monsanto, and an overview of municipalities’ additional options to recover from dischargers the costs of PCB management, reduction, and remediation. The webinar will give an overview of the tightening regulations for PFAS in municipal water systems, and litigation options for shifting the future huge costs of PFAS remediation. Municipal law departments can bring in significant revenues through affirmative environmental litigation.
Speakers: Kyle McGee, Suzanne Sangree, Viola Vetter, & Jason Wilson
Over time, municipal facilities may become obsolete. Municipalities often face legal obstacles to implementing new uses for those facilities. A municipal lawyer must find legal routes to help clients enact innovative proposals that transform a facility’s use. Where real estate assets are involved, the lawyer often must find ways to accommodate or remove existing land-use restrictions. This seminar will discuss common land-use restrictions that impede changing the use of municipal real estate and then, as a case study, examine a City of Philadelphia project that transformed an abandoned reservoir into an environmental center and park. The project required compliance with land-use restrictions imposed under the federal Land and Water Conservation Fund Act of 1965, a major grant program that affects municipal parks and recreation facilities around the nation.
Speaker: Lawrence Copeland
A panel of in-house municipal attorneys from NYC to LA who specialize in technology purchases will share tips for negotiating technology contracts on behalf of a municipality. The panel will discuss topics that are current and relevant now, sharing their experiences negotiating software and technology contracts, with an emphasis on data security and cloud services. For any municipal attorney who seeks guidance on what to look out for in technology contracts, this presentation is for you!
Speakers: Eugene Hsue, Paula Donato, Philip H. Lam, Lara Mainella & Patrick Bryant
This will be a comparative presentation on how Atlanta has handled transportation-oriented development in their communities. This presentation will explore legal issues associated with this type of development and highlight the benefits of thoughtful planning as it can support economic development. Additional topics may be included.
Speaker: Jonathan Hunt
A new emergency Federal program providing Internet service discounts of $50/$75 a month for low-income households will start before the end of April. It addresses the need these households have for distance learning, telecommuting and telemedicine during the pandemic. The program was created by Congress in December and implemented by an FCC Order on February 26. It should interest municipalities, schools, churches, social service agencies and others dealing with households affected by the pandemic and which need robust Internet access. The program is of limited duration (until 6 months after the pandemic ends, or until $3.2 billion in Federal funding ends) so getting households signed up promptly is important.
We will describe the benefit ($50/$75 a month plus $100 for equipment) and the large number of households that are eligible: those with students receiving free/reduced price school meals during 2020 or 2021, SNAP (formerly food stamp) beneficiaries, and Medicaid participants as well as those getting Lifeline phone/Internet service, receiving Pell grants, or having been laid off/had a substantial loss of income since February of last year. Special additional rules apply to Tribal lands. Households will get the discounts directly from their cable, phone, cell phone or other Internet provider, with the providers reimbursed by the government. We will describe how to enroll for the discounts.
Speakers: John Pestle & Jonathan Kramer
As Justice Ruth Bader Ginsburg once said, “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” This three-women-panel of local government attorneys will discuss the transformation of what women in the male-dominated legal field looked like in the past to what women in the field look like now on a structural and policy level. The presentation will discuss the shift from issues related to equality for all women to what equitable actions local governments are currently doing to prioritize and value Black, Indigenous, and People of Color (BIPOC) women seeking employment. The presentation will also discuss the structure of a woman-majority litigation office in local government and an example of COVID-19 provisional language that create a disproportionate effect on women over men. Additional topics may be included.
Speakers: Deanna Shahnami, Patricia Miller, Deanne Durfee & Josette Flores
Managing requests for public records is hard. Staying organized, coordinating moving parts, and remaining compliant with evolving compliance mandates is no small task. This presentation will discuss several rulings and pieces of legislation that have had a notable impact on those managing requests for public records: (1) How a single word like “Extraction” can create a haze of confusion; (2) how the explosion of video has outpaced some departmental policies; and (3) how work-from-home mandates have created headaches for tech-challenged departments. This presentation will also share the latest numbers and survey results from the Peers in Public Records Index, a quantifiable picture of the 124% growth in request processing complexity over the past 3 years. Additional topics may be included.
Speakers: Jen Snyder, Melanie Pusateri & Moses Johnson
This webinar will look at the status of local government authority post-2021 Legislative sessions with a focus on the preemption of emergency powers, police funding, punitive protest laws, and other policies.
Speakers: Benjamin D. Winig, LiJia Gong and Lindsay Wiley
This presentation will discuss the current trends in the federal circuit courts. Topics include issues related to homelessness, fines and fees, novel takings cases, and new social media cases. This presentation will help put these emerging issues on your radar in case you find yourself facing one of these issues.
Speaker: Amanda Karras
The construction industry has faced many unique challenges since the start of 2020. As the industry adjusts to the new “normal” way of working, it is important for construction project participants to maintain focus on the basic techniques that are effective in managing construction risks that are inherent to every construction project. This session will bring participants “back to basics” and provide simple techniques that can be applied every day for the avoidance and mitigation of common issues that often manifest into complex construction claims. Our “back to basics” fall 2021 session will focus on dispute resolution.
Speakers: Bryan Payne, Brian Goodreau & Antoine Bechaalani
This session will present methods communities can use to address sprawl, affordability issues, and special housing needs of some community members. Topics will include non-standard housing types such as tiny homes and accessory dwelling units; addressing the needs of seniors; and group homes.
Speakers: Roger Horner & Cathy Cunningham
Class action antitrust litigation is often the most cost-effective way to obtain damages when a municipal entity is harmed by anti-competitive corporate conduct. In some instances, however, a municipality may do better to opt out of the class and become an active opt-out litigant. Opt-out class members have more input into directing litigation strategy, and have the flexibility to settle without obtaining court approval. Even when settlement is the preferred outcome, better results are achieved when counsel actively pursues discovery and prepares for trial from the outset of the litigation. This session examines the terrain of municipal antitrust suits, the pros and cons of opting out, and how to maximize recoveries.
Speakers: Robert Eisler, Deborah Elman & Suzanne Sangree
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.
Speakers: Charles W. Thompson, Jr.
This presentation serves as a practical guide for attorneys new to condemnation, covering aspects from planning for its use, including ensuring authority to condemn, the existence of a public purpose, considering alternatives, project costs, and political/community considerations; due diligence including determining if fee or easements, among others, are needed, performing title work review, surveying and environmental studies, and appraisal hiring and review; negotiation for needed parcels; and preparation for filing of a formal petition to condemn. It will also discuss strategy for direct examination of a hired appraiser at trial.
Speaker: Julian Grant
The COVID-19 pandemic is an ongoing event affecting construction projects across the globe. This webinar focuses on the impacts of the pandemic on the construction industry in 2020 and then considers how these factors will affect the industry in 2021 and beyond. The webinar will also provide participants with tangible actions they can take to mitigate disputes on their projects that are affected by COVID-19.
Speakers: Roy Cooper & Greg Holness
This webinar will include a brief overview of the Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA). Discussion will then focus on the experiences of Montgomery County, Maryland, and Philadelphia, Pennsylvania, in adopting electronic signatures for use with commercial contracts, including integration with existing contracting procedures, record retention policies, lessons learned and recommended practices.
Speakers: Phillip Bullard & Trevor Ashbarry
With the COVID-19 pandemic still ongoing, municipalities continue to deal with leave requests from employees for various COVID related reasons. Addressing such requests can be challenging because they may implicate various overlapping laws. On June 24, IMLA will be presenting a webinar outlining how municipalities should handle these challenges, especially the intersection of the requirements of the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the recently extended and expanded tax credits available under the Family First Coronavirus Response Act (FFCRA). The American Rescue Plan Act extended the availability of the FFCRA tax credits on a voluntary basis until September 30, 2021 and expanded the situations in which municipalities may obtain tax credits for providing leave to employees. The presentation will also discuss the 100% Family COBRA entitlement, effective April 1, 2021.
Speakers: Jonathan Mook and Robin Cross
Karen Kennard, Shareholder of Global Law Firm Greenberg Traurig and former Austin City Attorney and Texas Municipal League General Counsel, will give a year-in-review presentation focused on lessons learned from 2020—the year of the onset of the COVID-19 pandemic—and things municipal attorneys need to know regarding government emergencies and disaster declarations.
Speaker: Karen Kennard
Cities, counties, and health officials across the country are facing a rapidly escalating number of lawsuits that challenge public health orders, enforcement issues and First Amendment challenges related to COVID-19. In this webinar, Deborah Fox, Chair of Meyers Nave’s Trial and Litigation Practice and First Amendment Practice, will explain the legal issues that are involved in these litigations, including complex constitutional questions regarding local and state governmental powers during public health and safety emergencies intertwined with alleged violations of various rights under the U.S. Constitution, ranging from First Amendment freedoms of expression, religion and assembly to civil rights claims for alleged violations of the due process and equal protection clauses to economic claims under the takings and commerce clauses.
Speakers: Margaret (Meg) Rosequist & Deborah Fox
Securities litigation is often viewed as benefiting individual shareholders who have been harmed due to misstatements, omissions, negligence, or intentional acts of public companies. But the reality is that millions of others participate in the capital markets as employees of municipalities and local government subdivisions—counties, cities, townships, school districts, fire and police departments and more—who act on behalf of these workers as shareholders in publicly traded entities through pension plans, risk management pools and similar vehicles. This presentation will discuss how these entities can add and have added their influence to obtain recourse for corporate wrongdoing and to effect socially responsible change in corporate policies in areas ranging from gender and race discrimination, systemic racial and gender inequality, Covid, the opioid epidemic, environmental wrongdoing, money laundering and more.
Speakers: Joshua H. Grabar & Seth D. Rigrodsky
This webinar will examine First Amendment jurisprudence as it applies to advertising on buses and other municipally owned property including bus stops, street furniture, subways, and airports. The webinar will provide practical pointers for drafting constitutionally sound regulations for advertising on such municipally owned property. While the First Amendment usually requires that non-commercial speech be treated more favorably than commercial speech, the reverse is often true when looking at regulations for advertising on buses and other municipally owned property. Forum analysis plays a critical role in determining what restrictions will pass muster as does the consistency with which policies are followed and enforced. These issues along with applicable case law will be highlighted during the webinar.
Speaker: Margaret (Meg) Rosequist
Depending on the local government, the Human Resources Department may entail a variety of areas that need sound and practical advice from a Labor & Employment Attorney and knowing how to handle when the advice is not followed. In local government, Human Resources has to perform a balancing act – balancing what the City Manager/Mayor wants for the organization and being fair to the employees. There are other parties such as the elected officials (politicians) and the unions which bring another wrinkle on how Human Resources manages any situation. Remember HR is seen as both the good and the bad…hires and fires….and much more.
Speakers: Elsa I. Jaramillo-Velez & Roberta “Robin” Cross
Bankruptcy cases can have implications for a City beyond the collection of revenue. When that happens, the attorneys in the City of Philadelphia Law Department’s Bankruptcy Unit rely heavily on the expertise of other members of the Law Department to issue spot, educate, marshal documents and more. Achieving this type of symbiosis at the very outset of a bankruptcy proceeding is critical. The presentation will provide a brief overview of bankruptcy basics, review samples of communications from the court or the debtors to be on the look-out for and include an informal discussion surrounding how to gear up quickly to achieve the best level of representation in these often fast-moving matters.
Speakers: Pamela Thurmond, Megan Harper, & Joshua Domer
Hilary Ruley has worked in Baltimore’s Public Records Response process for over 15 years. In this presentation, Hilary will discuss key and current legal cases on body cameras. This presentation will also discuss video redaction and some of the practical challenges of being an attorney involved in the public records process.
Speakers: Hilary Ruley & Jen Snyder
The construction industry has faced many unique challenges since the onset of the COVID-19 pandemic in 2020. As the industry adjusts to the new “normal” way of working, it is important for construction project participants to maintain their focus on the basic techniques that are effective in managing construction risks inherent to every construction project. This session will bring participants “back to basics” and provide guidelines to apply for the mitigation and resolution of construction claims that often manifest into cumbersome litigation.
Speakers: Christi Fu & Brenda Radmacher
This session builds on our spring webinar documenting the 2021 legislative session as a session like no other. To recap, state legislatures continued to target local authority, but the disturbing trend that this webinar will focus on was the use of preemption to prevent or limit local jurisdictions from taking steps to pursue racial justice initiatives. In direct reaction to the racial justice conversations of summer 2020, states passed laws that force higher penalties for protesters, prevent cities from reducing their law enforcement budgets, and ban the teaching of critical race theory. This legislative session marked an escalation of preemption to engage in racially targeted culture wars.
Speakers: Kim Haddow, Rick Su & Marissa Roy
This presentation is a review of various major affirmative litigation activities by local governments, including false claims, video services, e-cigarettes, PFAS, climate change, and opioids. This presentation will also discuss causes of action, defenses, and case trajectories.
Speakers: Erich Eiselt, Sara Gross & Michael Bologna
95% of Americans now view pets as members of their family and animal services is evolving to reflect new community values and expectations, similar to the evolving role of policing. Best Friends staff with expertise in these issues will discuss empowering animal field services officers to be more responsive and efficient in the field, effective policies concerning dangerous dogs and reckless owners, community engagement of volunteers and legal frameworks to reduce the risk of liability.
Speakers: Ledy VanKavage, Scott Giacoppo, Tammy Jo Hallman & Rebecca Huss
One of the primary functions and a day-to-day responsibility of a local government attorney is providing advice. All attorneys advise clients, but the advice a local government attorney gives the local government governing body, boards, commissions, and staff affects an entire community and in a broader sense, our society. This presentation examines the interplay of ABA Model Ethics Rules 1.1 (Attorney Competence) and 2.1 (Attorney’s Role as Advisor) and how those rules affect local government attorneys regular professional life when advising governing bodies and staff, including the need to: (1) Be straightforward; (2) present other considerations beyond strictly technical legal advice; and (3) consider the timing and process of offering advice.
Speakers: Judge Rodney D. Adams, Cathy Cunningham & Roger Horner
This session examines state preemption of local authority to protect tenants, particularly during COVID, and expand affordable housing . Many state legislatures, in both “red” and “blue” states, preempt local governments from increasing housing supply, crafting inclusionary zoning, or implementing rent regulations to alleviate housing unaffordability. This dynamic has particularly come to a head during the COVID-19 pandemic as local governments have sought to impose eviction moratoriums and extend other support to burdened renters. The COVID-19 pandemic has demonstrated the need for local government leadership on equitable housing policies, and even where state preemption exists, local governments may still be able advance housing equity through collaboration with the federal government through the American Rescue Plan.
Speakers: Nestor Davidson, Sarah Beth Gehl, Lauren A. Lowery & Ben Winig
Free live for IMLA members.
This presentation will address the code enforcement aspects of historic preservation in terms of enforcing historic district ordinances and what to do if people violate historic district ordinances.
Speaker: Janet Spugnardi
Considering the wide scope of a Section 1983 municipal liability claim (“Monell Claims”) counsel can quickly find themselves overwhelmed in their efforts to defend these cases. This training session will cover strategies and nuts and bolts tips for dealing with a Monell case in an efficient and winning manner. Areas of discussion will include motions practice, bifurcation, discovery and trial strategy. Some topics may be added or removed from this presentation.
Speakers: Kerslyn Featherstone & Robert Deberardinis
This presentation is intended to be a practical guide to managing and scheduling your construction projects to maximize efficiency and prohibit litigation that may arise from early problems. Contract provisions, scheduling methods, claims avoidance and dispute resolution are among the topics this webinar will cover. Additional topics may be added at a later date.
Speakers: Brian Goodreau & Greg Holness
Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex, and religion. Areas that may give rise to violations include recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. This webinar will cover the Title VII exemptions in the public employment context. Additional topics may be added.
Speaker: Robin Cross
After receiving a notice of violation from code enforcement, many homeowners respond by claiming, “But it’s been there forever!” This presentation will take a closer look at when such a defense is viable by analyzing non-conformities and equitable defenses like estoppel, vested rights, laches and impossibility with the goal of giving practitioners some takeaways on how to respond to or manage these defenses or raise them on behalf of a client.
Speaker: Jerrod Simpson
This presentation aims to serve as an introductory primer to various planning and zoning issues local governments routinely encounter. This presentation will provide some focus on drafting. Additional topics may be presented.
Speakers: Kim Mickelson & David Silverman
Free live for IMLA members.
This presentation will discuss the law surrounding drone regulation including FAA mandates and the current restrictions on drones and the role of local governments in drone regulation and management. Additional topics may be presented.
Speakers: Al Catalano & Wes Wright
The presentation will discuss efforts combating human trafficking via Red Light Abatement and Human Trafficking Posters required by Civil Code Section 52.6. It will also discuss San Diego’s partnerships and the strategies employed to combat human trafficking with San Diego Development Services Department, Code Enforcement Department specifically zoning and code violations and inspections, San Diego Police Department, Human Trafficking Taskforce, California Against Slavery and Trafficking and the Human Trafficking and Commercial Sexual Exploitation of Children Advisory Subcommittee.
Speakers: Bruce Pendleton & Patricia Miranda
This session will first discuss the legal history of differing site conditions in the construction context. At the completion of the webinar, participants will be better prepared to identify potential differing construction site conditions, understand the various rights and remedies of the parties when disputes from differing construction site conditions arise, and will provide best practices related to dealing with differing site conditions.
Speakers: Roy Cooper, Steven Koller & Greg Holness
This presentation will cover areas of airport law and management for municipal attorneys including land use entitlements, environmental impacts, and compliance with federal transportation regulations. Additional topics may be presented.
Speaker: Peter Kirsch
This presentation will discuss a broad range of First Amendment matters as examples of how to litigate and defend your city when you receive First Amendment challenges. Additional topics may be added.
Speakers: Deborah Fox & Meg Rosequist
Free live for IMLA members.
In January, the National League of Cities is publishing Principles of Home Rule for the Twenty-First Century, a new vision for local government legal authority and relationship to states. This legal framework, which include a model constitutional home rule article and commentary, is the first comprehensive effort since 1953 to re-image home rule, and is intended to serve as the foundation for meaningful law reform within the states. This webinar will describe the origins of this model constitutional article in light of the history of home rule reform; explain the substance and details of the new approach to home rule; and explore possibilities for change moving forward.
Speaker: Nestor Davidson
Given the increase in the importance of broadband access, some municipalities have considered developing their own broadband networks. These municipal broadband networks are a public utility available to residents, especially in rural areas where high speed connectivity is scarce. Building and managing a broadband network is often an expensive endeavor. This webinar will discuss the fundamentals of developing and deploying municipal broadband as well as how to secure funding. Additional topics may be presented.
Speakers: Al Catalano, Wes Wright & Doug Jarrett
A current FCC proceeding may exempt many more changes to cell tower/radio tower sites from complying with state and local laws, including weakening/preempting compliance with health and safety-related codes and requirements. This would significantly expand the preemption set forth in the FCC’s 2014 Wireless Siting Order. The program will cover the 2014 Order (briefly), the expanded preemption being considered and significant municipal concerns and objections to such expansion.
