2019 Distance Learning

 

2019 Webinar Schedule

Please visit this page for regular updates. Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members in the calendar year (these 10 free webinars will be marked as free).

 

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Upcoming Webinars

December 3 - Telecommunications

Cell Antenna Leases and Sales in the 5G Era

*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

John Pestle is the Chair of the Telecommunications Group at the Varnum law firm and is admitted to practice in Michigan and Arizona. For twenty three years he has represented municipalities and private property owners nationwide on cell tower leases. John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to https://www.varnumlaw.com/services-industries-cell-towers and for John's cell tower blog go to www.varnumlaw.com/blogs/cell-phone-tower/  and scroll to “Publications”.

Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Telecom Law Firm works for governments and private landlords around the country crafting reasonably fair wireless site leases. The firm has made a mark detecting and collecting rent-in-arrears for overoccupancy at lease sites, which is a frequent occurrence, and has resulted in 6 to 6-figure collections of back rent and interest, and increased rent going forward. Jonathan co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a bunch of FCC licenses and telecom industry engineering certifications. Jonathan is admitted to practice in California and New Mexico and holds a LL.M degree in Information Technology and Telecommunications Law.

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December 4 - Preemption

Repealing Preemption

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Laura Huizar joined the National Employment Law Project (NELP) in 2015. She supports NELP’s efforts to create a good jobs economy by providing legal and technical assistance to local, state, and national campaigns to raise the minimum wage and to enforce federal overtime regulations and other protections.

Her work has included supporting campaigns around the country defending local policies from state preemption, expanding local authority to adopt pro-worker policies, and contributing to research on the abuse of preemption. As Legal Director of the Local Solutions Support Center (LSSC) Joint Project with NELP, Laura oversees and coordinates the LSSC’s legal work focused on deploying proactive legal strategies to help communities resist and reverse state preemption laws.

Laura’s background includes a variety of social and economic justice-related work, including an Equal Justice Works Fellowship at LatinoJustice PRLDEF, where she represented low-wage immigrant workers in litigation and assisted community groups seeking policy change. As a Marvin M. Karpatkin Fellow with the American Civil Liberties Union’s Racial Justice Program, Laura supported litigation and conducted legal research related to debtors’ prisons, the school-to-prison pipeline, and other major sources of racial injustice in the U.S. Before attending law school, Laura worked for JUNTA for Progressive Action in New Haven, Connecticut, focusing on local economic development and immigrant worker advocacy.

Valued for her expertise on living and minimum wage and immigrant worker issues, Laura has been quoted by Bloomberg, New Republic, CBS News, Newsweek, and more. Laura is admitted to practice law in New York and the District of Columbia.

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Please click here to view our 2020 Webinar calendar. 

 

Past 2019 Webinars

January 7 - Telecommunications

New FCC Small Cell Zoning Rules Recap

*120 Minutes* 

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

The FCC will soon be issuing orders regarding "small" cell towers and towers in the rights of way, and to some extent cell tower zoning generally. Municipal rights and authority are expected to significantly affected. The program will provide a summary of the orders with suggestions on how to proceed from John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys.

Among the items the FCC has under consideration are:

  • All shot clocks 60 days
  • Deemed granted remedy for exceeding 60 days
  • Moratoria prohibited
  • Consideration of alternative sites limited
  • Limiting aesthetic conditioning or denials
  • Utility undergrounding laws preempted
  • Few, low or no fees to use rights of way, public property
  • "Clarification" of the FCC's 2014 Wireless Siting Order on modifications to existing cell sites.

Handouts will include PowerPoints and copies of the relevant FCC orders. A lively and interactive Question and Answer session will follow the presentation. Contents of presentation are subject to change.

Speakers: John Pestle & Jonathan Kramer

John Pestle is the Chair of the Telecommunications Group at the Varnum law firm and is admitted to practice in Michigan and Arizona. He represents municipalities and private property owners nationwide on cell tower leases and zoning and other telecommunications matters. John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to www.varnumlaw.com/celltower and for John's cell tower blog go to www.varnumlaw.com/blogs/cellphone-tower/ . 

Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Telecom Law Firm works for governments and private landlords around the country crafting reasonably fair wireless site leases. The firm has made a mark detecting and collecting rent-in-arrears for overoccupancy at lease sites, which is a frequent occurrence, and has resulted in 6 to 6-figure collections of back rent and interest, and increased rent going forward. Jonathan co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a bunch of FCC licenses and telecom industry engineering certifications. Jonathan is admitted to practice in California and New Mexico and holds a LL.M degree in Information Technology and Telecommunications Law.


January 10 - Personnel

Disaster Planning

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 Zafferano & Robin Cross

Marc L. Zafferano was appointed City Attorney and began serving in San Bruno in February 2011. Mr. Zafferano had practiced municipal law with the firm of Aaronson Dickerson Cohn & Lanzone since 1987, serving as Deputy City Attorney for the cities of Belmont, San Carlos, Foster City, Half Moon Bay, and the Town of Woodside. Before leaving the firm, he was District Counsel to the San Mateo County Harbor District and City Attorney for the City of Belmont. Mr. Zafferano received an undergraduate degree from Stanford University and a law degree from Hastings College of Law. He has been a member of the California Bar Association since 1983.

Roberta "Robin" Cross currently works as the Township Attorney for The Woodlands Township, Texas. She has over eighteen years’ experience working for local governments and was recognized as an IMLA Fellow in 2013. She has also worked as in-house counsel for a police labor union and for the EEOC, as a trial attorney. She is licensed to practice in Texas and admitted all of its federal courts, the Fifth Circuit Court of Appeals and the U.S. Supreme Court. She has been Board-certified in Labor and Employment Law since 1992 by the Texas Board of Legal Specialization. She was appointed as Vice-President of IMLA’s Personnel Section in the fall of 2015. She enjoys employment law, among other things, because "you can't make this stuff up."


February 5 - Transportation

Regulation of Dockless Scooters and Bikes

*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.

Speaker: Greg Rodriguez, Jessica Sangsvang & Negheen Sanjar

Working out of the firm’s Washington, D.C. office, Gregory Rodriguez uses his unique experience working on Capitol Hill and as in-house counsel for a transportation planning agency to provide legal and regulatory guidance concerning federal grant and contracting requirements, and monitors, counsels and advocates for clients on federal legislation, rulemakings and funding opportunities related to transportation infrastructure. Greg has in-depth knowledge and understanding of the Fixing America’s Surface Transportation Act of 2015 and presents nationally on the policy and legal implications of the FAST Act.

Greg’s practice includes providing information, policy insight and legal assistance on the regulation and incorporation of emerging transportation technologies into our transportation network, including autonomous vehicles and drones. Greg regularly writes and speaks on policy and legal issues involving technology and innovation. Greg regularly participates in national webinars and speaks at conferences hosted by organizations including the Southern California Association of Governments and the Maryland Association of Counties on smart planning for driverless and connected vehicles.

Greg is well versed on the various contracting options available to public agencies and takes a hands-on approach to ensure a successful project delivery on public construction projects, including large transportation infrastructure projects. Greg previously served as in-house counsel for the San Diego Association of Governments, where he worked on the Mid-Coast Corridor Transit Project.

Before attending law school at the James E. Rogers College of Law at the University of Arizona, Gregory was a staff member for U.S. Sen. Dianne Feinstein in Washington, D.C., where he provided legislative support for issues related to the environment, energy and water.

Greg is admitted in the State of California and the District of Columbia.

Jessica Sangsvang joined the Fort Worth City Attorney’s Office in February 2010, and is a Senior Assistant City Attorney practicing in the Transactional Division.  Sangsvang handles real property matters related to the acquisition of easements or fee property for City facility projects, developer dedicated easements via separate instrument, encroachments onto City property, entering into leases and license agreements, entering into railroad crossing agreements, selling property and tax foreclosed properties, and vacating property interests as needed.  Additionally, she advises the Transportation & Public Works Department on use of municipal right-of-way, red-light camera issues, and towing and parking enforcement issues; serves as legal advisor for the Fort Worth Public Art Program and Fort Worth Art Commission; works with the Neighborhood Services Department to negotiate and draft contracts, notes, and deeds of trusts related to tax credit projects and the use of CDBG and HOME funds; works on legislative issues; and acts as the legal liaison for issues relate to the Fort Worth Transportation Authority.  Her previous responsibilities included serving as police legal advisor and handling issues related to IT, public information, elections and the Crime Control and Prevention District.