Speakers: John Pestle & Jonathan Kramer
The Americans with Disabilities Act requires reasonable accommodations for the disabled, but how far does that extend when it comes to service animals in the workplace? This webinar will cover topics including the distinction between service animals, therapy animals, emotional support animals, and pets; which animals must be allowed; what the requirements are for the different categories of animals; courses of action that are recommended versus mandatory; and how to mitigate between the ADA’s requirements and the concerns for other individuals in the office (e.g. allergies, distractions, phobias). Other topics may be included in addition to those provided in the description.
Speaker: Robin Cross
Municipalities are often the target of hackers seeking financial gain from extortion. These unforeseen incidents wreak havoc on governmental operations and bring functionality to a standstill. The aim of this webinar is to assist local government attorneys and officials in anticipating and defending against future intrusions. Additional topics may be included.
Speakers: Lawrence Lee & Christopher Johnson
This session will discuss the types of design documents and stages of design development along with the common problems that can cause design claims. Participants will learn the legal considerations in assessing design liability, the allocation of design risk and the ways to minimize the risk and cost of resolving construction claims arising from design issues.
Speakers: Roy Cooper & Greg Holness
This presentation will address how to defend and litigate Fair Housing Act Violations against your municipality. This presentation will provide a focus on such a defense while adhering to state building codes and other similar state requirements. Additional topics may be covered.
Speaker: Brian Connolly
This presentation will address unique issues with code enforcement and land use involving mobile homes. Additional topics may be presented.
Speaker: Julian Grant
Camping ordinances, sit and lie laws, and other quality of life laws were greatly impacted by the Ninth Circuit’s decision in Martin v. City of Boise. As a result of this decision, there are many questions around enforcement of these quality of life laws. This presentation will discuss not only the decision in Martin v. City of Boise, but also address its impact on other quality of life laws. Additional topics may be presented.
Speakers: Joseph Tartakovsky & Samuel Eckman
The coronavirus has wreaked havoc throughout the country, creating significant hardships on employees and employers alike. To provide some relief, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”), which creates two new types of paid leave for employees: (1) Expanded Family and Medical Leave and (2) Emergency Paid Sick Leave. This webinar, presented by DiMuroGinsberg, P.C. attorney, Jonathan R. Mook, is designed to assist you in understanding the new paid leave requirements and to answer such questions as: (1) What municipalities are covered by the FFCRA? (2) Who is eligible for leave? (3) What are the qualifying reasons for leave? (4) What are the new paid leave entitlements? (5) How will the FFCRA be enforced? And (6) What notice must you provide your workforce? Please join us for this timely and informative webinar.
Speaker: Jonathan Mook
With the rising cost of rent and homeownership and housing shortages, some have turned to living in tiny homes as their solution. For many, tiny houses represent a cheaper, eco-friendly option. For local governments, the growing popularity of tiny homes presents challenges from inspections to ensuring compliance with building and zoning regulations. This webinar is intended to aid local government attorneys navigate the complex array of issues tiny homes generate. Additional topics may be included.
Speakers: James McKechnie & Terry Floyd
Non CLE Event – 2020 IMLA Mid-Year Virtual Seminar Follow-Up
Shareholders from international law firm Greenberg Traurig return for a continuation of their IMLA Mid-Year Seminar presentation, Legal Implications of COVID-19: What Local Governments Need to Know, this time to discuss Price Gouging, Consumer Protection, Labor & Employment, and other issues facing state and local governments amid the Coronavirus pandemic. The presenters are members of the GT Health Emergency Preparedness Task Force.
Speakers: Greg Casas & Shira Yoshor
The impacts of the COVID-19 pandemic are incalculable and continuing. This webinar discusses the possible consequences to affected construction projects and what owners and contractors may face when work can finally resume. We’ll explore the issues and approaches to enable project participants to resolve the construction impacts as effectively as possible — including steps you can take now to prepare.
Speakers: Joseph Seibold & Bryan Payne
120 Minutes
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
This presentation will cover the applicable constitutional requirements, legal risk, and ways to minimize risk. It is oriented towards inspections typically conducted by non-peace officers.
Speaker: Patricia “Trish” Link
The Riverside County Counsel’s Office will provide a summary of its enforcement efforts to move Faith-Based Groups to streaming or other technology to reach its congregants in lieu of in-person services and the constitutional issues attendant to responding to the COVID-19 Pandemic.
Speaker: Kelly Moran & Ronak Patel
In 2019, the FCC sought to further strip local governments of their authority over use of their rights of way as related to cable franchising. Last year, the FCC published a report and order entitled “Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable TV Consumer Protection and Competition Act of 1992”. This Order, among other things, significantly restricts a local government’s ability to impose franchise fees, and prohibits local government from regulating most non-cable services which includes broadband Internet services provided over a cable system. This webinar will cover the changes to local authority in cable franchising as a result of the Order as well as provide information as to litigation efforts. Additional topics may be covered.
Speaker: Gerard Lederer & Gail Karish
This presentation will address construction contract drafting issues and how provisions of various contracts can mitigate your risk of liability in the event that your municipality faces suit. This presentation will also address when construction contracts go wrong and different litigation strategies. Additional topics may be included.
Speakers: Mary DeVuono Englund & Karl F. Oles
It has often been said that one of the largest components of a local government’s budget is for personnel costs. While there are many similarities between guiding employers between the public and private sectors, public employers have some additional concerns not faced by their private employment counterparts. The goal of this presentation is to provide public sector employers, particularly local governments, guidance and roadmaps to navigate through the complex issue of drug policies in the workplace and related issues. Additional topics may be presented.
Speakers: Deidra Sullivan
This presentation will discuss preemption of local financing such as taxation, fee generation, and other revenue raising functions. Additional topics may be presented.
Speaker: Erin Scharff
This will be a comparative presentation on how Atlanta has handled transportation-oriented development in their communities. This presentation will explore legal issues associated with this type of development and highlight the benefits of thoughtful planning as it can support economic development. Additional topics may be included.
Speaker: Jonathan Hunt
Construction project change orders are common and can have the effect of slowing down your project as well as increasing project price from the original amount the construction contractor bid. This webinar will cover how to manage change orders to avoid unnecessary delays and cost increases. Additional topics may be covered.
Speakers: Mark Guevara & Brian Goodreau
Attorneys must interpret public records laws to determine if certain electronic documents must be disclosed. However, there is no consensus among the varying jurisdictions about which documents are subject to disclosure. Although we have some federal guidance, this guidance is not comprehensive as it does not address all aspects of electronic records. This presentation will discuss electronic records and provide guidance to local government attorneys for how to handle electronic documents.
Speaker: Hilary Ruley
The bounds of the attorney-client relationship can be complicated for those who represent government entities, including local governments. This webinar will focus on the parameters of the attorney-client relationship when the organization is the client and on the attorney-client privilege in the government context. ABA Model Rule 1.6 and ABA Model Rule 1.13 will be covered during this webinar.
Speaker: Henry Bernstein
This presentation will discuss how to prepare your locality for the eventual launch of autonomous vehicles. It will also cover the current legal landscape and prospective changes on the horizon. Additional topics may be presented.
Speaker: Crista Cuccaro
This presentation will provide an overview of property law and of takings law discussing the differences between a Lucas taking, a Penn Central taking; and the exaction cases Nolan and Dolan and the elements of an inverse condemnation claim. This presentation is the first of a two-part series on takings and condemnation.
Speaker: Jefferson L. Blomquist
The program will cover a new FCC order that expands the types of changes to radio, TV and cell towers that municipalities must approve. Important provisions include the continued need for code compliance, changes in shot clocks and height increases, and narrowing local authority regarding concealed or “stealth” towers. A related rule-making considers mandating local approval of expansions outside the current tower site. The program will cover these points, their practical effect and municipal responses.
Speakers: John Pestle & Jonathan Kramer
This webinar will cover IMLA’s Social Media Policy in depth to provide guidance on how a local government should handle a wide range of scenarios involving social media use. Additional topics may be covered.
Speaker: Chuck Thompson
This presentation will address arbitration with police and fire. As part of the webinar, the discussion will include topics relating to recent issues relating to COVID-19, such as hazard pay, scheduling, shift exchanges, sick leave, and various grievances inspired by the pandemic; Zoom disciplinary proceedings due to Covid-19, and discussion regarding the recent “defund the Police” movement as it may affect Collective Bargaining.
Speakers: Rebecca Hayward & Robin Cross
The rising popularity of Airbnb and other such platforms had led to a significant increase of availability in short term rental properties. Among these properties are those that do not meet code requirements, which, in many jurisdictions, do not allow short term rentals in certain areas. This webinar will cover effective regulation of short-term rentals with real world examples of existing code enforcement efforts.
Speakers: Cathy Cunningham & Roger Horner
Now more than ever it is important that municipalities, especially law enforcement agencies, reflect the communities they serve, which encompasses employing more women and people of color. This session will explore actions your municipality can take to diversify its police force and incorporate race equity in the workplace.
Speaker: Jana Sullivan
Often we find ourselves scratching our heads at what some of our elected or appointed government officials say whether it’s on social media or in a public meeting. In those moments, what is left on the record are damaging at best and horrific at worst. It falls upon the local government attorneys to protect the client despite these damaging statements. This webinar’s goal is to provide practical recommendations on what to do when you face this situation.
Speaker: Chris Balch
Over 50 municipalities nationwide have considered or enacted all-electric requirements for new construction. These bans are in line with local climate action planning and municipal goals to reduce greenhouse gas emissions. These bans give rise to new legal questions and challenges. This webinar will cover these legal issues and attempt to provide practical recommendations to those seeking to enact their own ordinances. Additional topics may be presented.
Speaker: Amy E. Turner
This presentation will provide an in depth look into the nuances of a Penn Central taking, a discussion of why bulk/area zoning regulations should never give rise to a Penn Central taking claim, and examine the potential problems associated with Monterey as well as whether a moratorium can give rise to a takings claim. This presentation is the second of a two-part series on taking and condemnation.
Speaker: Jefferson L. Blomquist
A discussion of the benefits and limitations of public private partnerships (P3s) as a method for local governments to develop infrastructure. The presentation will also discuss different P3 models of project delivery, the use of P3s to recycle or monetize existing infrastructure assets, and the issues governments should consider when determining whether a P3 is the best option for a particular project.
Speaker: Erlyne Nazaire
State interference in local democracy is embedded in a long history of events and actions that have sought to promote the interests of historically privileged property owners and perpetuate the South’s racist past. Across the region, the configuration of government, policies, and practices are rooted in earlier efforts to limit the rights and freedoms of Black people and entrench white supremacy during the dismantling of Reconstruction-era economic and political gains and the concurrent rise of Jim Crow–era state-sanctioned discrimination. Preemption as it is used today works to reinforce these inequalities when it is used to block local policies that promote racial and economic equity.
In fact, a new report documents the use of preemption laws in the South by overwhelmingly white male legislatures to keep Black-majority cities from passing the progressive policies their people need. For example, the Alabama legislature preempted Birmingham’s minimum wage increase; the Tennessee legislature preempted Nashville’s local hire law; and the Georgia legislature preempted Atlanta’s fair scheduling law.
This webinar will discuss the legal history of local government after the Civil War, the extent to which racial animus shaped and continues to shape local institutions and how state legislatures and the misuse of preemption continues to perpetuate inequities in the South. While the session discussion and research focus on the South, the impacts and lessons learned can be applied anywhere preemption and state-local conflicts block policies that promote racial and economic equity.
Speaker: Dan Farbman, Jaimie K. Worker & Julia Wolfe
120 Minutes – Free live for IMLA members.
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:
Handouts will include PowerPoints and copies of the relevant FCC orders. A lively and interactive Question and Answer session will follow the presentation. Contents of presentation are subject to change.
Speakers: John Pestle & Jonathan Kramer
This presentation will discuss the personnel aspects of disaster planning and the aftermath of human-caused disasters. This will include a discussion of employee training, response by emergency personnel and other city staff members, providing assistance to the victims of the disaster, and addressing post-disaster human resources and legal issues.
Speakers: Marc L. Zafferano & Roberta “Robin” Cross
90 Minutes
Local governments across the country are experiencing the increased integration of new technology platforms into their transportation systems. One area where this growth is moving at a fast pace is the deployment of dockless micromobility, such as bikes, including electric assist, and electric scooters. While dockless micromobility offers great opportunities to reduce congestion and help local governments meet goals around reduction in greenhouse gas emissions, these new technologies are challenging to regulate since they often do not fit neatly into existing ordinances and laws. The goal of this webinar is to provide local governments with the tools they need to regulate in this space.
Speakers: Greg Rodriguez, Jessica Sangsvang & Negheen Sanjar
What happens if an opposing lawyer is being extremely difficult and acting badly? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.
Speaker: Dolores Dorsainvil
With the rise in use of body worn cameras by police officers has come the increase in use of this footage at trial. This webinar discusses the issues that may arise at trial when dealing with body worn cameras, how to navigate those issues, and potential evidentiary problems for municipalities.
Speaker: Jack Ryan
90 Minutes
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
Last year, the Federal Communications Commission (FCC) altered the rules regarding wireless siting to the detriment of municipalities. The changes in these rules will result in changes to how municipalities negotiate and contract with Wireless Carriers. The goal of this webinar is to leave attendees with an understanding of what powers and limitations they have, what requirements are in place, and how to use these new rules to their advantage in negotiating with wireless carriers. Additional points of discussion may be added at a later date.Description forthcoming.
Speakers: Albert J. Catalano & Wesley K. Wright
While the legislative privilege dates to 16th Century England, it still is useful in litigation against elected officials and governing authorities. This webinar will briefly cover the historical context of the privilege. Then go into its use in defending elected officials who perform legislative functions and in resisting discovery of motives and reasoning behind the votes of elected officials who function as legislators. And last touch on the factors which determine whether or not the privilege applies to the particular circumstance. The materials will include research aids and relevant case law from multiple jurisdictions.
Speaker: Henry Bernstein
PFAS have been discovered in dozens of drinking waters supplies throughout the country resulting in multimillion-dollar clean-up projects or construction of drinking water filtration systems. The PFAS contamination is often linked to a manufacturing facility that stored, used or disposed PFAS-containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFAS.
In response to the growing awareness of this contamination and the public outcry over health effects associated with PFAS, EPA recently released its first long-term health advisory guidelines for PFOA and PFOS, and states are increasingly beginning to establish their own drinking water standards for these and other PFAS chemicals that are often lower than the federal guidelines.
The widespread contamination of public drinking water supplies with PFAS has resulted in the filing of dozens of lawsuits against the manufacturers and/or users of PFAS by public water suppliers and individuals. These cases seek to hold PFAS manufacturers and others responsible for treatment costs and other damages. Many of these cases that involve PFAS contamination attributable to certain fire-fighting foams have recently been consolidated in a Multi-District Litigation (“MDL”) proceeding in federal court in South Carolina.
This webinar will provide an update to an April 2017 IMLA webinar on this issue and will discuss the extent of PFAS contamination, the evolving regulatory landscape; scientific issues relating to treatment, cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFAS, and how the new MDL may impact new cases.
Speaker: Robert Bilott & Richard Head
Free live for IMLA members.
The last decade has witnessed a dramatic rise in state laws preempting local decision-making. Although the volume and range of these laws is significant, a particular striking feature this new preemption has been the adoption of laws that go beyond simply nullifying local measures that are inconsistent with state policy – the traditional meaning of preemption — and impose penalties of local officials or local governments that implement or even simply propose or endorse preempted laws. Local officials may be threatened with civil or criminal penalties or removal from office. Local governments may be subject to loss of state aid or exposure to civil suits by hostile interest groups. Punitive preemption laws have been adopted primarily in the areas of firearms regulation and immigration (“sanctuary”), but one state – Arizona – has authorized a punitive approach to all local laws subject to preemption.
This webinar will examine the principal state punitive preemption laws, the handful of cases in which these punitive measures have been at issue, and the kinds of legal arguments that can be raised to challenge them or to resist their application.
Speaker: Richard Briffault
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
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
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
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.
Speakers: Barry Uhrman & Lindsay Rose
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 & Negheen Sanjar
Free live for IMLA members.
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
Free live for IMLA members.
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
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
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
90 Minutes
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
Free live for IMLA members.
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
It’s inevitable that employers must investigate one or more of their employees, and a thorough investigation means leaving no stone unturned. Whether it’s for alleged substance abuse, job safety violations, workplace theft, discrimination or harassment, a properly-conducted investigation can be a powerful tool for discovering workplace problems and mitigating or even preventing related liability.
As an employer, it’s important to understand investigation best practices, including interview techniques, proper documentation and reporting, communication dos and don’ts and records retention. At the end of the day, proper investigations protect employers and lay the foundation for the defense of litigation.
Specific topics included:
Speakers: Robin Cross & Audrey Forbush
Homelessness is not a novelty issue for local governments, but surges in addiction have exacerbated the issue. Cities are grappling with managing the various issues homelessness brings. This webinar is aimed to discuss best practices when crafting ordinances and policies addressing homelessness. Some topics may be added or removed from this presentation.
Speakers: Gita O’Neill & Meghan Claiborne
This presentation will explain the different roles and duties of municipal lawyers, bound counsel, issuer’s counsel, disclosure counsel and registered municipal advisors in public finance transactions. This presentation will also explain municipal bonds generally and touch on navigating through the course of investigation. Some topics may be added or removed from this presentation.
Speakers: Paul Maco & David A. Rogers
Free live for IMLA members.
The Supreme Court decided no shortage of police cases this term. Topics covered range from forfeitures to fabrication of evidence to First Amendment retaliatory arrest. Join Lauren Kuley, Squire Patton Boggs, who wrote the SLLC/IMLA amicus brief in a Fourth Amendment impaired driving case and Spencer Driscoll, Sidley Austin, who wrote the SLLC/IMLA amicus brief in a case involving the double jeopardy’s “separate sovereigns” exception in a discussion of the impact of all the police cases on states and local governments.
Speakers: Spencer Driscoll, Lauren Kuley & Lisa Soronen
This presentation will discuss ADA requirements in employments. Specifically, it will cover the reasonable accommodation requirements in employment settings using case studies to instruct municipal attorneys how to handle these requests considering the changes in the law. Some topics may be added or removed from this presentation.
Speakers: Jonathan Mook & Robin Cross
This presentation covers fair housing issues in local governance including different types of grants from HUD and administration of those grants. It will also cover best practices for local fair housing ordinances. Some topics may be added or removed from this presentation.
Speaker: Brian Connolly
Free live for IMLA members.
This presentation will discuss tips for preparing the strongest possible motion for summary judgment on qualified immunity, with a focus on showing the absence of clearly established law, dealing with evidentiary issues, minimizing the significance of factual disputes and preservation of issues for further review.