Prior to working for the City of Fort Worth, Sangsvang worked as the civil assistant district attorney for Smith County.  In that role, she represented the county and the commissioners court in civil legal matters. Sangsvang advised elected officials, department heads, committees, and boards on various legal matters including contracts, employment, elections, environmental, IT, transportation, tort claims, property, procurement, public information, and open meetings. In addition to revising county regulations and policies, she also prosecuted mental commitments, expunctions, nondisclosures and bond forfeitures.

Recently, Sangsvang has served as the lead attorney for the City of Fort Worth as it relates to the use of dockless bikes and technology within the right-of-way.  She served on a panel presenting “Dockless Bike Share” at the Irving Code Summit in May 2018.   

Sangsvang has made several other in-house CLE presentations including:

  • “Notary and Power of Attorney: Existing Rules, Changes, and Responsibilities,” August 2018
  • “City-Related Highlights of the 85th Legislature,” August 2017
  • “Oral Presentation Skills,” September 2016
  • “Drafting & Negotiating City Contracts,” January 2016
  • “Attorney Subpoena Training,” March 2014

Sangsvang is an active member of the Tarrant County Bar Association.  She serves as the chair of the Real Estate Section; is a mentor in the Transition to Practice Program; and serves on the Diversity Committee, the People’s Law School Planning Committee, and the Blood Drive Planning Committee.  She graduated summa cum laude from Texas Wesleyan University with a Bachelor’s of Science in Political Science and from Texas Wesleyan University School of Law with her J.D.  Sangsvang was the 2015 recipient of the International Municipal Lawyers Association Daniel J. Curtin Young Public Lawyer Award.

Negheen Sanjar is Director of Legal Research at IMLA and serves as a member of Municipal Lawyer’s editorial staff. She also develops programming for IMLA’s distance learning events and oversees IMLA’s annual Institute for Local Government Lawyers (ILGL), Construction Contract Drafting Initiative (CCDI), and the Disruptive Transportation Technologies and Telecom & Technology Working Groups.

Ms. Sanjar received a J.D. from The George Washington University Law School. As a law student, Ms. Sanjar served as a member of the Federal Communications Bar Journal. She is particularly interested in telecommunications law, data privacy, and emerging technologies. She is pending admission to the Washington, D.C. Bar.


February 7 - Ethics

Litigation Ethics, Civility & Dealing with Pro Se Litigants

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

Dolores Dorsainvil is an Assistant Disciplinary Counsel with the D.C. Office of Disciplinary Counsel where she investigates and prosecutes District of Columbia lawyers for ethical misconduct. Professor Dorsainvil is also an Adjunct Professor at American University’s Washington College of Law where she teaches legal ethics to second year law students. Professor Dorsainvil is an appointed member of the ABA Standing Committee on Professionalism and Past Chair of the Ethics Committee of the Maryland State Bar Association (2014-2015), is an appointed member of the Maryland Professionalism & Civility Committee. She teaches the mandatory Professionalism Course for new admittees in the District of Columbia and Maryland Bar, and is the Past Co-Chair of the Ethics & Professionalism Committee of the ABA Young Lawyers Division. Professor Dorsainvil serves in leadership roles within local and national bar associations, including her service as a past appointed member of the Standing Committee on Professional Discipline for the ABA (2012-2015), Past Fellow of the Maryland State Bar Association Leadership Academy (2006), former Co-Chair of the Judicial Selections Committee of the Women’s Bar Association of Maryland (2009-2010), and Past President of the Black Women’s Bar Association of Suburban Maryland (2002-2004). Professor Dorsainvil has received significant recognition for her work and dedication and is the recipient of the Finalist award for the ABA Young Lawyer’s Division National Outstanding Young Lawyer of the Year 2011, the ABA’s Center for Professional Responsibility Rosner and Rosner Young Lawyers Professionalism Award 2012, the 2012 Edward F. Shea Professionalism Award given by the Maryland Bar Foundation, the Daily Record’s Maryland Top 100 Women awards, May 2013 & June 2015, and the Daily Record’s Leadership in Law, November 2013.


February 12 - Police

Bodyworn Cameras at Trial

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

Jack Ryan is an attorney in Rhode Island, a graduate Juris Doctorate, Cum Laude Suffolk University Law School and has 20 years of law enforcement experience as a police officer with the Providence Police Department, Providence, RI.47

Jack’s law degree and experience as a police officer gives him the unique perspective of public safety legal and liability issues.  Jack is a former adjunct faculty member at Salve Regina University and lectures frequently throughout the United States.  He has authored several legal publications, including the PATC Best Selling “Legal Guide for Law Enforcement Officers and Supervisors” – an annually updated quick reference guide to U.S. Supreme Court case law impacting law enforcement policies and procedures.  Jack has written policies and procedures that have been adopted by over 1,000 law enforcement and corrections agencies across the United States. 


February 19 - Personnel

HIPAA and the Workplace

*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

Roberta "Robin" Cross currently works as the Township Attorney for The Woodlands Township, Texas. She has over eighteen years’ experience working for local governments and was recognized as an IMLA Fellow in 2013. She has also worked as in-house counsel for a police labor union and for the EEOC, as a trial attorney. She is licensed to practice in Texas and admitted all of its federal courts, the Fifth Circuit Court of Appeals and the U.S. Supreme Court. She has been Board-certified in Labor and Employment Law since 1992 by the Texas Board of Legal Specialization. She was appointed as Vice-President of IMLA’s Personnel Section in the fall of 2015. She enjoys employment law, among other things, because "you can't make this stuff up."

Jeffery P. Drummond’s areas of focus include representing hospitals, physicians, laboratories, surgery centers, and other healthcare providers in transactional and regulatory matters. Jeff is involved in drafting contracts, negotiating business relationships, and analyzing healthcare regulations in the healthcare, pharmaceutical, and tax exemption areas. Jeff is also listed in the “red book” as nationally recognized bond counsel.

Jeff is best known for his experience in HIPAA and medical record privacy, as well as other data privacy and security issues. He was recognized for his experience with HIPAA while the regulations were very new, has been involved in the HIPAA compliance activities of hundreds of entities and institutions, and has drafted thousands of HIPAA forms, documents, agreements, and policies and procedures. It is possible that more practitioners are using Jeff’s HIPAA documents than any other HIPAA attorney, given that he drafted the form documents offered by the Texas Medical Association to its physician members. Jeff is a frequent speaker on HIPAA and cybersecurity issues, speaking to large and small healthcare entities, lawyers, and other vendors to the healthcare industry. Since 2002, Jeff has written a weblog on HIPAA matters at www.hipaablog.blogspot.com, and regularly tweets about HIPAA under the Twitter handle @JeffDrummond.

Jeff is also a contributing editor to D Magazine’s web publication “D Healthcare Daily,” a member of the editorial advisory board of “Report on Patient Privacy,” and was named a “Best Lawyer in Dallas” in the healthcare field in 2014 by D Magazine. Jeff is an adjunct professor in the Naveen Jindal School of Management at the University of Texas at Dallas, teaching a course on Healthcare Law, Policy and Regulation.


February 28 - Telecommunications

Municipalities and Small Cells: How to Negotiate with Wireless Carriers under the New Rules

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

Wes Wright is a partner in the firm’s Washington, D.C. office. He focuses his practice on telecommunications compliance and enforcement matters.

Mr. Wright regularly counsels corporate clients on compliance matters before the FCC and state public utilities commissions. He counsels clients on compliance with rules related to telecommunications service provider regulations, state tariff requirements, private wireless licensing, 911 reliability and call handling, customer proprietary network information (CPNI), the 21st Century Communications and Video Accessibility Act (CVAA), and other related obligations. He is a recognized expert on the FCC’s wireless spectrum rules. He recently has given several compliance-related seminars on a host of topics, including: the FCC’s 911 Reliability Rules, 911 Wireless Location Accuracy, Spectrum Licensing and Enforcement, Communications Tower Compliance Obligations and the FCC’s New Citizens Broadband Radio Service.