Speaker: Timothy Coates
This presentation will discuss the benefits of adopting a uniform manual to guide municipal officials and staff in processing and approving land transactions. Discussion topics include types of public property; applicable law; acquisitions, disposition, leases, licenses, and permits; funding sources; relocation issues; approval authority; public process options; and drafting considerations.
Speaker: Wynetta Massey
You’ll learn about:
On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.
Little time in a planner’s education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.
The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.
Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.
Speakers: David Silverman & Kim Mickelson
Supreme Court Justices, lower court judges, academics, advocacy groups, and the popular press have been attacking qualified immunity. This webinar will summarize who is attacking qualified immunity, what they are saying, whether their arguments have been or will likely be successful and how IMLA and the SLLC are fighting back.
Speaker: Lisa Soronen
An opening and summation from a recently tried Federal Civil Rights case involving a police fatal shooting will serve as the backdrop for this one hour presentation exploring practice tips for trying these types of civil cases.
Speaker: Patricia Miller
Ease of access to cellphone cameras and video have made it easier for citizen videographers such as First Amendment Auditors to record. This trend in “First Amendment Auditing” often takes place in and around city halls, council chambers, and other public meetings. Due to the rise of these efforts, it is important to properly train staff on how to handle encounters with such groups. This webinar offers tips and recommendations for training staff to handle these difficult situations while still comporting with relevant areas of law. The goal is to educate your city’s employees on how to avoid becoming a star in someone else’s YouTube drama (and avoid liability).
Speakers: Paul Martin & Robin Cross
The increase in handling situations involving people with physical and mental disabilities has become a growing challenge for law enforcement. This presentation will address ADA claims against law enforcement in the context of correctional facilities. It will also discuss a recent case involving a mentally ill inmate who died in custody and the resulting Section 1983 claims that were brought against the nurses and the City for the inmate’s death. Tips on litigating these claims will also be provided. Some topics may be added or removed from this presentation.
Speaker: Valorri Jones
The presentation will provide practical tips for Section 1983 trials including: final pretrial order, conference, jury selection, client witness preparation, punitive damages and pleading the Fifth; the significance of, and how to successfully develop a theme for your case that will connect with your jury; the need to specialize your trial team; devising jury instructions and verdict sheets; and motions practice within the trial. Some topics may be added or removed from this presentation.
Speakers: Neil Duke & Steven Borkan
This presentation will focus on the following issues that arise in discovery in the context of alleged police misconduct: 1) the difference between discovery directed towards the officers themselves and discovery directed towards the municipality (and how to deal with those differences); 2) how to prepare an officer for a deposition (shifting their mindset from criminal to civil); and 3) how to conduct discovery with an eye towards summary judgment and the possibility of trial.
Speakers: Erika Reis & Nicole O’Connor
Free live for IMLA members.
This webinar will discuss the rise of the use of state “statue statutes” to prevent local governments form removing Confederate statuary, with implications for municipal attorneys across the country. The debate over Confederate iconography has been hugely divisive and in some cases has led to violence, as in Charlottesville in August 2017. These controversies have also led to litigation over the ability for local governments to remove Confederate statues. The webinar will examine the history of Confederate monument building, the nature of the laws that restrict their removal, and the types of legal challenges that have been brought both by parties seeking the removal of statues and those contesting those removals. As the debate over the legacy of the Confederacy, its leaders, and its admirers intensifies, and with white supremacist rhetoric and violence once again becoming commonplace, disagreements over the future of Confederate monuments in public spaces are only going to become more frequent, testing the nature of local power and the role of local officials, as is increasing happening with preemption conflicts in many states.
Speaker: Richard Schragger
After the Federal Communications Commission’s small cell orders, local government authority to regulate deployment of small wireless facilities in the public right of way was significantly impacted. The roll out of small cell deployment is expected to be widespread with numerous facilities grouped closely together. The increase in wireless facilities in the public right of way increases the burden on local governments in managing the right of way. The aim of this webinar is to provide local governments with information on how manage small cells in the right of way.
Speakers: Al Catalano & Wes Wright
This presentation will focus on the emerging trend of plaintiffs pleading Monell claims based on the theory that a police department fails to train officers how to adequately respond to mentally ill individuals in a variety of settings. Courts appear to be breaking with prior patterns and finding such allegations sufficient to state a claim for municipal liability at the pleading stage. This presenter will discuss these trends and how to defend against them. Additionally, hear from the City of Austin’s Assistant Chief of Police on policy considerations, police operations, and training for officers regarding police interactions with the mentally ill.
Speakers: Melanie Speight & Justin Newsom
90 Minutes
The goal of this webinar is to educate attendees on the Securities and Exchange Commission’s new disclosure mandates under Rule 15c2-12. This webinar will cover what the new disclosure mandates are, what they require, and how they will impact local issuers. Speakers will also discuss how local issuers can implement compliance with the new mandates, policies and procedures that may help, the role of bond counsel, compliance issues local governments have experienced, and how to make disclosures on the MSRB’s EMMA platform.
Speakers: Rebecca Olsen, Ben Watkins, John McNally, David Hodapp & Robert Doty
120 Minutes
This program covers the FCC 5G Order that took effect this year to speed the rollout of 5G cell service. The Order significantly affects small cell antennas in the streets and rights of way, leases for cell towers on municipal property generally, shot clocks, and the fees that can be charged for cell tower zoning and permitting. The Order covers all cell sites nationwide (not just 5G) by preempting state and local laws and practices which the FCC views as hindering cellular deployment.
The webinar will cover the Order, the current, fully briefed 9th Cirucuit court challenge to the Order – – and practical advice on what municipalities should do in response. In addition, we will describe 5G service, its’ pro’s and con’s, and why it will not be widely available soon – – with pictures of various 5G installations.
Briefly, under the Order:
Speakers: John Pestle & Jonathan Kramer
Risk Management is not an optional activity; it is essential to successful project management and delivery. Regulators, clients and the general public are increasingly expecting high quality risk management to provide confidence and certainty in the design, delivery and operation of projects across the globe. Join Eric and Richard as they demystify risk management by presenting the following topics:
This presentation is aimed at construction professionals who have little or no experience in project risk management. We will use some specific cases studies where Arcadis has applied risk management best practice.
Speakers: Richard Citrine & Eric Schatz
90 Minutes
The goal of this webinar is to provide practical information on managing municipal advisory relationships. The speakers will discuss the role of the municipal advisor, fiduciary duties, when those duties apply, and the sourcess of fiduciary duties. Speakers will also discuss the differences between solicitor and nonsolicitor advisors, the rights and protections under MSRB Rules G-17, G-20, G-37, G-42, and other municipal advisor regulations. Finally, speakers will discuss the scope of a municipal advisors services, performance, risk assessment, conflicts, and other related issues.
Speakers: Steve Apfelbacher, Lori Raineri, Gail Marshall & Robert Doty
120 Minutes
What municipalities need to know about cell tower leases, 5G’s impact, and the sale of cell leases.
This program provides municipalities (and all property owners) with the basics – – A to Z – – of cell tower leases on city property, such as a park, police station or city hall. It covers the impact of 5G service, which will require tens of thousands more cell sites, including describing 5G, why it will be rolled out slowly and why it may have little impact on lease rates or sales prices. It is presented by two attorneys with decades of experience representing municipalities on cell leases. The program starts by covering 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 15 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 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.
Speakers: John Pestle & Jonathan Kramer
Free live for IMLA members.
As recent reports by the Local Solutions Support Center (LSSC) and the National Employment Law Project (NELP) have highlighted, state legislatures around the country are increasingly abusing their power to preempt local authority on a wide range of issues. In response to the recent onslaught of preemption, local officials, local residents, and advocates have mounted increasingly coordinated and effective campaigns to defend their local authority from new preemption bills, and in 2019, a new trend emerged. Coalitions, in partnership with state policymakers, are pushing to repeal existing preemption and thus recover local power. Learn about successful campaigns in Colorado to repeal preemption in 2019, lessons learned for building effective preemption repeal campaigns, and recommendations for drafting strong preemption repeal bills.
Speaker: Laura Huizar
Municipalities need to move from ticking the box (completing the obligation to address sexual harassment in the workplace) to changing the culture. How does that work? This seminar provides a template for sexual harassment training, from claim prevention and avoidance, to addressing retaliation, along with substantive and practical guidance in helping employer, supervisors and employees in recognizing and distinguishing acceptable and unacceptable workplace conduct.
Speaker: Roberta “Robin” Cross & Daniel Crean
The panelists will present an overview of the modern best practices in zoning and development regulations for planned communities. Topics will range from traditional planned unit development regulations to form-based codes. The panelists will discuss how districts are established, approval processes, and standards that balance the flexibility and certainty needed to build out planned communities.
Speakers: Mark White, Evan Seeman & Dan Mandelker
This presentation, including both attorney and health care practitioner insights, will provide helpful strategies and best practices for conducting mental health assessments of police officers while complying with the ADA.
Speakers: Jonathan Mook, Roberta “Robin” Cross, Bettye Lynn & Dr. Anthony Stone
Net Blue is a collaborative initiative of the Alliance for Water Efficiency, the Environmental Law Institute, and River Network to support sustainable community growth. The project team members developed a model ordinance that communities can tailor and customize to create a water demand offset approach meeting local needs. The project team consulted with communities in different regions throughout the United States to help develop the model ordinance and the offset components, and to ensure that the program would be adaptable to many different political climates, legal frameworks, and environmental challenges.
This ordinance and the accompanying offset calculator can help manage scarce water resources and provide sustainability. Users will want to start with this interactive link to the ordinance which allows them to put in specific details about their community. A general fact sheet and FAQ can be found here as well as a recording of a webinar by the Alliance for Water Efficiency that walks through the background and available tools.
Speakers: Mary Ann Dickinson, Bill Christiansen & Adam Schempp
This presentation will address the following areas:
a. Requests for Bids
b. Requests for Proposals
c. Requests for Qualifications
d. Requests for Information
e. Bidding in construction contracts and alternate construction delivery methods.
Speaker: Majeed Makhlouf
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
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
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
This program will introduce practitioners to the use of Qualification Based Selection [QBS] documents for public infrastructure projects. State and local governments, due to legislative advancements and the increasing need for alternative financing for public work projects are being exposed to alternative project delivery models such as design-build, construction manager at risk, integrated project delivery and P3s. This program will draw distinctions and embrace commonalities between traditional, low-bid procurement documents and those used in QBS. Using model documents and essential items checklists, participants will learn how to structure procurement documents that will permit contractors to adequately price the project, ensure critical balance of risk and cost between the owner and the contractor, provide comprehensive evaluation criteria and processes that reduce likelihood of bid protests and draft adequate performance, commissioning and warranty provisions.
Program takeaways:
Speakers: Steven “Tip” Torres
Medical marijuana is currently legal in 29 states and recreational marijuana is currently legal in 8 states. This webinar will discuss the state legalization of marijuana and its effect on workers’ compensation law. Possible repercussions and impediments to following the state law in light of the federal law will be discussed.
Speaker: Wendy Karpel
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
You’ll learn about:
On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.
Little time in a planner’s education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.
The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.
Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls in the drafting process.
Speakers: Kimberly Mickelson & Susan Trevarthen
Do you know what metadata is? Are you aware of the potential ethics pitfalls that exist when sending and receiving metadata? Join us for a discussion of ethics issues related to the sending and receiving metadata that is specifically tailored to the needs and concerns of local government attorneys. Presenter will address attorney duties under ABA model rules 1.1 and 1.6 (competence and confidentiality, respectively), as well as a variety of state bar legal ethics opinions such as Tex. Legal Ethics Opinion 665 regarding an attorney’s duty to prevent the inadvertent transmission of metadata containing a client’s confidential information.
Speaker: Peter Haskel
This course will provide an overview of takings law before delving into more recent case law updates including an analysis of the continuing impact of Murr v. Wisconsin.
Speakers: John Echeverria & John Peloso
This presentation will address the prevalent use of social media, how it can be used as a valuable tool by cities, the role it plays in social and civic engagement, examples of where a policy would have been helpful, ethical and legal issues for consideration in adopting a social media policy, and best practices for doing so.
**This webinar is not approved as an ethics CLE**
Speakers: Kara Ueda
Municipalities are increasingly turning to private operation of various public water and wastewater utilities. For many other municipalities that have had these con-ops arrangements in place, renewal terms and options are quickly approaching. The cornerstone of these public private partnership arrangements is the operating agreement that exists between the vendor and the public owner. This program will explore the essential components of those operating agreements from a public owner’s standpoint. Program participants will be introduced to both the form and function of the main contractual components for these agreements, including pricing, risk assignment, performance standards, responsibility and cost for environmental and regulatory compliance; full and partial risk asset management; insurance and security, dispute resolution and capital and program expansion. Utilizing draft language and “lessons learned” case studies, participants will understand the how and the why of various cost and risk assignment provisions, and how to protect the public owner while ensuring a scalable business arrangement for private operators.
Program Takeaways:
Speakers: Steven “Tip” Torres & Jillian Jagling
Attendees will learn how to integrate solar energy into planning, zoning, and historic preservation processes from a law professor who specializes in these issues. The program will highlight Hartford, Connecticut, an inaugural DOE SolSmart Gold community, which has dramatically reduced barriers to solar and serves as a model for other cities.
Speakers: Sara Bronin & Dan Mandelker
This portion of the webinar focuses on issues relating to classification of individuals as employees and independent contractors. Both the US Department of Labor and the IRS (and some state lab or departments) have an interest in how employees are treated. Although the US DofL has withdrawn its administrative interpretation of several years ago, the consequences of misclassification continue to be significant. The webinar will seek to provide guidance on this important topic.
Speakers: Robin Cross & Dan Crean
While Carpenter v. United States, involving warrantless searches of cell site location data stole the show, the Supreme Court decided numerous police cases this term involving Fourth Amendment searches, qualified immunity, and other topics. Join Stuart Raphael, of Hunton Andrews Kurth LLP, who wrote the State and Local Legal Center amicus brief in City of Hays v. Vogt, involving the use of compelled, self-incriminating statements at probable cause hearings, Timothy Coates, Greines, Martin, Stein & Richland LLP, and Michael Connolly, Consovoy McCarthy Park, in a discussion of the police cases from this Supreme Court term.
Speakers: Stuart Raphael, Timothy Coates, Michael Connolly & Lisa Soronen
The passage of California’s Proposition 64 was just the beginning. Since its passage, lawmakers on the state and local levels have scrambled to enact legislation to regulate what has been hailed as the next great cash crop with the potential to change the state’s economy. The presentation will provide an overview of the federal and state conflicts, an overview of state regulatory regulations, and an in-depth discussion of different flavors of regulation on a local level, and challenges to respective local regulation.
Speakers: Victor Ponto & Amanda Charne
This program will cover the pilot Payroll Audit Independent Determination (PAID) program, current guidance on Joint Employers, proposed overtime pay rules and relevant Opinion Letters.
Speakers: Paul Sweeney, Joe Steflik, Jr. & Robin Cross
The United States Supreme Court has recently overturned years of precedent and ruled that a public-sector employer could not deduct an agency fee, or any other form of payment, to a public-sector union from an employee’s pay unless the employee affirmatively consented to the payment. Public agencies will feel an immediate impact by the Janus v. American Federation of State, County, and Municipal Employees decision in terms of how they collect fees — and potentially how they communicate about such to their employees. Join this webinar to learn more about how your local government clients will be affected by this recent decision.
Speaker: Roger Crawford
This presentation provides practitioners with a better understanding of a government’s ability to regulate demonstrations within the limitations imposed by the First Amendment.
Speaker: Tom Carr
This webinar will provide: (i) an overview of copyrights, trademarks, rights of publicity and privacy and defamation, and how these areas relate to municipalities; (ii) methods for protecting a city’s intellectual property through copyright and trademark law and related concepts; and (iii) special considerations associated with online activities and social media.
Speaker: Robert A. Monath
This presentation will discuss how different cities are thinking about future trends in zoning and planning, disaster recovery issues, and creating resilient infrastructure.
Speakers: Mary Beth Coburn & Catherine Ures
Inspections are the primary investigatory and enforcement mechanism for code or zoning enforcement officials. The role of administrative searches has been recognized by the United States Supreme Court as a legitimate and valid investigatory and enforcement mechanism used at all levels of government to enforce a variety of regulatory laws. This presentation will provide general principles under the Fourth Amendment of what constitutes a search, United States Supreme Court cases that provide the framework for administrative searches, exceptions to the search warrant requirement most likely to apply in code and zoning enforcement activities, and the procedural steps to obtain an administrative search warrant along with a description of the types of documentation necessary.
Speakers: Shannon O’Connor & Janet Spugnardi
Presentation will cover the use of experts in light of San Francisco County v. Sheehan, White v. Pauly, Plumhoff v. Rickard, and Mullenix v. Luna.
Speaker: Jack Ryan
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
The changing regulatory, enforcement and permitting standards surrounding the EPA and “Delegated States” implementation of the Clean Water and Clean Air Acts [“Acts”] have repercussions for municipal practitioners. If regulatory parameters and enforcement are curtailed through administrative policy or decision making, the result may be a plethora of new or revival of existing private “citizen” suits allowed under these Acts. This program will introduce municipal practitioners to the private enforcement provisions of these acts and the subject matter jurisdiction courts have to maintain suits. The procedures, requirements and essential elements for successful and sustainable citizen suits will be discussed. The procedural requirements of the Acts and “traps for the unwary” will be outlined. Essential affirmative defenses, litigation strategies and case assessment will be taught using real suits.
Program takeaways:
Speakers: Steven “Tip” Torres & Jillian Jagling
Speaker will provide updates on pension reform efforts around the country with particular emphasis on “hot spots” Illinois and Kentucky.
Speaker: Steve Goodin
Learn why cities plan, how they plan, and what happens when they don’t plan. Comprehensive planning and regulations of zoning, subdivision and permitting work together to shape the physical environments of our cities, and are a major determinant of quality of life. This webinar will discuss the range of available regulatory tools for local government, and will discuss key constitutional and legal principles underlying the proper exercise of local power.
Speaker: Susan Trevarthen
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:
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
In light of highly publicized sexual harassment allegations and the seemingly endless news coverage of high-profile cases, workplace investigations are under increasing scrutiny. While an effective workplace investigation can help protect an organization from liability, a weak investigation can increase legal exposure and reputational damage. This webinar will highlight the key challenges employers face when responding to misconduct complaints and provide in-house counsel with practical guidance on how to effectively oversee the investigative process.
Speakers: Daphne Anneet & Robin Cross
This presentation will discuss practical application of what you learned in last month’s workplace Investigations of discrimination/harassment. Tips on how to perform a neutral and fair investigation, including the written report of the investigation will be given. Also discussed will be the sensitive topic of complaints made against elected officials. The speaker has performed several investigations involving elected officials and can offer case studies, (names withheld), of how these were handled. They will also speak about employee mediations that I conduct with employees that are having conflict at work.
Speakers: Carla Cotropia & Robin Cross
Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses. This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.