Mr. Wright also represents trade associations and corporate clients on policy matters before the FCC. He has advocated policy positions before the FCC on the Telephone Consumer Protection Act (TCPA), Connect America Fund (CAF), municipal broadband preemption and many wireless spectrum rulemaking proceedings.

Mr. Wright also defends clients in FCC enforcement actions. He assists clients with all aspects of an FCC enforcement investigation. Mr. Wright has represented clients responding to an initial Letter of Inquiry (LOI) and guides them through the entire enforcement process. He has successfully convinced the FCC not to pursue enforcement actions for alleged rule violations and has negotiated settlements with the Commission that involve a reduced fine and no admission of wrongdoing.

Prior to rejoining Keller and Heckman in 2014, Mr. Wright worked as an in-house attorney for a telecommunications company where he advised the company’s subsidiaries on federal and state regulations governing the 9-1-1 industry, VoIP requirements, and other telecommunications compliance matters of interest.

Albert Catalano has 30 years of experience in telecommunications regulatory and legislative matters, domestic and international joint ventures, litigation, and transactions involving communications, properties and investments. Mr. Catalano’s practice focuses on public safety, broadband and wireless communications and he frequently advises clients in matters related to FirstNet and the Nationwide Public Safety Broadband Network. He is experienced in spectrum relocation proceedings, FCC auctions, international and domestic satellite issues, equipment certifications, enforcement issues, technology transfer and licensing.

Prior to entering private practice, Mr. Catalano served as legal counsel with the Federal Communications Commission on wireless communications, information transfer, technology developments, licensing issues and international satellite matters. Mr. Catalano represented the Private Radio Bureau in enforcement proceedings before Administrative Law Judges. He participated in major rulemaking proceedings involving spectrum and regulations dealing with commercial, private and public safety operations. Mr. Catalano has worked with foreign partners and governments in the Netherlands, Russia, Italy, and other countries.


March 6 - General Government

Legislative Immunities and Privileges

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

Henry M Bernstein, Assistant Parish Attorney, Caddo Parish, Louisiana. Staff Attorney, Louisiana Municipal Association, 1977-78; First Assistant City Attorney, City of Shreveport, 1983-87; Assistant Attorney General, Louisiana Attorney General’s Office, 1994-2001; General Counsel, Louisiana Department of Culture, Recreation, and Tourism, 2001-2004; Executive Counsel, Louisiana Department of Agriculture and Forestry, 2004-2006; Assistant Parish Attorney, Caddo Parish, Louisiana, 2013-present.


March 11 - Health & Environment

PFAS Update

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

Rob Bilott represents a diverse range of clients on a wide variety of matters involving federal, state and local environmental laws. For more than 27 years, he has handled environmental issues of regulatory compliance, permitting and corporate/real estate transactions, as well as all aspects of litigation arising from such issues, from administrative hearings to multi-party, complex multi-district litigation, mass torts and class actions. He has handled matters involving highly complex and emerging scientific issues with some of the nation’s leading medical, technical, scientific and regulatory experts and advisors. Such matters have included hazardous, solid, medical and infectious wastes, emerging and unregulated chemicals, per- and polyfluoroalkyl substances (PFAS), such as PFOA and PFOS, air and water pollution and permitting, medical monitoring, brownfield redevelopment, landfill regulation and permitting, wastewater treatment, and chemical risk assessment, regulation and testing.

Mr. Bilott received his undergraduate degree from New College and earned his J.D. from the Ohio State University College of Law. He is admitted to practice in Ohio and Kentucky and the 4th and 6th Circuit Courts of Appeals.


Richard Head is currently Of Counsel at SL Environmental Law Group. SL Environmental represents states, municipalities and water utilities in environmental litigation cases. Before joining SL Environmental, he worked for the New Hampshire Department of Justice. Richard held multiple leadership roles throughout his tenure with the Department of Justice. As Associate Attorney General, he was the Director of the Division of Legal Counsel and oversaw the management of the Civil and Transportation Bureaus and the Charitable Trust Unit. As a Senior Assistant Attorney General, he served as the Bureau Chief of the Environmental Protection Bureau and the Consumer Protection and Antitrust Bureau. Prior to working for the New Hampshire Justice Department, Richard worked in private practice with a focus on environmental litigation. He earned his B.A. from Clark University and his J.D. and M.S. in Environmental Science from Indiana University.


March 13 - Preemption

Punitive Preemption

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Richard Briffault is the Joseph P. Chamberlain Professor of Legislation at Columbia Law School. His work focuses on state and local government law, the law of the political process, and government ethics. He is Chair of the New York City Conflicts of Interest Board; was a member of New York’s Moreland Act Commission to Investigate Public Corruption; and is the Reporter for the American Law Institute’s project on Principles of Government Ethics. He was a member of or consultant to several New York City and State commissions, including the State Commission on Local Government Efficiency & Competitiveness, the Temporary  Commission on Constitutional Revision, the Real Property Tax Reform Commission, and the New York City Charter Revision Commission. He is co-author of the textbook State and Local Government Law, and author of Balancing Acts: The Reality Behind State Balanced Budget Requirements as well as more than seventy-five law review articles.


April 8 

Waste Collection

*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

Mr. Barry Shanoff received his undergraduate and law degrees from Northwestern University.

His clients include local governments and waste authorities throughout the country. Since 1982 he has served as general counsel of the Solid Waste Association of North America.

Mr. Shanoff has negotiated and written contracts covering put-or-pay arrangements, hauling franchises, privatized landfill operations and management, waste-to-energy projects, and landfill gas utilization. As a recognized expert in flow control, he has for many years worked with local officials nationwide in planning and implementing waste facility designation programs.

He has written extensively on solid waste issues, including an award-winning monthly legal column that ran for two decades in World Wastes magazine. In 1999, he was named Legal Editor of Waste Age magazine where his columns continued. When Waste Age ended publication, he became the legal columnist for Waste360 where his writing appears online each month.

He is licensed in Illinois, Maryland and the District of Columbia, and has qualified to practice in a number of federal district and appeals courts and before the U.S. Supreme Court.


April 17 - Telecommunications

Selling Your Cell Lease

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

John Pestle is the Chair of the Telecommunications Group at the Varnum law firm and is admitted to practice in Michigan and Arizona. He represents municipalities and private property owners nationwide on cell tower leases and zoning and other telecommunications matters. John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to www.varnumlaw.com/celltower and for John's cell tower blog go to www.varnumlaw.com/blogs/cellphone-tower/ . 

Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Telecom Law Firm works for governments and private landlords around the country crafting reasonably fair wireless site leases. The firm has made a mark detecting and collecting rent-in-arrears for overoccupancy at lease sites, which is a frequent occurrence, and has resulted in 6 to 6-figure collections of back rent and interest, and increased rent going forward. Jonathan co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a bunch of FCC licenses and telecom industry engineering certifications. Jonathan is admitted to practice in California and New Mexico and holds a LL.M degree in Information Technology and Telecommunications Law.


April 23 - Land Use

Marijuana Business Zoning and Licensing

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

Professor Alan Weinstein holds a joint faculty appointment at Cleveland State University’s Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs and also serves as Director of the Colleges' Law & Public Policy Program. Prior to his appointment at Cleveland State, he taught at the University of Wisconsin School of Architecture & Urban Planning, the Jacob D. Fuchsberg Law Center at Touro College, and Wayne State University Law School. 

Professor Weinstein received a B.A. from the University of Pennsylvania, a Master of City Planning (M.C.P.) from the Massachusetts Institute of Technology, and a law degree (J.D.) from the University of California, Berkeley. 

Professor Weinstein is a nationally-recognized expert on planning law who has extensive practice and research experience with land use regulation and development. He teaches a Seminar on Marijuana Law & Policy at the College of Law and has lectured extensively on local government regulation of marijuana businesses.

He has served as Chair of the American Planning Association’s Planning & Law Division and Co-Chaired the Sub-committee on Land Use & the First Amendment in the American Bar Association's Section of State & Local Government Law. He is the author of more than seventy-five journal articles and is co-author of two one-volume treatises, Federal Land Use Law & Litigation and Ohio Planning & Zoning Law, Published by Thomson-Reuters.