Speakers: Bill Spikowski, Joe Kohl & Susan Trevarthen
Speaker will provide the economic theory of exactions (differentiating between mitigating negative externalities such as road widening and rewarding positive externalities such as property tax abatement as a form of “reverse” exactions), introduce the concepts of “planning harm” (a new term but one which leads to exactions as a way to reduce/prevent harm from planning decisions) and “planning gain” (such as when new development uses its value added to pay for infrastructure and when a new development agrees to share profits with local government). But most of the conversation will address mitigation-driven exactions:
Classes/Types of exactions
Monetary including fees or in-kind
Design
Environmental
Social
Cultural/historical
Exaction Processes/Procedures
Differentiating between mandatory and proffer contexts
Negotiation
Performance based
Speakers: Dan Mandelker & Arthur C. Nelson
One of the unique aspects of representing a municipality is the application of the Fourth Amendment to virtually all of the municipality’s actions. This webinar will explore how the Fourth Amendment limits municipal pre-employment/post-offer, random, and post-accident drug testing.
The presenters will cover drug testing in the DOT and non-DOT contexts and will provide relevant case law and useful practice tips to help you create or evaluate a drug testing policy that can withstand constitutional challenge. They will also discuss current testing issues with emphasis on marijuana testing methods and reliability.
Speakers: Robin Cross & Lindsay Rose
Local governments can single-out adult entertainment businesses for special regulatory treatment so long as the regulations allow such businesses to open and operate and are not motivated by a distaste for the content of the entertainment presented in such businesses. This webinar will discuss what cities should do to ensure that the zoning or licensing regulations they apply to adult entertainment businesses will be upheld if challenged.
Speaker: Alan C. Weinstein
On December 11, 2018, the EPA and the Army Corps of Engineers issued a proposed rule revising the definition of the term “waters of the United States” as it is used in the federal Clean Water Act. The proposed rule is the second time in the last 4 years, and 7th time since the Act was adopted that the federal government has revised the definition. Each iteration of the definition has had different implications for municipalities – both to the infrastructure that municipalities own and operate, and the property and interests of the residents. The latest proposal continues that trend with a very clear roll back of the 2015 rule. During the webinar we will discuss how the most recent is likely to impact municipalities and its likely path forward in light of existing litigation over the 2015 rule.
Speaker: Andre Monette & Lowry Crook
While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2017.
Speakers: Nancy Stroud, Peter Salsich, Jr, Dwight H. Merriam & Daniel R. Mandelker
The laws related to transgender and gender identity issues are evolving and changing. This session will provide an overview of the applicable laws and model policies regarding transgender employees and patrons of municipal facilities; discuss how to address transgender and gender identity issues; and cover some of the frequently asked questions surrounding these issues.
Speakers: Roberta “Robin” Cross & Keri-Lyn Krafthefer
Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.
Speakers: Marc P. Hansen & Charles W. Thompson, Jr.
Municipal and county governing boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. Consequently, they may conduct their meetings informally, applying procedural rules loosely and perhaps even inconsistently. This “down-home” approach might appear to work well when the board is dealing with noncontroversial matters. Yet when controversy arises – and it always does – the result can be multiple motions made in rapid succession and members who are confused about what they are being asked to vote on. In such situations, the presiding officer is likely to seek the advice of counsel. This presentation will arm local government attorneys with basic principles of parliamentary procedure, examine the legal sources of those principles, and review common procedural problems.
Speakers: Norma Houston & Trey Allen
This program will introduce practitioners to a fundamental structure for procurement offerings for public-private partnerships with municipal government. The program will walk attendees through the key structural elements of a request for proposals or other offering documents. The presenter will discuss each form of procurement including the following: 1) requests for information, 2) requests for qualifications, 3) requests for proposals and 4) requests for qualification and proposals. Each element of the evaluation will be discussed and participants will learn the intricacies of qualifications-based selection (“QBs”) as opposed to the traditional low bid offerings municipalities presently utilize.
The program will then turn to the essential elements contained in a P3 contract between the government owner and the industry organization. Risk assignment, shared cost and profit ownership, and return of facilities joint permitting and other items including comprehensive insurance & surety products will be discussed.
Speakers: Steven “Tip” Torres & Jillian Jagling
The U.S. Supreme Court granted certiorari review of a regulatory taking case for the October 2016 term which is focused on the issue of how the court measures the property interest at issue in determining whether the impact of the governmental regulation triggers the requirement for compensation. The case involves a challenge to a lot merger ordinance that involuntarily merges substandard lots by operation of law with a commonly owned, contiguous lot so as to make one fully conforming lot. Regulatory takings expert and organizer of the annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations Professor John Echeverria wrote an amicus brief in the case on behalf of a group of economists to help the Court understand how regulatory restrictions affect the value of land and will discuss the case and its potential impacts on the law with land use webinar hosts Susan Trevarthen and Dan Mandelker.
Speakers: John Echeverria, Susan Trevarthen & Dan Mandelker
While some folks are gearing up for a day of candy hearts and romance, the rest of us are biting our nails and sitting on the edge of our seats waiting for AMC to roll out the latest Walking Dead episodes. Using this critically acclaimed dystopian zombie thriller as a backdrop, Ms. Moran walks attendees through several important tips for navigating the risky waters of employee discipline (no actual knowledge of the Walking Dead required).
The presentation will address a variety of legal issues that arise during the disciplinary process, including practical limitations on at-will employment and how to avoid discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and similar laws governing the employment relationship. The presentation will also look at the EEOC’s guidance on employee discipline and termination and offer practical strategies to help navigate the high-risk process of separating employees.
Speakers: Marilyn Moran & Roberta “Robin” Cross
The SMART pilot program is designed to address low-level misdemeanor offenders who repeatedly cycle through the criminal justice system committing drug and quality of life offenses. These repeat offenders often have no access to services, coordination of care, or meaningful incentives to engage with social service providers. The goal of the SMART program is to safely divert chronic misdemeanor offenders, particularly those who are otherwise resistant to intervention, to a case manager, individualized treatment, and tailored housing placement. It is a collaborative effort between the San Diego City Attorney’s Office, the San Diego Police Department (SDPD), and the San Diego County Sheriff’s Office.
Speakers: Lara Easton & Natasha Robertson
Click here to view a descriptive outline of webinar.
Speaker: Carson J. Tucker
In preparing for FirstNet (or for State Alternatives), Local government attorneys, as soon as the third quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet begins to deploy its network. Or, local government attorneys may be called upon to negotiate a similar agreement with a state-run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves. The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:
• 6206(c)(2) which created an obligation for FirstNet to consult with regional, State, tribal, and local jurisdictions on network elements and construction; and
• 6302(e)which provides that after a 90 day review period, the governor of each state may “opt in” or “opt out” of FirstNet, but if the governor opts out, that states has only 180 days to develop an alternate plan that must be approved by the FCC.
This presentation will explain the law, share insights from FirstNet and from attorneys that have been actively engaged in the State planning process, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next several months as FirstNet and State opt out decisions are being made. Participants will seek to provide practical guidance to protect your community in an environment where they must react to these decisions.
Speakers: Gerard Lederer, Barry Fraser, Mike Watza, Ken Fellman, Kevin Green (FirstNet) & Ryan Oremland (FirstNet)
Part of the focus of this webinar will be on the protected Classes that the EEOC will be targeting, especially Religion and Ethnicity.
Speakers: Lawrence Lee & David Roth.
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
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
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
What limits can be placed on public comment or advertising in various kinds of public forums? How far do the protections of the government speech doctrine reach in an era of public private partnerships? These questions have gained new urgency following the 2015 Supreme Court decision in Reed v. Town of Gilbert. Sign law guru Randal Morrison will join one of his co-authors of the IMLA joint amicus brief in Reed, Susan Trevarthen, and Sacramento city attorney Gerald Hicks to explain the current state of the law governing public fora and government speech.
Speakers: Randal Morrison, Gerald Hicks, Susan Trevarthen & Dan Mandelker.
The demands on agencies to operate custody facilities within Constitutional guidelines is challenging, particularly during times of budget constraints. This webinar will explore the potential risks of falling below Constitutional guidelines. There will be discussion of Department of Justice investigations resulting in Consent Decrees, and a discussion of class action litigation brought on behalf of inmates and the methods of avoiding, managing and resolving such litigation.
Speaker: Jeb Brown
The IMLA International Committee will kick off its inaugural 2017 series of webinars on April 4th at 1 PM Eastern with a conversation between Michael Humphries QC and Dwight Merriam, FAICP entitled “Retrofitting Our Cities for the 21st Century” They will offer a cross-cultural comparison of the U.K. and U.S. of the infrastructure challenges and solutions facing both nations. There are lessons to be learned from how the issues have been addressed in the U.K. that have “take away value” for those of us in the U.S. and Canada.
Speakers: Michael Humphries (UK) & Dwight Merriam (US)
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.
Speakers: Kevin Madonna and Robert Bilott
Over the last two years there has been debate and discussion over law enforcement’s use of force, particularly in areas with large minority communities. This session focuses on the law, community expectations, and recent proposals put out by President Obama’s 21st Century Policing task force as well as the National Consensus on Use of Force promulgated by a number of law enforcement groups. Comparisons between the legal standard and recommendations, exhibit the potential that law enforcement officers may be held to two distinct standards with respect to use of force. Attorneys representing public entities should be aware of these two distinct standards and how they may become blurred in legal claims of excessive force.
Speaker: Jack Ryan
They don’t teach management in law school. Whether you run a small office or an extraordinarily large office the same principles often apply. G. Foster Mills was the Managing Attorney for the Corporation Counsel for the City of New York for over 12 years and will discuss some of the principles that he used in managing that office, some of the lessons he learned and some of the pitfalls to avoid. Charles W. Thompson will moderate the program and also talk about some of the principles that he used in managing a small office and a larger office when he was County Attorney in Carroll County, Maryland and then in Montgomery County, Maryland. The program will include discussions on basic principles coupled with some of the more esoteric theories of management. Both speakers will try to answer your questions during the presentation. Among the topics covered will be discussions of:
Speakers: Foster Mills and Chuck Thompson
President Trump’s January 25 Executive Order on “Enhancing Public Safety in the Interior of the United States,” and specifically its provisions related to “sanctuary jurisdictions,” have been subject to litigation. This webinar will help local government officials understand, and learn how to explain, the legal issues at stake in this litigation.
Speakers: Lisa Soronen, Amanda Kellar and Hadi Sedigh
This program will introduce practitioners to the various forms of public-private partnerships currently being developed in municipalities around the country. The four most common forms of P3s include the following: 1) water and wastewater utilities, 2) energy project development, 3) public and sports recreational development, and 4) economic development. This program will teach municipal practitioners how to distinguish, differentiate and structure the deals based on the public purpose of the program. Essential contract provisions that vary between the forms of transaction will be identified and various language risk and cost-sharing arrangements will be discussed. Specific and preferable forms of land and facility ownership facility valuation net present valuation and forms of compliance foreclosure and termination options will be discussed.
Speaker: Jillian Jagling
What makes a land use cases different from other cases? This webinar includes practical tips and insights from a former superior court judge on best practices for land use cases.
Speakers: Michael Giaimo, Dan Mandelker & The Honorable Peter Buchsbaum
The employment relationship is unique. Employers quite rightly view employees to be extensions of their business or organization, serving as representatives of the employer’s goals and mission. Employees for many purposes become the public face of the employer. Indeed, in many circumstances, the acts of an employee can become legally binding on the employer. Accordingly, it would seem that employer has a very strong interest in employing people whom the employer believes display character traits consistent with its own values.
When an employee engages in bad acts while on the job, the employer’s interest in regulating and disciplining the employee for such is obvious and unquestioned. The more difficult question is posed by circumstances where the employee engages in bad acts while off-duty. Does the employer have a legitimate interest in disciplining an employee, to include terminating him, for such off duty conduct? If the employee and his character become extensions of the employer and the face of the business or organization, doesn’t the employer have a compelling interest in determining whether their employment relationship should continue when the employee has engaged in behavior that the employer finds morally repugnant? What are the legal constraints on such terminations?
In this presentation, the term “moral turpitude” shall refer to any act by an employee that portrays a base or depraved character, including illegal, unethical, or immoral conduct, as well as behavior that is judged to be outside societal norms. Though such standards of conduct are perhaps difficult at times to establish and consensus may not be universal, the oft-used phrase “conduct unbecoming” is the essence of concept addressed by this discussion.
Speakers: Thomas S. Rice & Roberta “Robin” Cross
The growth of ride sharing and short-term rental websites and applications have disrupted the hotel and transportation industries. These disruptions affect cities in a number of ways, including licensing, regulation and land use impacts. This webinar will provide an overview of these impacts and explore ways in which cities can mitigate the harmful impacts and take advantage of the positives ones.
Speaker: Josh Nelson
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
The tragic events of 2014 in Ferguson, Missouri in the wake of the shooting of Michael Brown by Officer Darren Wilson, not only triggered protests and civil disorder, placed a community of 20,000 people at the center of vigorous debate in the United States about the relationship between law enforcement officers and African Americans, the militarization of the police, and the use of force doctrine in Missouri and nationwide.
In response to the shooting and subsequent unrest, the U.S. Department of Justice conducted an investigation into the policing practices of the Ferguson Police Department. In March 2015, the U.S. Justice Department announced that they had determined that the Ferguson Police Department had engaged in misconduct against the citizenry of Ferguson, by discriminating against African-Americans and applying racial stereotypes, in a “pattern or practice of unlawful conduct.” While the conclusions of the 100 page report pertaining to law enforcement priorities were widely reported, media account predominantly focused on law enforcement practices. The report also detailed practices in the municipal court that that imposed substantial and unnecessary barriers to defendants that undermined the court, eroded community trust, contributed to making policing less effective, and ultimately devastated the City of Ferguson.
As the City of Ferguson works to rebuild a community that is damaged in multiple ways, U.S. Department of Justice Civil Rights Division’s report provides insights that may prevent other cities thought out the United States from experiencing similar tragedies.
By the end of the session, participants will be able to:
Speaker: Ryan Kellus Turner
This presentation will introduce legal issues in local government finance, including those that confront counsel when raising revenues, making expenditures, and borrowing money. The webinar describes the different characteristics of taxes, fees, and bonds, and includes important practice information such as constitutional and statutory limitations.
Speaker: Eric Shytle
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.
Speakers: Tom Lynch, Trish Weaver & Charles W. Thompson, Jr.
You’ll learn about:
On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.
Little time in a planner’s education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.
The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.
Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.
Speakers: Kimberly Mickelson, David Silverman & Dan Mandelker
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 Michael Adams, who has over 18 years of experience in the IT industry, 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 Michael are expected to address such important areas as:
Speakers: Jonathan Mook, Michael Adams & Dan Crean
Our speaker, a professor of planning at Kansas State, is widely acknowledged as one of the nation’s preeminent authorities on farmland preservation. If you care about feeding this and future generations, you will want to join us for this eye-opening discussion of how you can preserve that production base through regulation.
Speakers: John Kellar, Dwight Merriam & Daniel Madelker
Employees check out their Facebook friends at work. Did you see the tweets? Put the cellphone down! Social media has inundated our lives. Are your personnel policies up to date to address the lack of productivity and use of public resources? What can you monitor – and what can you use to discipline an employee? This webinar will explore the variety of personnel issues that social media implicates in the municipal workplace and provide important pointers to avoid the pitfalls.
Speakers: Cindy J. Crosby & Roberta “Robin” Cross
Attorneys Christopher Petrini and Christopher Brown, experienced practitioners in both municipal law and construction law, will present an informative program on risk allocation issues for public construction projects, including indemnification provisions, insurance requirements, and payment and performance bonds.
Speakers: Chris Petrini & Christopher Brown
In February, the IMLA land use webinar schooled you on Murr v. Wisconsin. The Supreme Court has now upheld the County ordinance at issue. On July 27 at 1 pm ET, tune in to hear Susan Trevarthen talk to John Echeverria, Lisa Soronen, and Jeffrey Mandell authors of amicus briefs in the case, who will analyze the opinion and discuss its implications for local government regulations going forward.
Speakers: John Echevarria, Lisa Soronen, Susan Trevarthen & Jeffery Mandell
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
Although the Kelov. New London SCOTUS decision upheld the local exercise of eminent domain for redevelopment – transfer of private property to private developers to revitalize blighted urban areas – you wouldn’t know it. The backlash from Kelo has been intense but mixed: anti-eminent domain and anti-redevelopment sentiment has increased, but efforts to constrain local eminent domain power and redevelopment have been largely unsuccessful. In the immediate aftermath of Kelo, the federal government and many states attempted to restrict the use of eminent domain for redevelopment, but these efforts failed for the most part. The California legislature and Governor Brown, however, abolished redevelopment in 2012. The webinar will touch on the pros and cons of eminent domain for redevelopment and legislative inroads into the eminent domain power.
Speakers: Susan Trevarthen, Andrew Schwartz & Dan Mandelker
Over the last two decades, law enforcement has become increasingly aware of how a failure to produce exculpatory evidence to a defendant facing trial may impact a conviction of the defendant. Through a number of cases, law enforcement is well aware that the failure to notify the prosecutor that exculpatory evidence exists may not only impact the conviction of the defendant but may also lead to civil liability for the investigators and the agency.
This session focuses on the foundation cases that created a prosecutorial duty to turn over exculpatory evidence to the defendant or face consequences including the dismissal of criminal charges. Over the last two decades, law enforcement has been held liable for this Constitutional obligation of prosecutors when a failure of law enforcement to turn over exculpatory evidence has led to a wrongful conviction.
In the 2016-2017 term, the United States Supreme Court provided further detail to the requirements of Brady in Turner v. United States. Turner and the details of the materiality requirement will be discussed.
The main objective of this session is to discuss the liability of municipal law enforcement officers and municipalities when there is a Brady violation as well as the obligation of municipalities to make the prosecutor aware of officers who have a personnel history that may impact their credibility as a witness. Strategies for avoiding these liabilities will also be offered for consideration.
Speaker: Jack Ryan
What do the Golden Rule, the Girl Scouts, Robert Fulgram and the ABA’s Model Penal Code for Lawyers have in common? That’s right – you!
Some rules are mandatory, others are merely aspirational. Certain laws restrict behavior, while others just require submission of standardized forms. All are meant to curb corruption and instill confidence in the minds of the citizenry. Lawyers whose client is the public should remain mindful not just of the requirements and procedures, but also the spirit of good governance and the broad unwritten ethical responsibilities that come with that practice…
Speakers: Alan Bojorquez & Robin Cross
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.
Speaker: Elaine Greenberg, Saliha Olgun and Robert Doty
Come on, just because the commissioner’s brother-in-law is the applicant for a shopping center shouldn’t be a problem, should it? And the fact that another commissioner is a Deacon in the church nest door is no concern? Or that the elected chair of the commission ran on a platform of saving the small town local merchants from those evil big boxes? Prof. Owens has something to say about all this and more!