May 2 - Personnel

Employee Speech vs. Employer Discipline: Government Employers and the First Amendment

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

Barry H. Uhrman is currently an Assistant Attorney General for the State of Arizona. He has over 18 years of experience in labor and employment matters.

Throughout his career, Barry has defended cases for municipal and governmental employers, Fortune 500 clients, and other public and private sector employers in federal and state courts and before administrative agencies, regarding state and federal employment discrimination claims. He also has represented public and private sector employers in various labor law matters, including collective bargaining/negotiations, grievances, and unfair labor practices. He has represented governmental entities (Title II) in cases involving alleged discrimination in services, programs, and activities provided by state and local government entities and private businesses (Title III) in ADA access litigation involving businesses that own, operate, or lease places of public accommodation.

Barry, who was named as one of Arizona’s Finest Lawyers, is a frequent speaker for bar associations, governmental entity employers, and national and international law associations regarding social media, drug testing and medical marijuana, FMLA/ADA matters, and other labor and employment topics.

Lindsay Rose is a Senior Attorney at the City of Colorado Springs, Colorado where she has practiced municipal law exclusively since 2013.  Her current practice involves providing legal advice, counseling, and representation to various city departments, enterprises, boards, commissions, and staff members on employment law and Americans with Disabilities Act (ADA) Title II matters. Prior to joining the City, Lindsay handled various employment law matters and obtained invaluable trial and arbitration experience while practicing with a civil litigation firm in San Antonio, Texas. Lindsay currently serves as the Young Lawyer co-chair of IMLA’s Personnel Section. She is a 2006 graduate of Texas Tech University School of Law and is licensed in Colorado and Texas (inactive).


May 13 - Telecommunications

FCC Changes to Cable Franchising

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 and Negheen Sanjar

Gerard Lavery Lederer’s unique background as a nationally recognized telecommunications, cable and small cell lawyer combined with his experiences as a registered federal lobbyist provides clients unparalleled service in seeking both legislative and transactional solutions. Prior to joining Best Best & Krieger LLP as a partner in the Municipal Law practice group in Washington, D.C., Gerry was an attorney with Miller & Van Eaton, a highly regarded local government rights of way law firm.

Gerry advocates for public and private property owners regarding issues of law and policy arising from federal and state communications legislation and regulation. He is also one of the nation’s leading authorities on marketplace solutions for the seamless integration of cable and wireless technology into communities. He authored “Critical Connections” and “Wired for Profit,” two leading guides on the integration of telecommunications technology into the built environment. He developed the first model license agreements for access to buildings and rooftops to promote cooperative relations between telecommunications service providers and property owners, while protecting both parties’ interests.

Gerry serves as legislative counsel and lead Washington advocate for TeleCommUnity, a collection of local governments dedicated to ensuring respect for local rights in federal legislative and regulatory activity.

Since arriving in Washington, D.C. in 1985 as the City of Philadelphia’s Washington advocate, Gerry has served as Washington legislative counsel to a number of local governments and agencies, including as lead advocate for local governments on infrastructure issues and as general counsel of the United States Conference of Mayors. He has also served as executive director of advocacy and research advancement for the Building Owners and Managers Association, International and executive director of government affairs for the United States Telephone Association. Prior to his career in Washington, he served as the chief deputy city commissioner for the City of Philadelphia. This position oversees the city’s voter registration and election day. He is a member of the Federal Communications Bar Association.

Gerry is admitted to practice law in the State of New Jersey and the District of Columbia, and is an inactive member of the bar of the Commonwealth of Pennsylvania.

Nancy Werner is General Counsel of the National Association of Telecommunications Officers and Advisors. Prior to joining NATOA, Nancy was Of Counsel at the law firm of Beery, Elsner & Hammond, LLP in Portland, Oregon, where she represented local government with a focus on communications law, right of way management and utility franchises. She has represented clients in state and federal court on issues including cable franchise renewals, telecommunications law, right of way regulations and fees and home rule authority. Nancy previously was a litigator at Kirkland & Ellis in Chicago and O'Melveny & Myers in Los Angeles. Nancy is a graduate of the University of Southern California Law School, where she was on the staff of the USC Law Review.