Speakers: David Owens, Dwight Merriam & Daniel Mandelker
Tips on preparing for bargaining and reaching your goals, holding your ground, maintaining legal compliance with contract language, giving the other side an opportunity to say yes and closing the deal.
Speakers: Steven Schuback & Robin Cross
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
What happens if an opposing lawyer is acting badly or unprofessional? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.
Speaker: Dolores Dorsainvil
The program will discuss the important role that legal counsel plays in pursuing recoveries for large and complex insurance claims resulting from Hurricanes. While insurance risk management may not ordinarily be handled by counsel, when large losses are suffered legal advice and participation are important at various stages of the claim process, including the interpretation of insurance contracts, the identification of potential coverage issues, and the development and pursuit of strategies for driving a claim to a prompt recovery. The program will provide and discuss a checklist of important tasks requiring counsel’s participation, and address important coverage issues, such as whether a loss falls within exclusions or low limits for flood damage.
Speaker: Finley Harckham
Mike and Neil will provide an overview of how the ADA applies to public facilities and services. The program will begin by discussing the application of the ADA to local public entities. The program will then proceed to discuss litigation strategies in defending Title II lawsuits.
Speakers: Neil Okazaki, Michael Chileen & Roberta “Robin” Cross
Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses. This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.
Speakers: Bill Spikowski, Joe Khol, Susan Trevarthen & Daniel R. Mandelker
In King County v. Vinci/Parsons RCI/Frontier-Kemper, JV and Liberty Mutual et al., King County won a contract dispute returning to it over $130 Million and $15 Million in attorneys’ fees. Learn how and learn how the construction contract provisions enabled this win. When construction contracts go well, no one seems to notice but when they break bad, they’re in the news. A loss can be disastrous, put yourself in a position to win.
Speaker: Mary Englund
This program will briefly describe RLUIPA’s basic provisions, followed by a discussion of at least 10 lessons municipalities and their counsel should heed based on the past 10+ years of RLUIPA litigation. The key to preventing extremely expensive and highly emotional RLUIPA claims is to proactively plan for religious uses and to educate local decision makers. This program will provide practical advice on how municipalities can avoid the costly mistakes of other communities.
Speakers: Dwight Merriam, Dan Mandelker, John Peloso, Karla Chaffe & Diana Neeves
Speaker will share valuable lessons learned from litigating issues arising from Concord, New Hampshire’s excavation fee ordinance. This presentation will also include a broader discussion of excavation fee ordinances as well as key insights and tips for cities wishing to implement similar ordinances. See description below.
After nearly 7 years of litigation, the New Hampshire Supreme Court issued an Order which found that Concord NH’s excavation fee ordinance, which charges utilities a fee to excavate paved roadways, is valid under New Hampshire law. This is a significant victory for both Concord as well as other municipalities across the United States in their efforts to preserve paved roadways.
By way of background, following years of research throughout the 1990s and 2000s, Concord observed deterioration to its paved roadways as a result of utility excavations. In 2009, the Concord City Council adopted the excavation fee ordinance to protect Concord’s taxpayers from paying the long-term deterioration costs that occur when utilities excavate and patch paved roadways. In July of 2010, Liberty Utilities (natural gas company) brought a lawsuit in Merrimack County Superior Court challenging Concord’s excavation fee ordinance as invalid. Concord defended the validity of the ordinance, which included several proceedings in the trial court, including a 6-day bench trial, and two appeals to the New Hampshire Supreme Court. Ultimately, the NH Supreme Court found in favor of Concord– the excavation fee ordinance was deemed valid, and therefore, Concord was entitled to retain all excavation fees collected and maintain its excavation fee ordinance.
Speaker: James Kennedy
While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2016.
Speakers: Nancy Stroud, Peter Salsich, Stuart Meck, Carol Brown, Dwight Merriam & Dan Mandelker
The ABA model rules tells us that a “lawyer shall provide competent representation to a client,” and notes that “competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” How far does the ethical obligation of technological competence extend and how can non-geek lawyers satisfy it? This presentation will provide insights into this topic and provide a discussion of ABA Model Rule 1.1, Comment 8.
Speaker: Peter Haskel
Municipalities understand the obligation to address sexual harassment in the workplace. Unfortunately, some individuals view sexual harassment training and education as a means of learning the ropes of how to harass instead of how not to engage in harassment. This seminar provides a template for sexual harassment training, including preventing and addressing retaliation, along with substantive and practical guidance in helping employer, supervisors and employees in recognizing and distinguishing acceptable and unacceptable workplace conduct.
Speakers: Dan Crean, Roberta Cross, Warren Kraft
Federal Law Landscape: Since 1998 and the U.S. Supreme Court’s Decision in Sacramento v. Lewis, the likelihood of a federal claim in a pursuit case has greatly diminished. A portion of the webinar will cover the U.S. Supreme Court cases involving pursuits including: Scott v. Harris (2007); Plumhoff v. Rickard (2014); and Mullinex v. Luna (2015 per curiam) and the impact of these decisions on potential federal civil rights actions in pursuit cases.
State Discussion: A view of several different state emergency vehicle operation codes that provide some protection for injuries caused during pursuits.
Generally accepted practices on pursuits: This portion focuses on the varying policies and training being utilized by law enforcement around the country with respect to the decision to pursue; the tactics used to end pursuits; and agency reviews of pursuits.
Speaker: Jack Ryan
Officer involved shootings and the potential for police liability in those shootings have become a focal point in the American consciousness. Considering this, it is important to understand what is needed to successfully defend officers involved in these shootings. “Anatomy of a Shooting Trial” will provide an introductory look at the trial tactics, strategies, and logistics of the civil defense of an officer and assist you in your next officer involved shooting trial.
Speaker: John Wilkerson
No question about it, Reed v.Gilbert, Arizona, the US Supreme Court’s recent decision on content-based signage is the big deal and has been the subject of much discussion, speculation, and angst. We will certainly address that decision and its fallout, with some real “take-home” advice on how to patch up local regulations, parts of which have been rendered unconstitutional on their face as a result of the Reed decision. However, we will go beyond that to look at recent developments in electronic signage and the always nettlesome problem of temporary signs. Finally, we will top it off with what probably should be the first question in most cases: is it a sign?
Speakers: John Baker, Brian Connolly, Susan Trevarthen, Dwight Merriam & Dan Mandelker
Panelists, who developed the IMLA Model Employment/Retainer Agreements, will discuss best practices and identify the terms and conditions that should be considered in any employment agreement for a full-time in-house chief legal counsel, or a law firm or individual who is retained to serve as chief legal counsel utilizing the recently developed IMLA Model Employment/Retainer Agreements.
Speakers: Marion Radson, Howard Friedman, Susan H. Churuti & Charles W. Thompson
Properly conducted internal investigations can be key to successfully solving workplace conflicts and defending complaints involving municipal employees. Common mistakes in investigation techniques can lead to adverse consequences, especially in the public sector. Join popular IMLA presenter and employment lawyer Sheila Gladstone for guidance on how to “do it right” and avoid traps and missteps along the way.
Speakers: Dan Crean & Sheila Gladstone
Local governments nationwide are faced with debilitating defined benefit pension costs and deficits. Without modification, these pension plans threaten financial crisis, and may result in layoffs of public employees, reduced governmental services and increased taxes. The decision to modify a pension plan is not simple, however. The public employer’s ability to amend its pension plans is regulated by state laws which protect the retirement income of public employees. Pension modification is an arduous process that likely will result in litigation.
In 2011, the City of Atlanta faced an approximately 1.3 billion dollar unfunded pension deficit. Atlanta City Attorney Cathy Hampton and the Law Department were integral to the City of Atlanta’s historic pension reform by drafting the reform legislation, facilitating implementation and successfully defending it against a legal challenge. On November 10, 2014, the Fulton County (Georgia) Superior Court granted the City’s Motion for Summary Judgment. In a 34-page opinion, the court affirmed the constitutionality of the reform and dismissed the class action lawsuit in its entirety. (Stephen Borders, et al. v. City of Atlanta, et al., Fulton County Superior Court Case No. 2013-CV-23902).
On November 2, 2015, the Supreme Court of Georgia unanimously affirmed the Fulton County Superior Court’s grant of summary judgment. (Supreme Court of Georgia Case No. S15A0816) The Supreme Court held that the City’s increase of employee pension contributions did not impair Plaintiffs’ employment contracts. In so holding, the Court ruled that the contribution increase did not alter the employees’ protected pension benefits, but instead altered the employees’ unprotected pension obligations. This legal victory provides a roadmap for other local governments seeking to remediate escalating pension costs rather than suffer from escalating debt.
City Attorney Cathy Hampton, Chief Counsel Robin Joy Shahar and Assistant City Attorney Seth Eisenberg will bring a breadth of knowledge for the development and legal defense of strategic pension reform.
Speakers: Cathy Hampton, Robin Shahar & Seth Eisenberg
There is a great deal of discussion across the country regarding the benefits and drawbacks of body cameras, but with 120 cameras in the field for the past year, Duluth is in a unique position to take it a step further and demonstrate the “boots-on-the-ground” impact of this emerging technology on both police work and trials (tech issues, costs, retrieval and preservation of evidence, impacts on courtroom dynamics, and so on). This presentation will focus on the manner in which body cameras are changing police considerations in the field, as well as the approach of prosecutors at trial.
Speaker: Nathan N. LaCoursiere
Local governments can single-out adult entertainment businesses for special regulatory treatment so long as the regulations allow such businesses to open and operate and are not motivated by a distaste for the content of the entertainment presented in such businesses. This webinar will discuss what cities should do to ensure that the zoning or licensing regulations they apply to adult entertainment businesses will be upheld if challenged.
Speakers: Alan Weinstein, Dwight Merriam & Dan Mandelker
Employee handbooks and personnel policies can provide necessary and appropriate guidance and direction for employees based on long-standing and updated laws. Workplace rules should be reviewed to ensure that the workplace is presently current and compliant with laws and regulations. Periodic updating of handbooks and policies is an important practice to ensure compliance of workplace standards and to avoid risk of future claims. As Labor and Employment management counsel for both public and private sector employers, Messrs. Lee and Brown will present information on the key employment policies that you may need to add or revise as a measure of employer protection.
Speakers: Dan Crean, Lawrence Lee & Adam Brown
Given the present climate in police-community relations, it is not uncommon for a law enforcement agency to face protests and ever increasing calls for state, federal and/or civilian oversight following a widely publicized officer-involved death. This webinar will present a case study of one suburban, Southern California city that faced such a challenge, the policing issues involved, the competing state and federal interests, the resulting reforms, and the lessons learned as told by the city attorney who negotiated the stipulated judgment and its dissolution five years later.
Speaker: Gregory Priamos
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 accidentally 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 W. Pestle & Jonathan Kramer
The program will discuss the basic requirements of the Americans with Disabilities Act. The first part of the presentation will be on Title I of the Act and duties public agencies have in responding to reasonable accommodation requests made by employees. The second part will discuss Title II and the duty that public agencies have to make all services, programs and activities accessible. This part will focus on public facilities that are subject to Title II, and ensuring that cities maintain facilities, including the public right-of-way, in a manner that provides access to all citizens.
Speakers: Alison Alpert & Michael Maurer
Don’t Bogart that Joint My Friend!
Things are smokin’! The U.S. Supreme Court just decided not to even hear the claim of Nebraska and Oklahoma, complaining that Colorado’s recreational marijuana was wafting crime over state lines. What’s happening all across the country with medical marijuana and recreational initiatives? How can you plan and regulate for these uses? It’s not going away; it’s expanding rapidly and you’re either dealing with it now or will be soon. Our expert panelists live and work at ground zero and have, shall we say, the latest dope on the subject.
Speakers: J. Marcus Painter, Tom Ragonetti, Dwight Merriam & Dan Mandelker
Across the nation, persons with mental illness and co-occurring substance abuse repeatedly circulate through the criminal justice system causing significant challenges for municipalities. This webinar will examine the challenges municipalities face regarding these issues from the police officer arresting the mentally ill suspect through that person’s trial and detention and provide insight into possible solutions municipalities may wish to implement to combat these problems. The presenters will discuss alternatives to traditional criminal court for these individuals, including behavioral court and the need to allow for competency screenings on the municipal level.
Speakers: Martha Means & Bruce Eddy
The future is arriving via the fast lane. The impending deployment of driverless vehicles is coming, with pilot projects already in place across the country. Regulations are already being developed and implemented in multiple states, and the federal government is actively funding the safe development of autonomous vehicle technologies. The advent of driverless cars will mean huge changes to both transportation planning and infrastructure, and given the long life and cost of infrastructure development, local governments need to begin thinking about these issues today. Cities must be prepared to integrate driverless vehicles, including cars and buses, into the existing transportation network in a safe and orderly manner. This new technology will impact many areas of local government, including public safety, parking, and traffic. Understanding this new technology and planning ahead will allow for smoother integration of autonomous vehicles onto our roads. This presentation will explore the legal and policy questions autonomous vehicles raise and discuss ways to be a smart leader in the forthcoming driverless revolution.
Speakers: Steven De Baun, Greg Rodriguez, Jamey Wyman & Jordan Ferguson
The webinar will provide an introduction to new psychoactive substances (emerging synthetic drugs) affecting cities across the U.S., such as synthetic cannabinoids, synthetic cathinones, and synthetic opioids. The discussion will address the associated health risks to users, as well as the related stress on local emergency medical services and hospitals that synthetic drug use and overdoses can cause. The webinar will provide details on local law enforcement efforts used to tackle synthetic drug cases, will discuss challenges to drug and chemical testing issues, and will also highlight various community outreach efforts that can be used to effectively address synthetic drug abuse.
Speakers: Marta Markowska, Melissa Shear & Argatonia Weatherington
This session would focus on plaintiff’s attack on officer use of force when dealing with person’s of diminished capacity. I note that the American with Disabilities Act’s application is still up in the air follow SCOTUS decision that the ADA portion of San Francisco’s appeal was improvidently granted. The session will also look at training that plaintiff will utilize as spring board for failure to train claim as well as to show an inappropriate response by the involved officers.
Speaker: Jack Ryan
Municipal Management of Millennials: Millennials have many special needs and desires and we will address these, particularly in the land use and transportation context. Our guest has researched and reported on the travel choices of Millennials, choices that profoundly affect how we plan and regulate for land use. Get out ahead of the emerging trends by joining us for this unique view into the ever-changing landscape being shaped by the Millennials. You’ll ad a new word to you vocabulary, too: “automobility”!
Speakers: Noreen C. McDonald, Dwight Merriam & Dan Mandelker
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 W. Pestle & Jonathan Kramer
The average American city today partners with private parties to provide 23 out of 65 basic services. The key to redevelopment and new development in terms of leveraging the advantages of public finance to incentivize private development is in Public-Private Partnerships (P3). Those of you new to P3 will get the basics and those of you who are veterans of P3 will be brought up to sped on the latest developments by Prof. Arthur “Chris” Nelson, the country’s leading expert and author of the recent book Foundations of Real Estate Development Financing: A Guide to Public–Private Partnerships http://islandpress.org/book/foundations-of-real-estate-development-financing
Speakers: Arthur C. Nelson, Dwight Merriam & Dan Mandelker
Popular ADA presenter Jonathan Mook returns to review and analysis selected, timely topics involving ADA and reasonable accommodation. Discussion may include some of these topics:
Speakers: Jonathan Mook & Dan Crean
The US Supreme Court shook up First Amendment jurisprudence with this sign regulation decision on June 18, 2015. The ripples from Reed have touched a wide range of federal, state and local regulations of speech. This webinar will take stock of the impact of Reed on its one-year anniversary, and share lessons learned from the cases that have interpreted and applied Reed to local government regulations of speech.
Speaker: Susan L. Trevarthen
Civil rights lawsuits often include allegations both against a police officers and the City for which the officer works. An attorney assigned to represent both the officer and the City needs to be mindful of the potential for conflicts. “The City and the Cop: Representing Both Without Harming Either” will outline the important rules of professional conduct, where one client’s interest may be adverse to another’s, and what exceptions allow an attorney to represent both parties without facing the risk of disqualification, including a discussion of Model Rule 1.7.
Speaker: John Wilkerson
Short term rentals (STR) have had great impacts, some good and some bad, on communities and individuals. Learn about the challenges that come with regulating STRs from the example of Austin, Texas, which has been one of several “ground zero” cities coping with STRs and how its regulations have evolved over time. Our guest will be Trish Link, an attorney with the City of Austin’s Law Department, Land Use-Real Estate Division (B.A. Louisiana State University; J.D. Texas Tech University). Email our co-moderator, Dwight Merriam, with your questions and what you would like to see covered, and we will do our best to address them (email will be given when registered).
Speakers: Dwight Merriam, Dan Mandelker & Patricia “Trish” Link
Managing employee medical leaves often leaves human resources and legal counsel scratching their heads – or worse, with a medical condition of their own! In “Your Leave is Giving Me a Migraine!”, we will examine through hypotheticals the employee’s eligibility and notice requirements as well as the employer’s obligations under the Family and Medical Leave Act. The exhaustion of or non-eligibility for FMLA leave does not wholly encompass an employee’s leave entitlement, and we will also therefore examine the “leave as a reasonable accommodation” requirements of the Americans with Disabilities Act.
Speakers: Crystal Clark, Dan Crean & Robin Cross
In this lively webinar, Brian Jackson and Jennifer Will address the impact of social media on the workplace – pros and cons. Social media has changed how employers go about hiring, conducting background checks and communicating with customers and constituents, but it can also lead to decreased productivity, confidentiality breaches and unintended overtime. While addressing both risks and rewards, this session will touch on federal labor and employment trends as well as some interesting ways employees have gotten fired through their use of social media!
Speakers: Dan Crean, Jennifer Will & Brian Jackson
As the debate about drones continues to evolve, one fact remains — local government attorneys are on the front line where precedent-setting action will take place. Municipal attorneys are on their own in a pioneering environment where they have to publicly debate, draft, and defend new ordinances governing the public and private uses of drones; manage local residents’ concerns about public safety and privacy, and still allow for innovative uses of technology. Old ways of making laws may not address these new, digitally connected devices.
This presentation will analyze case studies, demonstrate technology, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the new drone-related era of municipal law both in regulating the use of drones and in the government’s own use of drones. It will also provide an update on the status of the FAA law and regulations as they pertain to drones and discuss preemption issues that local governments need to be aware of with regard to drones. The presentation will also provide practical tips and a discussion of how to draft an effective and enduring drone ordinance.
Speaker: Gregory McNeal
More and more municipalities are facing balance sheet problems caused by underfunded pension liabilities and too much outstanding debt. On top of that, many municipalities are having trouble funding needed ongoing capital expenditures on the water, sewer and other systems they own. A sale or long-term lease of such systems can generate money to address these unfunded liabilities. The presenters will review how such asset transactions are accomplished through a process that encourages the highest bids.
Speakers: Benjamin A. Haverstick & David Unkovic
Local government attorneys, as soon as the first quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet proves its case and prior to equipment becoming universally available. Or, local government attorneys may be called upon to negotiate a similar agreement with a state run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves.
The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] The law provides FirstNet’s mission is to build, operate and maintain the first high-speed, nationwide wireless broadband network dedicated to public safety. FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:
This presentation will explain the law, share insights from participants that have been actively engaged in the FirstNet process and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next 6 to 9 months as FirstNet decisions are being made and will seek to impart provide practical guidance to protect your community in an environment where they must react to the decision of others.
Speakers: Barry Fraser, Gerard Lederer & Michael Watza
The affordable housing crisis continues and in many areas has worsened. Join us with a guest scholar on the subject to learn more about the nature and extent of the problems, what municipalities have tried with and without success, what strategies are proven and promising, and what you, as local government lawyers and planners can do to help meet the demand for more affordable housing.
Speakers: Brian Stromberg, Dwight Merriam & Dan Mandelker
This perennial IMLA webinar reviews and analyzes the 2015 and 2016 Employment Law Decisions from the United States Supreme Court and selected federal court along with selected decisions from state courts.
Speakers: Dan Crean & Douglas Haney
This course will discuss the development of Dillon’s Rule and how it may apply to local governments around the country. The course will also discuss the Home Rule movement, the different forms of Home Rule and the intersection of Home Rule with Dillon’s Rule – where they align, where they conflict and where they work tangentially or in tandem. Examples of how Dillon’s Rule applies and how Home Rule applies tend to be state specific, but in discussing state specific examples the course will use those examples to explain how these principles may apply across jurisdictional and jurisprudential boundaries.
Speaker: Chuck Thompson
Disasters are neither acts of God nor acts of nature. They are the collision of hazardous natural events with the built environment, which means that every decision our society makes about where to build and how to build has a direct impact on the nature and extent of the damages we suffer when these collisions occur. In effect, we create our own disasters, whether deliberately or unwittingly. We can reduce their impact by taking responsibility for the environments we create. Municipal lawyers, always on the frontline of disasters, have a special need to get out ahead of the problem. This webinar will provide the knowledge necessary to be truly proactive.
This logic leads inexorably to the question of what we do before disaster strikes to minimize those damages. In its landmark study, Planning for Post-Disaster Recovery: Next Generation, APA delineates important distinctions and considerations with regard to what can reasonably be planned ahead of disaster with regard to facilitating recovery, and what must await knowledge of the pattern of damages afterwards. Earlier work by APA also discussed integrating hazard mitigation priorities throughout the local planning process, rather than isolating it in stand-alone plans that have no legal standing as public policy. Together, these initiatives can provide most communities with a viable package for significantly reducing their vulnerabilities and dramatically increasing their resilience in the face of known hazards.
Jim Schwab will walk listeners through an essential summary of this suite of tools and techniques and highlight cases of communities with best practices, complemented by a brief look at future directions in public policy in this arena.
Speakers: James C. Schwab, Dwight Merriam & Dan Mandelker
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 W. Pestle & Natalia Shparber
This presentation will cover the Securities and Exchange Commission’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative and lessons learned for issuers and underwriters.
The discussion will cover the nature of the MCDC Initiative, allegations made by the SEC in MCDC actions, with examples of the antifraud violations identified, and the remedies and other consequences for issuers, underwriters and the market as a whole consequences. This includes the movement toward issuer adoption of disclosure policies and procedures, and the structuring and implementation of such policies and procedures. In addition, the presentation also covers the expanding SEC reliance upon antifraud enforcement actions as a means of indirectly regulating municipal securities issuers, why the Commission is utilizing that approach, recent actions of interest, and notable SEC “firsts” since early 2013.
Speakers: Robert Doty, Elaine Greenberg, John McNally & Kevin Guerrero
This webinar will explore how the evolving case law about “government speech” applies in various local government settings, including public meetings, public buildings, and virtual settings such as websites and social media. When do these settings create forums for expression by citizens under the First Amendment, and when are they considered to be outlets exclusively for government speech, including speech by third parties chosen by the government? Discussion will include an overview
Speaker: Frayda Bluestein
Are people complaining you have too many chain stores and retsuarnst in town such that you can’t hardly tell if you’re even in your own town and not some other place? The antidote is to consider planning and regulating to minimize the impact of “formula retail.” In this webinar you learn all about it from the country’s leading expert, Stacy Mitchell, co-director of the Institute for Local Self-Reliance and director of its Community-Scaled Economy Initiative, which produces research and analysis, and partners with a range of allies to design and implement policies that curb economic consolidation and strengthen community-rooted enterprise.
Speakers: Stacy Mitchell, Dwight Merriam & Dan Mandelker
Experienced public construction attorneys Christopher Petrini and Christopher Brown, from the firm of Petrini & Associates, P.C., located in Framingham, Massachusetts, will present an informative discussion regarding risk allocation issues for public owners, specifically regarding performance and payment bonds and liability insurance. The discussion’s specific focus will be on the flaws in industry standard bond forms and how to strengthen bond forms for the public owner, as well as potential pitfalls in contract insurance and indemnity requirements based on the recent updates in ISO forms for CGL policies. Time will be reserved during the discussion for audience participation and Q&A.
Speakers: Christopher Petrini & Chris Brown
The U.S. Department of Labor (DOL) has issued new regulations pursuant to the Fair Labor Standards Act (FLSA) of which an overview will be provided including potential future controversies. Additionally, given the U.S. Department of Labor’s broad investigative authority and ability to bring enforcement actions against municipalities, it is critical for municipal employers to prepare for, and assert their rights and manage the flow of information during, investigations. This webinar provides a broad overview of new regulations as well as best practices in preparing for and handling an audit through the Wage and Hour Division (WHD).
Speakers: Robin Cross & Melinda Barlow
What happens if an opposing lawyer is acting badly or unprofessional? When does such conduct rise to the level of an ethical Rule violation? This webinar will look at guidance provided by certain codes of civility as well as the litigation ethics rules. The course will look at outcomes of cases involving incivility and the applicable rules of professional conduct. There will also be a focus on how to ethically deal with pro se persons during the course of litigation.
Speaker: Dolores Dorsainvil
This course provides an overview of government takings for attorneys new to local government law as well as those interested in a “refresher” course. It also provides a review of developments in the area of eminent domain in the ten years since Kelo v. New London. As an added bonus, participants will have the opportunity to hear first-hand about the speaker’s experiences representing the City of New London before the Supreme Court in Kelo.
Speakers: Wesley Horton & Brendon Levesque
A fundamental goal is a safe and humane community. Everyone benefits from a safe society -both people and pets. Our communities deserve comprehensive dangerous dog laws that demand responsible ownership. Learn about new and innovative ordinances that target reckless owners and humanely reduce the community cat population.
Speakers: Ledy VanKavage & Katie Barnett
The program will focus on the latest trends in public works and how these changes are impacting the way in which public agencies administer public infrastructure projects. Participants will learn how to successfully navigate common issues that arise in public works projects, explore recent changes and trends in alternative delivery methods, and implement best practices for efficiently managing and resolving claims, bidding challenges, and other disputes related to public projects.
Speakers: Mary Beth Coburn & Rebecca Chaparro
Many municipal employers use tests to decide whom to hire or promote. Legal challenges to applicant testing have increased because testing falls within EEOC’s focus on systemic selection practices and the class action bar’s search for “common” practices on which to sue. This presentation addresses how to design and validate tests (and procure and supervise vendors) to avoid or defeat such litigation while assuring your test will identify the best-qualified applicants.
Speaker: Kenneth Willner
Our speakers, co-editors of the ABA publication Urban Agriculture: Policy, Law, Strategy, and Implementation, will discuss a range of issues relating to the increasing interest in agricultural production in urban and peri-urban settings, including the land use and regulatory measures that either incentivize or present roadblocks to such activities. The discussion will also touch upon the local government’s use of community gardening and urban agriculture as tools to achieve specific community objectives.
Speakers: Sorell Negro, Martha Chumbler, Dwight Merriam & Dan Mandelker
This program will provide guidance and direction for handling charges of discrimination from the EEOC or similar state or local agencies. Topics will include notification and preservation of documents; how to conduct an effective investigation, including collecting relevant information and conducting witness interviews; determining whether to participate in mediation; preparing a response to the charge of discrimination; as well as practical legal tips to keep in mind during this process.
Speakers: Travis A. Elliott & Robin Cross
Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.
Speakers: Marc Hansen & Chuck Thompson
The U.S. Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project brought clarity to the question of whether disparate impact liability exists under the Fair Housing Act. Disparate impact looks at discriminatory effects of facially-neutral policies and practices, including zoning laws. In upholding the use of disparate impact, the Supreme Court kept intact one of three ways that local governments can be held liable under the Fair Housing Act, but with some important limitations. This program will review the Inclusive Communities Project case and outcome, and will talk about its implications for local governments.
Speakers: Dwight Merriam, Dan Mandelker & Brian Connolly.
This free, one-hour presentation will focus on the advantages of public finance to incentivize private development with Public-Private Partnerships (P3).
Speakers: Arthur C. Nelson, Dwight Merriam & Dan Mandelker
Dr. Gregory S. McNeal will share updates from the FAA’s new rules for flight over people, check in on Part 107’s first six months, and preview the regulatory updates to come in 2017. How will the regulatory landscape shift in the coming year? What is the FAA saying about local drone ordinances and federal preemption?
Speaker: Gregory McNeal
While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law distance learning series and getting the highlights of the past year in a way that will help you in 2015.
Speakers: Nancy E. Stroud, Peter W. Salsich, Carol Brown, Julie A. Tappendorf, Dwight H. Merriam, Daniel R. Mandelker, & Stuart Meck
For those who missed it, this program will be a reprise of our important webinar on this topic from November 2014. With the new rules set to implement around the corner, the program will describe, interpret, and offer practice recommendations regarding the FCC’s Report and Order, issuing rules implementing Section 6409(a) of the 2012 Middle Class Tax Relief Act, 47 U.S.C. § 1455(a) and the FCC’s Shot Clock rules.
Section 6409(a) purports to say that states and local units of government must approve (and cannot deny) zoning and other approvals needed for certain wireless tower collocations and other wireless tower modifications. In the rule-making the cell phone industry has asked the FCC for broad preemption of state and local approvals, such as with the need for such approvals being abolished or with approvals automatically being deemed granted if the government fails to decide the case within the Shot Clock period.
The program will describe and comment on the new rules, including what types of wireless tower modifications the rules apply to, time to act, the application process and any transition periods. Particular issues of concern include the treatment of stealth or camouflaged sites, applicability of the rules to cell sites on municipal property, preemption of building or safety related codes, conflicts with other Federal statutes, venue for remedies (court or FCC) and whether the rules (as requested by industry) apply to new cell sites. This will be a hand-on session geared to helping local government attorneys advise their internal clients on how to implement the new rules.
Speakers: John Pestle & Jonathan Kramer
Michelle Dickinson and Peter Haskell continue the exploration of the never-ending issues involved in public employment and email which they began at the 2014 IMLA Annual Conference in Baltimore. Planned discussion topics include: policies, “good use v. misuse,” and issues associated with public access and record keeping.
Speakers: Michelle J. Dickinson, Peter Haskell & Dan Crean
The webinar will provide an in-depth discussion regarding electronic cigarettes (e-cigs); what they are; present and future regulation of their use at the federal, state and local levels; arguments for and against their use; enforcement tools; and emerging legal issues concerning the devices.
Speakers: Andrew Maiorano & Tamara Bogosian
This session will focus on current police practices related to use of force and TASER. It is well known that use of force makes up the largest percentage of section 1983 claims for municipal law enforcement. It is essential that attorneys representing municipalities have knowledge of the current practices from both a policy and training perspective with respect to use of force. Issues such as law enforcement’s consideration of eliminating force continuums and the reasons behind these changing practices will be discussed. The session will tie in the case law with respect to these changing practices.
As more law enforcement agencies have adopted the TASER for use, there has been a tsunami of litigation related to such use. A portion of this session will be dedicated to the use of Electronic Control Weapons to include current training, policies, and practices. The discussion will consider the “death cases;” “the flight cases;” “the elevation cases;” and the “vulnerable persons” cases. The session will tie in multiple cases decided throughout the country to support the current framework of current law enforcement training and policy.
This session will also offer strategies that municipal attorneys can consider for advising their police department on ways to diminish liability in the areas of use of force generally and TASER specifically.
Speaker: Jack Ryan
From a senior Denver city attorney who lives and works at Ground Zero of medical and recreational marijuana, the webinar will provide some insight into the issues that surround this ever-evolving field. With a focus on land use issues, the webinar will also touch on a little history, lessons learned, lessons we’re still learning, and responses to those lessons.
Speakers: Marley Bordovsky, Dwight Merriam, & Dan Mandelker
The time when UAVs – unmanned aerial vehicles or drones – were only used by the military is behind us. Join us for this webinar examining a myriad of issues faced by local governments with regard to drones. This program will discuss: the current status of FAA law and regulations as they pertain to drones; general preemption issues local governments need to be aware of with regard to UAVs; use of UAVs by local governments for public purposes; and local regulation of UAVs as exercise of traditional police powers.
Speaker: Allison Fultz
The State and Local Legal Center and IMLA are offering a FREE webinar on the Supreme Court case T-Mobile v. City of Roswell. In T-Mobile South v. City of Roswell, the Supreme Court held that when a local government denies a cell tower application, it must provide the applicant with written reasons for the denial, and those written reasons must be available contemporaneously with the local government’s written denial of the application. Discuss the practical implications of this case with Tim Lay, Spiegel & McDiarmid, who wrote the SLLC’s amicus brief.
Note: Jointly sponsored webinars between IMLA and the SLLC are for informational purposes and are non-CLE events.
Speaker: Tim Lay
Regulation of stormwater in many states is undergoing a metamorphosis from technology based controls to watershed based regional management solutions. In some cases these changes are driven by the municipal dischargers, in others regulatory authorities and NGOs are forcing dischargers to adopt the new strategy. There is little question that watershed based solutions will benefit water quality, however moving to this form of regulation raises important legal issues that dischargers and regulators need to consider.
Speaker: Andre Monette
The Family Medical Leave Act has “come of age,” but issues and uncertainty and coordination with the Americans with Disabilities Act remain, and create on-going concerns for public employers. This webinar presents an update on compliance concerns along with suggestions and guidance on administering policies and practices.
Speakers: Jennifer Shea Moeckel & Dan Crean
Municipal attorneys are often asked, “Can we do this?”, when “this” relates to getting, spending, and borrowing money by their municipal clients. This session will consider the essential legal issues attendant to that question. We will discuss basic constitutional issues like public purpose, corporate purpose, and lending of the public credit; the theoretical distinction between taxes and fees; the legal ramifications of that distinction; and other limitations on the ways that municipalities can get and spend money. We will also briefly consider the role and types of municipal borrowing. Because the laws vary widely from state to state, the session will focus on issue spotting and general questions that the municipal attorney should consider when asked financial questions.
Speaker: Eric Shytle
This program will discuss the latest research on approaches to teaching and advising on ethics; new developments in ethics laws across the U.S.; and research on impediments to people applying conflict of interest laws.
Speaker: Carla Miller
Cell Tower site leasing/licensing for local governments is an excellent way to produce new long term non-tax revenues, but crafting the right terms and drafting the proper documents are fraught with potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are both deeply experienced with crafting and enforcing municipal cell tower site agreements. In this 90-minute webinar, they will identify those legal landmines, discuss industry boilerplate provisions, and offer useful practice pointers to guide you through the process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases and long-term leasing rights. Extensive handouts in PDF format will be provided to participants.
Speakers: John Pestle & Jonathan Kramer
The webinar will provide a substantive discussion of online vacation rental marketplaces, from the basics of what these marketplaces are and how they function to the complex array of legal challenges they present for local governments. Whether the problems are related to code enforcement, tax collection or land use regulations, online vacation rental marketplaces are shifting the landscape and cities must adjust in order to face these issues head on.
Speakers: William J. “Jim” Priest & Jordan E.A. Ferguson
The State and Local Legal Center and IMLA are offering a FREE Supreme Court Mid-Term Review Webinar. Since the SLLC’s Supreme Court Preview webinar in October, the Court has accepted a number of cases affecting state and local government on topics ranging from Fourth Amendment searches to regulating power plant emissions to limiting messages on license plates. Discuss these cases and the Affordable Care Act case and the same-sex marriage cases with Jeff Wall, Sullivan & Cromwell, Lori Alvino McGill, Quinn Emanuel, and Richard Wolf, USA Today.
Speakers: Jeff Wall, Lori Alvino McGill, & Richard Wolf
The inertia of rest is a strong as that of motion. How do we redesign our old, tired, and dysfunctional downtowns to serve us better, to make better places, and be consistent with the dramatic demographic changes? You’ll be amazed at what you can do.
Speakers: Victor Dover, Mark White, Dwight Merriam & Dan Mandelker
Freight railroads are a familiar presence in many communities. This webinar will examine the unique issues associated with freight rail rights-of-way and facilities. The federal law governing railroads preempts many aspects of state and local law, so municipal lawyers must be creative in their strategic and legal approach to rail issues. The shipment of hazardous materials such as crude oil is an active concern across the U.S., so we will discuss the current regulatory landscape and present various issues and approaches of which municipal lawyers should be aware.
Speaker: Allison Fultz
Municipalities may utilize “remote” working to a lesser extent than private sector employers. Nonetheless, the increasing availability and “ease” of use may lead to more municipal employees working in places other than the traditional municipal worksites. IMLA’s October 2013 teleconference addressed aspects of “Telecommuting” but new and emerging technology and practices suggest an update is appropriate. The 2013 topics covering traditional issues addressed matter such as employer controls, protecting resources, and ADA concerns, will be updated, while new concerns will be analyzed, including those related to: hours of work, data protection and privacy, health and safety, discipline, and termination.
Speakers: Dan Crean & Lou Milrad
With the proliferation of smartphones with video and camera capability, police officers find themselves in situations where they are being recording by citizens with greater levels of frequency than ever before. This session begins with an examination of 1st Amendment cases which direct officers that they cannot arrest a person for exercising their First Amendment rights through speech or other conduct. Current cases will be discussed which deal with various courts’ findings that an officer’s decision to arrest someone was in retaliation for being recorded by a citizen in a public place. This is an area where the United States Department of Justice has taken a strong interest and has actually issued statement of interest letters to the parties of a section 1983 action. Additionally, the USDOJ has incorporated this issue into various “patterns and practice” investigations against law enforcement agencies. A discussion of the case law that suggests there are some areas where it would be proper for law enforcement to undertake enforcement action when a person is filming a police officer will also be discussed.
This session will offer strategies that municipal attorneys can consider when advising their law enforcement agency on ways to diminish liability in this rapidly increasing area of police liability.
Speaker: Jack Ryan
Transportation Network Companies (TNC) and the use of smartphone applications to deliver for-hire ground transportation services has disrupted the marketplace and the regulatory structure both in the United States and around the world. This webinar will present transportation law experts who will cover legislative and litigation developments in this area, to assist municipal lawyers in understanding the current and changing regulatory paradigm. Insight will be provided into policy issues that may affect the future of these new regulations and the disruption movement.
Speakers: Pasqualino “Pat” Russo & Jasmine K. Le Veaux
Please make sure your seat-backs and tray tables are in their fully upright and locked positions and your seat-belt is tightened low and about your waist … because … for one fast-paced hour you will be catapulted through a lifetime of land use law by a lawyer who has practiced it for a lifetime (and our speaker is REALLY old so it’s a LONG lifetime). Veterans and newbies alike will benefit from this program– the veterans periodically exclaiming “Hey, I done that!” and fall back asleep and the youngsters will come away knowing that tattoo parlors actually implicate First Amendment free speech. Don’t miss it. It will be entertaining and educational.
Speaker: Dwight Merriam
Three leading scholars, who together have written several books on the subject and created scores of local impact fee programs, are our honored guests for the ultimate program on impact fees. With governments struggling to remain solvent, you will see an increased need to use impact fees. Our expert guests will help you gain the knowledge you need to make them work and defend them.
Speakers: Jim Nicholas, Julian Juergensmeyer, Chris Nelson, Dwight H. Merriam, & Daniel R. Mandelker
This session will focus on the role of the municipal attorney in a bond transaction. We will first discuss the different types of municipal bonds and the legal and practical issues implicated by the nature of the borrowing. In particular, we will distinguish general obligation from revenue bonds and publicly sold from privately placed bonds. We will also identify and describe the players in a bond transaction; the overall process of approving, selling, and closing bonds; and the questions that should be asked during that process. Finally, we will consider three bond-related issues that are of particular importance to the municipal attorney: the scope and content of the municipal attorney’s legal opinion, continuing disclosure requirements, and post-closing tax issues.
Speaker: Eric Shytle
This webinar will cover the legal issues affecting body worn cameras (BWC) under state law and the U.S. Constitution; best practices for deployment of BWCs; practical concerns affecting recording in the field; effects of BWCs on citizen and peace officer conduct; use of BWC data in the criminal justice system; access to BWC data under state public records laws; and command and control of the data.
Speakers: Tamara Bogosian & Gary Schons
New wine in old bottles – these tried and true techniques for regulating land use remain central to our work all across the country. Get the latest from two veterans who will tell you not only what is new and important, but what you can do to get the most out of the ordinary.
Speakers: Nancy E. Stroud, Davide Owens, Dwight Merriam & Dan Mandelker
Municipalities routinely receive offers to buy their cell tower leases – – such as the lease of space on city land or a water tower for cell antennas. This program will cover (1) the unique issues for municipalities in deciding whether to sell a cell lease/future leasing rights, (2) suggestions on a bid process which will lead to the best price and terms, and (3) the significant legal and business issues involved in selling future leasing rights for 50 to 100 years or longer, typically via a 15 to 40 page “Communications Easement”. The program will cover the major issues in the very one-sided documents typically offered by buyers, and such key points as making sure the municipality is not hindered in using its property for its primary public use, ensuring that future sums promised by the purchaser in fact are paid and the easement terms complied with, unique insurance and bankruptcy issues, plus special questions of municipal authority, compliance with provisions of bond ordinances/IRS tax-exempt bond regulations, municipal finance/procurement statutes, prohibitions on waste, and risks of accidentally triggering property reverters.
Speakers: John Pestle & Jonathan Kramer
It often has been said that one of the largest components of a local government budget is for personnel and labor costs. While there are many similarities between guiding employers between the public and private sectors, public employers have some additional concerns not faced by their private employment counterparts.
This webinar provides some road maps and guide posts to help navigate through the maze of federal and state statutory employment requirements along with discussion of some common law doctrines particularly focused on the public sector.
Among topics to be addressed are the following:
Speaker: Dan Crean
The Religious Land Use and Institutionalized Persons Act (RLUIPA) is a source of great conflict and enormous potential liability for local governments, especially with the burden of protracted, complex civil litigation and the payment of attorneys fees. You need to know the latest and get pointers on what to do to avoid liability. Two “up-and-comers” who are reading and analyzing many RLUIPA cases every week (see www.RLUIPA-Defense.com) will guide the discussion and provide practical advice.
Speakers: Evan Seeman, Karla Chaffee, Mike Giaimo & Dan Mandelker
The imposition of improper progressive discipline and the associated errors are the most frequent reason for arbitrators (and, sometimes, judges) to overturn disciplinary actions. This session will identify some of the common errors and provide HR professionals and attorneys steps and procedures that can have positive results.
Speakers: Victoria Hyunh, Peter Letzmann & Dan Crean
This session will review ethical issues that arise for municipal attorneys in the context of land use disputes. It will review recent case law, professional ethics opinions, and other guidance relating to conflicts of interest, compatibility of dual office holding and the seeming increase in alleged criminal activity in the land use permitting process.
Speaker: Dean Patricia Salkin
The program will explain the terms, use and benefits of an annotated, user friendly and freely available Model Standby Letter of Credit form developed by the Institute of International Banking Law & Practice specifically for government entities as beneficiaries. Prof. Byrne will explain how the form works, what its terms mean, how its terms can be adapted and varied and how it benefits municipalities as beneficiaries of letters of credit on all kinds of projects and obligations. Prof. Byrne will also illustrate by example and samples, mistakes that government beneficiaries sometimes make in specifying the terms of their letters of credit.
This program will also provide general and specific information on what letters of credit are, how they are used, alternatives to them, what rules govern them, and where to look to find the rules, forms, and help concerning them where municipalities are the beneficiaries of them.
The program will also review letter of credit cases involving municipalities and developers, and offer insight on spotting and addressing letter of credit issues, including knowing when there is an issue or problem, what to look for, and some tips on how to prevent or avoid, minimize and handle them.
Speakers: James Byrne & Carter Klein
The Federal Law of Cell Tower Zoning: Cell tower zoning and regulation by state and local governments has materially changed with the FCC’s recent adoption of new rules for collocations, the Shot Clock, new-builds, application contents and publication, and various related processes. Many governments will have to alter their local processes to comply with the new rules. 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 eighteen years 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 Rule-making on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar includes two narrated PowerPoint presentations, an 85+ page paper summarizing 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 presentations
Speakers: John Pestle & Robert (“Tripp”) May
On June 4, 2015, EPA approved a new Multi-Sector General Permit to regulate industrial stormwater discharges from numerous and varied industry sectors, including heavy manufacturing, mining, oil & gas, hazardous waste facilities, landfills, steam electric power plants, sewage treatment facilities, and light industry. The new permit affects industries in Idaho, Massachusetts, New Hampshire, New Mexico, and the District of Columbia, federal facilities in Colorado, Delaware, Vermont, and Washington, Indian Country lands, and specifically designated activities in specific states (e.g., oil and gas activities in Texas and Oklahoma). Affected facilities will need to act within 60 days to apply for coverage under the new permit, update their stormwater pollution prevention plans, and begin meeting EPA’s new (and lower) benchmarks for certain constituents. The deadline is September 2, 2015.
This presentation will educate those affected by the MSGP about the legal requirements for stormwater permitting and management, how to qualify for coverage under the new permit, and the necessary steps for permit compliance. Meeting EPA’s 60-day deadline is imperative, as the requirements of the new permit can be enforced both by the federal government, state regulators, and citizens groups that monitor industry compliance with stormwater regulations (particularly in regions where affected facilities border on waterways impacted by pollutant loadings) and the statutory penalties are steep. This presentation will also discuss effective storm water management strategies for the impacted industries, including a summary of the latest technologies available to help meet EPA’s newly-lowered benchmarks and how to comply with the requirements of the newly issued permit.
Speakers: Anne Lynch, Steve Roy & Lauren R. Caputo
This perennial IMLA webinar reviews and analyzes the 2014 and early 2015 Employment Law Decisions from the United States Supreme Court and selected federal court along with selected decisions from state courts.
Speakers: Douglas Haney & Dan Crean
An ongoing issue arising in many states across the country involves new floodplain mapping that the Federal Emergency Management Agency (FEMA) has been conducting and continuing to conduct in recent years. FEMA released a preliminary flood insurance rate map (FIRM) for community across the country in late 2011.
The issue arises when older maps are digitized and combined with new imagery, the results don’t always line up correctly resulting in areas previously not in the floodway or flood fringe being determined to be in the floodway or flood fringe. There is a very specific process municipal corporation must follow to challenge these revised maps which may place significant portions of your municipal corporation within the floodway, or flood fringe. resulting in very significant flood insurance increases, or areas where residents could formerly build, now being unbuildable, or only buildable at great expense.
After the preliminary FIRM has been determined a preliminary flood insurance study (FIS) typically follows. FEMA formerly presents copies of these documents to community officials shortly after they have been implemented, and explains the map publication adoption process. These meetings are supposed to allow local residents to raise any concerns, comments on the new maps, and find out more information regarding their flood risk. However, in reality, citizens and municipal officials do not have the expertise to understand the technical details used to establish the FIRM or FIS. Once FEMA has issued its preliminary FIRM and FIS reports and held the community meeting, there is a 90 day appeal period to challenge the report. Even though individual citizens can challenge the report concerning their specific property, the expense and expertise involved to challenge, results in the only realistic challenges coming from municipal corporations.
This Webinar will outline a specific case study, discuss the timeline for instituting the FIRM, Pre-FIRM and Post-FIRM construction, the Right of Municipal Corporations to challenge; the cost, and the expertise needed; the Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014.
Speaker: Garry Hunter
The typical paradigm for writing land use regulations (in order to maximize flexibility and discretion) can get your city or county into trouble if it’s used to regulate signs or other expressive conduct. The presenters, who write and defend sign codes, will explain what strategies and approaches must be abandoned when writing and enforcing sign laws, and why. And in the aftermath of Reed v. Town of Gilbert, the U.S. Supreme Court’s first decision about sign regulation in many years, they will discuss the background of the case, and the unsurprising and surprising aspects of the justices’ various opinions.
Speakers: John Baker, Randal Morrison, Mike Giaimo & Dan Mandelker
The State and Local Legal Center and IMLA are offering a FREE* webinar on this term’s Supreme Court police cases. The Supreme Court’s police cases docket this term includes a hotel registry ordinance case and a pretrial detainee excessive force case along with a number of Fourth Amendment traffic stop cases and qualified immunity cases. Discuss the implications of these decisions for state and local government and police officers with Melissa Arbus Sherry, Latham & Watkins and David Salmons, Morgan Lewis.
Speakers: Melissa Arbus Sherry, David Salmons & Lisa Soronen
Two titans of takings, who just happen to have profoundly opposing views of the world, have graciously agreed to discuss the latest developments and spar. This will be the Great Debate of 2015.
Speakers: John Echeverria, Mike Giamio, Dan Mandekler, & Robert Thomas
The Americans with Disabilities Act and the Rehabilitation Act continue to present challenges for municipal employers as to what constitutes reasonable accommodation in employment. ADA expert Jonathan Mook provides guidance from recent court rulings on issues such as telecommuting, schedule adjustments, unpaid leave, reassignment, as well as Young v. UPS and pregnancy accommodation.
Speakers: Dan Crean & Jonathan Mook
An introduction to local government law discussing the development of counties and cities, their structure, their functions, their services and their relationship to and interaction with the federal government under the Constitution. The goal of the introduction is to provide an understanding for what local governments do and why and to better understand their authority and limitations on that authority.
Speaker: Chuck Thompson
The threat that public employee defined benefit pension plans pose to local government finances is real and only getting worse. The recent economic downturn is forcing local governments to make structural changes to their plans or risk financial crisis. In 2011, the City of Atlanta faced an approximately 1.3 billion dollar unfunded pension deficit. Atlanta City Attorney Cathy Hampton and the Law Department were integral to the City of Atlanta’s historic pension reform by drafting the reform legislation, facilitating implementation and successfully defending it against a legal challenge. On November 10, 2014, a state court in the class action Stephen Borders, et al. v. City of Atlanta, et al., Case No. 2013-CV-239021 affirmed the pension reform as both constitutional and effective in reducing the projected unfunded pension deficit from over 2 billion dollars to zero dollars within thirty years. The court’s comprehensive, 34-page opinion canvassed federal and state law across the country in granting Atlanta’s motion for summary judgment. This legal victory in the approximately 5000 employee class action will protect the plan from future legal challenge.
City Attorney Cathy Hampton, Chief Counsel Robin Joy Shahar and Assistant City Attorney Seth Eisenberg will bring a breadth of knowledge for the development and legal defense of strategic pension reform.
Speakers: Cathy Hampton, Robin Shahar, & Seth Eisenberg
This webinar revisits various issues and concerns associated with dress and conduct codes for municipal employees with a focus on recent developments in areas seemingly unrelated to the workplace. Selected topics from the array of concerns on this matter that will be addressed include:
Speaker: Dan Crean
Rapanos and the federal efforts to add some clarity continue to plague municipal lawyers. How do you tell if it is a wetland, what regulation will survive attack in the courts, and what is the effect on global climate change on all of this? The country’s acknowledged leading wetlands lawyer and a wetlands biologist internationally recognized for his work together provide an eclectic view.
Speakers: Virginia S. Albrecht, Michael Klemens, Dwight Merriam, & Dan Mandelker
This webinar will focus on permissible solicitation/panhandling regulations including the status of recent federal circuit court decisions and the recent Supreme Court ruling in the Reed case and its impact. Practical tips for practitioners to consider when drafting, revising or enforcing local laws or policies regarding solicitation/panhandling restrictions will also be discussed.
Speakers: Deborah Fox & Margaret (Meg) Rosequist
With the start of the new Supreme Court Term, the SLLC and IMLA are bringing you this FREE Supreme Court preview webinar. Redistricting, affirmative action, and preemption are just a few of the topics on the Supreme Court’s 2015-2016 docket. Preview the most significant cases of interest to state and local government with John Elwood, Vinson & Elkins, Kelsi Brown Corkran, Orrick Herrington & Sutcliffe, and Kimberly Atkins, Boston Herald.
Speakers: John Elwood, Kelsi Brown Corkran & Kimberly Atkins
Learn about the latest developments at the federal, state, and local level, and some of the more important decisions that affect your local practice from two of the country’s leading experts. What does it mean to be “historic,” how do you regulate at the local level, and what are the emerging issues?
Speakers: Sara Bronin, Paul Edmondson, Dwight Merriam & Dan Mandelker
Marijuana is coming, are you ready? Legal marijuana, both recreational and medical, is continuing to spread across the country and local governments are assuming significant responsibilities for policy and regulatory decisions, while others are being intentionally limited. Join Chris Halsor, Colorado attorney, and one of the country’s experts on legal marijuana where he will discuss such issues as home grows, edibles, “open and public consumption,” hemp and dispensary regulation and zoning. He will also address a number of new issues that the marijuana industry is seeking to add to future legislation and ballot measures that municipalities will want to be aware of and anticipating.
Speaker: Chris Halsor
This program will follow-up on our popular February discussion on UAVs – unmanned aerial vehicles or drones. While most people focus on long-awaited FAA/national regulations, there is important action at the state and local levels. California Gov. Jerry Brown recently vetoed a bill that would have required police to obtain warrants for surveillance by drones. Since 2013, 20 states have enacted laws on the issue, according to the National Conference of State Legislatures, ranging from how police can use the new technology to the use of drones by the general public. An example of a key challenge includes how to balance concerns over privacy and civil liberties with a technology that police departments say can serve as a powerful law-enforcement tool. The presentation will help municipal lawyers understand and address a broad scope of regulatory complexities.
In this presentation, John Bakker and Kristopher Kokotaylo from Meyers Nave will discuss: the scope of protection against government intrusion regarding drones; scope of expectation of privacy against private actors; the fact that the FAA has announced that it does not intend to regulate privacy in connection with UAS and the implications of that announcement; and local regulation of UAVs as exercise of traditional police powers
Speakers: John Bakker & Kristohpher Kokotaylo
The latest federal rules amendments now emphasize proportionality considerations for e-discovery. How much are the changes mere form and how much substance? How should we change our existing practices for legal holds? Pretrial meet/confer/cooperate? Discovery objections? Production methods? Other practices?
Speaker: Pete Haskel
“Make no little plans; they have no magic to stir men’s blood and probably themselves will not be realized. Make big plans; aim high in hope and work.” said Daniel Burnham. But he didn’t say anything about whether local comprehensive planning was mandatory or whether planning and zoning decisions had to be consistent with any local plans. Those issues are front and center in the turbulent legal landscape of local planning. Our two experts will offer you an illuminating debate subject.
Speakers: Edward J. Sullivan, Carrie Richter, Dwight Merriam, & Dan Mandelker
There is much more to a successful relationship with external counsel than a good price and professional services. The primary responsibility to secure greater value every year rests with the law department. As a minimum, the elements must include:
Speakers: Joy Hulton, Richard G. Stock & Andra Maxwell
Municipal workplaces may take on the appearance of a “winter wonderland” as the winter solstice approaches. Not everyone, though, shares in the joys of the season in the same way as everyone else. This webinar looks at the range of actions and displays that occur from the permitted to the prohibited to the uncertain, and seeks to provide assistance in crafting policies to guide municipal actions. Also included is an update on the topic of religious apparel in the workplace.
Speakers: Dan Crean & John Cloherty
This webinar will explore the legal and policy issues raised by local ordinances that penalize landlords and tenants for calls for police service or criminal conduct occurring at the property. These local ordinances – often called nuisance, crime-free, or disorderly behavior ordinances – have been challenged in courts and investigated by HUD based on constitutional, fair housing, and other legal concerns. Researchers have demonstrated that they are disproportionately enforced against domestic violence victims, communities of color, and people with disabilities, raising discrimination concerns. The panelists will discuss recent litigation and HUD complaints, applicable federal fair housing considerations, and state law developments.
Local governments are tasked with addressing a myriad of issues related to activity which occurs on property within their jurisdictions. One such issue involves properties where offenses are committed by those living on the property which negatively impacts surrounding property and neighborhoods. Local governments have sought to address this issue through Chronic Nuisance Property ordinances. David Wesner, City Attorney for the City of Danville, Illinois, will provide a local government’s perspective on the issue and the use of these types of ordinances.
Speakers: David Wesner, Sandra Park, Melody Taylor-Blancher, & Barbara Delaney
Speaker: Christopher B. McLaughlin
This program will introduce municipal practitioners to effective, owner-protective change order and claims language and procedures to use in Public Contracts. The key elements for change order notice, cost-substantiation, pricing change orders, owner directed changes, dispute resolution and the role of the A/E in the change order process will be analyzed. Participants will be exposed to different change order provisions commonly used in contracts and will learn the “traps for the unwary” that arise from application of standard, industry-driven change order processes. Participants will review actual case studies applying various claims and change order provisions in payment disputes arising under a contract and see how the language you draft and how you administer the procedure can drastically impact the outcome of the claim and the final price of the Work.
Speaker: Steven Torres
Hydraulic fracturing continues to dominate the news in many parts of the country, including ancillary transmission issues such as pipelines, storage, and rail transport of oil and gas, and related disposal of fracturing waste, even in areas where there is no extraction. Learn what the latest developments are to better meet the needs of your local governments.
Speakers: Erica Levine Powers, Sorell E. Negro, Dwight Merriam, & Dan Mandelker
U.S. Supreme Court and appellate cases and the Obama administration’s directives to the Department of Labor regarding overtime rules may make significant changes in application of the Fair Labor Standards Act. The decisions and rule amendments and other recent developments will be analyzed and dissected in this webinar.
Speakers: Jeanne Phelan & Dan Crean
Start the year off right with a comprehensive briefing on land use law developments from 2013 and what lies ahead from the six of the seven authors of the pre-eminent casebook on land use law…
Speakers: Dwight Merriam, Dan Mandelker, Nancy Stroud, Carol Brown, Peter Salsich & Julie Tappendorf
Speakers: Dan Crean & Sheila Gladstone
From a public policy perspective, high volume hydraulic fracturing of shale deposits for oil and gas exploration poses questions of national and global energy policy and environmental constraints and related state and local issues. This webinar focuses on proactive local government approaches to community impacts of oil and gas exploration and development such as noise, light, roads and infrastructure, air and water pollution, land use and natural resource planning, and social issues such as housing, schools, hospitals, and public safety. This includes anecdotal material from New Mexico and New York.
Speakers: Erica Powers, Stephen Ross, Sorell Negro, & Dan Mandelker
This webinar will examine issues arising from employee outside interests such as conflicts of interest and moonlighting.
Speakers: Dan Crean & Peter Letzmann
“Make no little plans; they have no magic to stir men’s blood and probably themselves will not be realized. Make big plans; aim high in hope and work.” said Daniel Burnham. But he didn’t say anything about whether local comprehensive planning was mandatory or whether planning and zoning decisions had to be consistent with any local plans. Those issues are front and center in the turbulent legal landscape of local planning. Our two experts, who between them have four score years of experience in this area will offer you an illuminating debate subject.
Speakers: Ed Sullivan, Deborah Rosenthal, Professor David King, Dwight Merriam, & Dan Mandelker
This webinar examines which employees and what speech are encompassed within the so-called Bronti-Elrod exception to public employee speech rights.
Speakers: Dan Crean & Vince Fontana
Municipalities are significant consumers of products used by police and fire departments, public works departments, parks and recreation departments, schools, and other municipal departments serving local communities. In recent years, significant criminal actions have been brought against foreign manufacturers of such products, resulting in billions of dollars levied in criminal fines, and jail time for many executives. Civil lawsuits targeting the same conduct have yielded recoveries worth billions of dollars in the aggregate – the most recent being the $1.1 billion settlement in the LCD antitrust action, in which some public entities have claims exceeding $1 million.
In many cases municipalities and other local public agencies cannot participate in these actions – and therefore cannot recover for the harms they have suffered – because they are expressly excluded from the class definition. What are the opportunities, duties, and responsibilities of municipalities in such cases? This seminar will explore the current status of pending actions, including whether municipalities will be eligible to participate in recoveries, and what options municipalities have to ensure meaningful participation and recovery in these valuable actions.
Speakers: Scott Dickey & Lesley Weaver
This presentation will discuss recent developments in the law of sign regulations concerning the monetization of billboards and other commercial signs, political and protest signs, and the public forum doctrine.
Speakers: Deborah Fox & David Warner
Cell Tower site leasing/licensing for local governments is an excellent way to produce new long term non-tax revenues, but crafting the right terms and drafting the proper documents are fraught with potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are both deeply experienced with crafting and enforcing municipal cell tower site agreements. In this 90-minute webinar, they will identify those legal landmines, discuss industry boilerplate provisions, and offer useful practice pointers to guide you through the process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases and long-term leasing rights. Extensive handouts in PDF format will be provided to participants.
Speakers: John Pestle & Jonathan Kramer
Inclusionary zoning is a concept that has come, and gone, and come back again. In this time of this post-recession rebuilding of our real estate market, local governments all across the country are beginning to take another look at what they can do to provide more affordable housing for all types of individuals and households from the young, upwardly mobile central city family that wants the opportunity to live in the suburbs, to the aging widow wants to stay in her hometown but can no longer afford to do so. This session will bring you up to speed on what the current issues are and provide you with some solid, take away advice that you can use.
Speakers: Hon. Peter Buchsbaum, Jennifer Bragar, Robert Holmes, Dwight Merriam, & Dan Mandelker
Discipline in public employment matters is never easy. Investigations prior to consideration of discipline may facilitate or impair that process. This IMLA webinar seeks to provide guidance in handling workplace investigations, including a discussion of employee privacy rights.
Speakers: Dan Crean & Melinda Barlow
Governmental entities that issue tax-exempt governmental bonds are generally required to maintain governmental use of bond financed projects in order to maintain the tax-exempt status of the bonds. This webinar will highlight common types of “private use” arrangements that governmental entities enter into, their possible (and sometimes surprising) effect on the tax-exempt status of related bonds, remedies that are available to governmental entities to maintain the tax-exempt status of the related bonds, as well as some best-practice suggestions to avoid unintended consequences of entering into private use arrangements.
Speakers: Kara Adams & Brenda McDonough
Federal Law of Cell Tower Zoning: The 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 eighteen years since Congress passed the 1996 cell tower zoning amendments; (2) dealing with the FCC’s “Shot Clock” orders; and (3) the 2012 Federal statute (Section 6409(a)) which purports to override state and local laws affecting collocation; the (4) current FCC Notice of Proposed Rule-making proceeding on Section 6409(a), and; (5) the current FCC Notice of Proposed Rule-making on radio frequency emissions safety standards. The webinar includes two narrated PowerPoint presentations, an 85-page paper summarizing relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. An interactive Question and Answer session will follow the presentations.
Speakers: John Pestle & Jonathan Kramer
Over the past four years, Duluth, Minnesota has been ground zero in the nation’s struggle to address the public health threat associated with the sale and ingestion of synthetic drugs, commonly called “bath salts,” “herbal incense,” or “fake weed” and bearing street names such as “K2,” “Spice,” “DOA,” “Role-X Watch Cleaner” and “Water Pipe Cleaner.”
Synthetic Drugs: The Battle for Duluth relates the devastating effect synthetic drugs had on Duluth’s historic downtown district and the community as a whole before the court-ordered closure of the infamous downtown headshop known as the “Last Place on Earth” on July 19, 2013. The presentation highlights the municipal tools used to challenge the unregulated sale of synthetic drugs within the community, as well as the multi-faceted approach utilized by the city and other governmental entities to curtail the public health pandemic and overwhelming nuisance conditions flowing from the open and notorious sale of designer drugs.
Speaker: Nathan LaCoursiere
We are bringing back Professors Brown and Salsich from their well-received presentations in January to talk about an issue that just keeps getting back in our face, call it the “Justin Bieber of constitutional problems in land-use.” You need to know what the post-Koontz world is like and have a firm grasp of the recent developments since we covered this issue year ago. Come to class on May 12 and take a front row seat as our two professors regale you with the latest and greatest.
Speakers: Carol Brown, Peter Salsich, Dwight Merriam, & Dan Mandelker
Of course, nearly every municipality has historic resources and needs to plan and regulate for their protection and preservation. Get out of the summer sun and heat, sit back with the pitcher of iced tea and some lemon drop cookies, and enjoy the stimulating conversation from two of the country’s leading experts about how you can make your historic preservation regulations better — or build them from the ground up.
Speakers: Sara Bronin, Ryan Rowberry, Tom Cody, & Michele Maresca
Recently, the Securities and Exchange Commission has become more assertive regarding municipal issuer continuing disclosure. The Commission is concerned about persistent reports of substantial non-compliance by issuers with their continuing disclosure agreements. In 2013, the SEC announced a number of enforcement actions. In March 2014, the SEC publicized a new initiative “to encourage issuers and underwriters of municipal securities to self-report certain violations … rather than wait for their violations to be detected.” The Commission stated that, under the “Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, the Enforcement Division will recommend standardized, favorable settlement terms to municipal issuers and underwriters who self-report” by September 10, 2014 “that they have made inaccurate statements in bond offerings about their prior compliance with continuing disclosure obligations.” The Commission added, “Those who do not self-report and instead decide to take their chances can expect to face increased sanctions for violations.” The Initiative creates circumstances in which certain issuers and their counsel must consider whether to self-report potential violations. This webinar will consider the SEC’s Initiative, as well as recent enforcement actions, with SEC enforcement staff, bond counsel and an issuer official.
We recommend you invite your finance directors to attend this webinar.
Speakers: Robert Doty, Mark Zehner, Peter Chan, Barbara Adams, John McNally, & Jim Burr
Regrettably, there is an enormous amount of vacant property, some of it left in the wake of natural disasters when property owners who not adequately insured have not been able to rebuild, and some of it simply abandoned after the worst real estate recession of any of our lifetimes. Our esteemed panel knows what to do from their experience, their research, and their writings. At the end of this fast-paced one hour, your toolbox of techniques to address the vacant lots in your municipality will be filled to overflowing.
Speakers: Alan Mallach, Michael Braverman, Sorell Negro, Dwight Merriam, & Dan Mandelker
Employee selection and hiring can be more like an art form than a science (notwithstanding the time, money, and effort spent by the NFL on its annual player draft). Thus, not all hires will result in selection of the correct applicant who will mesh perfectly. This teleconference examines options to lessen risks when employers need to take action to correct hiring problems.
Speakers: Dan Crean & Lawrence L. Lee
The biggest issue today in local government, hidden from view because the media doesn’t think it newsworthy, is home rule and preemption — it cuts across all manner of federal, state, and local intergovernmental relations, planning, and regulation. The effects can be dramatic in terms of cutting off local governments from governing locally. Regulation of tracking is just one example of many where this issue home rule and preemption predominate. Professor Callies knows this area the law like no one else can you will come away from this teleconference is an expert yourself.
Speakers: David Callies, Dwight Merriam, & Dan Mandelker
This Teleconference Reviews and Analyzes the 2013 Term Employment Law Decisions from the United States Supreme Court Along with Selected Decisions from Other Courts
Speakers: Dan Crean & Douglas Haney
This webinar will explore tactics for opposing, seeking, and structuring anonymous parties, in camera sessions, ex parte hearings, bench conferences, closed courtrooms, sealing orders, and other non-public procedures in civil litigation.
Speaker: Peter Haskel
The U.S. Constitution guarantees freedom of expression, freedom of religion, and the right to bear arms. But it’s not that simple. Businesses that rely on these constitutional guarantees continue to generate controversy in communities across the country. To compound matters, state legislatures from Arizona to Massachusetts have been busy granting new – and in many cases, previously unheard of – rights to marijuana and firearm retailers. This has rapidly drawn planners and zoning practitioners into the debate over how these businesses best fit into their communities, and whether their communities are legally obligated to accommodate these uses in the first place. Spend an hour learning about the issues and regulatory strategies from around the country.
Speakers: Daniel J. Bolin & Gregory W. Jones
In April of this year, the U.S. Supreme Court was asked to decide if an amendment to Michigan’s state constitution that prohibits state universities from considering race as part of its admissions process violated the U.S. Constitution’s Equal Protection Clause. While avoiding the specific question of the constitutionality of affirmative action, the Court upheld the amendment as not violating court precedent described as the “political-process doctrine.” The impact of that decision on local government employment may result in the role of affirmative action being determined largely by state and local government actions. This webinar looks at those implications and discusses and analyzes alternatives to increase diversity in employment without the use of quotas or other race-based preferences.
Speakers: Dan Crean and Sheila Gladstone
In this new wonderful world of wellness, we now have concerns about the intersection of land-use planning and regulation in the health of our citizens. The term “six pack” has new meaning in this context. If you know little or nothing about health impact assessments (and most of us are in that category), gather up your staff and invite some of your planner friends in to hear what Dean Salkin has to say so that you can make meaningful contributions to this emerging, significant trends.
Speakers: Dean Patricia Salkin, Dwight Merriam & Dan Mandelker
Learn from the experiences of municipal attorneys in the trenches in a state where marijuana has been legalized (Colorado) and a state that allows medical marihuana (Michigan). Proactive approaches and defensive maneuvers will be shared with municipal attorneys in states that have some form of legalized marijuana and for those communities that will be facing future legalization pushes.
Speakers: Doug Friednash, Mark Barnes & Lori Bluhm
New smartphone-enabled transportation services are presenting significant regulatory and economic challenges to municipalities. How do we address issues of licensing, background checks, vehicle safety, accessibility, insurance, fees and taxes, enforcement and others? We are pleased to provide IMLA members with our second teleconference on Transportation Network Companies. Our headliner is Matthew Daus, who leads the transportation practice at Windels, Marx in New York City. Formerly the Commissioner of New York City’s Taxi License Commission and currently President of the International Association of Transportation Regulators, Mr. Daus and his colleagues at the firm’s transportation practice will speak to these issues, pointing to TNC policies and ordinances that have been adopted around the country.
We are allocating 90 minutes to this session to allow ample time for questions and answers.
We will be distributing to registered members a significant number of relevant documents well in advance of the session, including a recent overview of litigation involving Uber produced by Mr. Daus and his colleagues. We look forward to this important discussion–please bring your questions!
Speakers: Matthew Daus, Jasmine Le Veaux & Jason R. Mischel
Every city and county that receives Community Development Block Grants, HOME funds, and many other federal funds is required to “affirmatively further fair housing” — an obligation that DOJ, HUD, and private parties have been enforcing since 2009. It actually is all about bringing an end to “American Apartheid.” Learn about the key litigation used to enforce this obligation and what communities can realistically do to actually affirmatively further fair housing. It’s a lot more demanding than posting the Fair Housing Logo on your city’s website.
Speakers: Daniel Lauber, Michael Allen, Dwight Merriam, & Dan Mandelker
In recent years, polychlorinated biphenyls (PCBs) have been discovered in schools throughout the Northeast resulting in EPA mandated multi-million dollar clean-up projects to remove PCBs from classrooms. More recently, the discovery of PCBs in a California school district has led experts to believe that tens of thousands of schools nationwide may be contaminated by the carcinogen. This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating classrooms and on-going litigation on behalf of school districts to recover cleanup costs from Monsanto, the exclusive manufacturer of PCBs in the United States.
Speakers: Kevin Madonna & David MacIntosh
Employee testing for alcohol, drugs and other substances has been a matter of controversy and concern for a number of years. The emergence of laws conditionally legalizing medical and recreational use of marijuana may alter the legal landscape of testing. This webinar looks at current practices for drug and alcohol testing of public employees and the possible changes arising from legalization.
Speakers: Jane Taylor, Lawrence Lee, Kathleen Davidson, & Dan Crean
Attorneys are just as likely to use social media in their everyday lives as non-attorneys. But where a hasty post or comment might lead only to embarrassment for some, a seemingly innocent disclosure by an attorney could lead to serious ethical repercussions. In this program, Julie Tappendorf, the co-author of the book “Social Media & Local Governments: Navigating the New Public Square,” will provide an overview of the most common ways social media use by lawyers could lead to ethical violations of the ABA Model Rules of Professional Conduct.
Speaker: Julie Tappendorf
What happens to our pensions when a local government declares bankruptcy? This webinar will provide a recap of recent decisions in California and Detroit on the status of local government pensions should a local government declare bankruptcy
Speakers: Steve Kemp and Karen Grande
The program will describe, interpret, and offer practice recommendations regarding the FCC’s Report and Order, issuing rules implementing Section 6409(a) of the 2012 Middle Class Tax Relief Act, 47 U.S.C. § 1455(a) and the FCC’s Shot Clock rules.
Section 6409(a) purports to say that states and local units of government must approve (and cannot deny) zoning and other approvals needed for certain wireless tower collocations and other wireless tower modifications. In the rulemaking the cell phone industry has asked the FCC for broad preemption of state and local approvals, such as with the need for such approvals being abolished or with approvals automatically being deemed granted if the government fails to decide the case within the Shot Clock period.
The program will describe and comment on the new rules, including what types of wireless tower modifications the rules apply to, time to act, the application process and any transition periods. Particular issues of concern include the treatment of stealth or camouflaged sites, applicability of the rules to cell sites on municipal property, preemption of building or safety related codes, conflicts with other Federal statutes, venue for remedies (court or FCC) and whether the rules (as requested by industry) apply to new cell sites. This will be a hand-on session geared to helping local government attorneys advise their internal clients on how to implement the new rules.
Speakers: John Pestle & Jonathan Kramer
The “Code Brothers” (think of them as the “Blues Brothers” of code writing) will remind you of Elwood’s oft-repeated line: “We’re on a mission from God” because they are so committed to the cutting edge of codes. You want to know something about codes? This is the place to be. You can bet they will start their program was something much like Elwood did: “It’s 106 miles to Chicago, we got a full tank of gas, half a pack of cigarettes, it’s dark… and we’re wearing sunglasses.”
Speakers: Mark White, Joel Russell, Don Elliott, Dwight Merriam, & Dan Mandelker
Municipal employers must walk a fine line in handling immigration issues with respect to applicants for employment, current employees, and even discharged or retired employees. This IMLA webinar analyzes and provides guidance as it reviews State and Federal requirements ranging from E-Verify, to record-keeping, to mandated actions. If Federal legislation or administrative rules are adopted prior to the webinar, compliance guidance will be provided as well.
Speakers: Dan Crean,Keith Pabian & Rusi Patel
A year of IMLA land-use teleconferences would not be complete without a most spirited debate from two people who are widely acknowledged as poles apart on RLUIPA. Professor Hamilton, bar none, is the country’s leading government-side advocate and scholar. Dan Dalton has recently published a book for the American Bar Association and how to best represent religious institutions against local governments. He has never lost an RLUIPA case for a religious institution. These two have debated each other before and the sparks they generate will be illuminating.
Speakers: Marci Hamilton, Dan Dalton & Evan Seeman
A government lawyer faces challenging issues by virtue of representing a government organizational entity. Private lawyers want to communicate with your represented elected and appointed officers and employees under claim of legal right. The government lawyers is often asked to handle legal matters involving multiple constituents within the government at times with conflicting interests and positions. At times the government attorney must just say “no”. This webinar will include a discussion of the issues and the applicable Model Rules of Professional Responsibility as well as the approach of some state bars.
Speaker: Marion Radson
Employment discrimination claims are the most commonly filed lawsuits in the federal court system. But they also reveal patterns in the way cases are litigated and how plaintiff’s attorneys try to prove discrimination. By learning from these patterns, employers can improve their day-to-day handling of human resources issues and decrease their exposure to lawsuits. So, please join us for a special presentation from guest speaker David A. Cole, a partner with the law firm of Freeman Mathis & Gary, LLP, in Atlanta, Georgia, as he leads an insightful discussion of the best practices for employers to limit or prevent their employment discrimination liability.
Speakers: Dan Crean & David Cole
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