Negheen Sanjar is Director of Legal Research at IMLA and serves as a member of Municipal Lawyer’s editorial staff. She also develops programming for IMLA’s distance learning events and oversees IMLA’s annual Institute for Local Government Lawyers (ILGL), Construction Contract Drafting Initiative (CCDI), and the Disruptive Transportation Technologies and Telecom & Technology Working Groups.

Ms. Sanjar received a J.D. from The George Washington University Law School. As a law student, Ms. Sanjar served as a member of the Federal Communications Bar Journal. She is particularly interested in telecommunications law, data privacy, and emerging technologies. She is pending admission to the Washington, D.C. Bar.


May 23 - Transportation

Lime Presents: Scooter Regulations

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Ashley N. Scott is an experienced regulatory, legislative and public policy lawyer, and her career is focused on leveraging new transportation technologies to advance the public interest. She currently serves as Lime's regulatory attorney for all of its markets here in the US and internationally, and oversees the company's global policy strategy.  She is a former City Attorney for the City of Atlanta, campaign operative, and litigation attorney.  Her background includes creating and drafting regulatory frameworks for sharing economy technologies for the City of Atlanta. Also, she currently serves as the Chair of the American Bar Association's Sharing Economy Committee.  Ashley holds a law degree from Emory University and a Bachelor of Science from the University of Florida.

Andy Segovia is the City Attorney and serves as the chief legal advisor to the City Council, City Manager and all City departments, offices and agencies.

The 50+ lawyers in the Office of the City Attorney represent the City of San Antonio, its officials and the thousands of City workers who strive every day to make it the finest city in the nation. The Office of the City Attorney’s mission and duty is to render the highest quality legal service with fidelity to professional standards and conduct.

Prior to joining the City of San Antonio as the City Attorney in 2016, Mr. Segovia was a member of the General Motors Legal staff for 26 years, where he last served as the Executive Director, Facilities & IT. Prior to that assignment, Andy was the Executive Director for Product Litigation, Executive Director for both Customer Care & Aftersales, and Customer Experience as well as the Practice Area Manager for the Marketing and Sales group. During the GM bankruptcy, Andy played a key role in the 363 sale that created New GM. Additionally he served as principal attorney for GM Powertrain and GM Mexico. Earlier in his GM career, he worked on international environmental matters, product litigation and commercial transactions.

Mr. Segovia served 6 years as a Surface Warfare Officer in the U.S. Navy. While in the Navy, he served on the USS Berkeley DDG-15 and with the Navy ROTC staff at Texas A&M University.


May 30 - Preemption

Sanctuary Policies

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Rick Su is a Professor of Law at the University at Buffalo School of Law, where he writes and teaches in the areas of local government law, immigration, and federalism. His research focuses on the intersection between cities and immigration. His work has appeared in the Columbia Law Review, the William & Mary Law Review, the University Of Pennsylvania Journal Of Constitutional Law, and the Harvard Law & Policy Review.

Su received his B.A. from Dartmouth College in 2001 and his J.D. from Harvard Law School in 2004. After graduating from law school, he clerked for The Honorable Stephen Reinhardt on the Ninth Circuit Court of Appeals and worked in the U.S. Department of Housing and Urban Development. He was a Visiting Professor at Harvard Law School in 2015 and Washington University in St. Louis School of Law in 2018. In the fall of 2019, he will be joining the faculty of the University Of North Carolina School Of Law.


June 3 - First Amendment

Case Law Update: Post Reed

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

Susan L. Trevarthen, ESQ., FAICP chairs the Municipal Land Use and Zoning practice and is an AV-rated Member of the law firm of Weiss Serota Helfman Cole & Bierman, P.L.  She handles land use, planning and zoning matters for governments, and serves as the municipal attorney for two small coastal communities in Miami-Dade and Broward Counties.  Her work includes reviewing and negotiating development agreements and approvals, drafting municipal codes and plans, advising municipal staffs, managers and attorneys, defending challenges to municipal regulations and decisions, handling public hearings, and counseling elected officials, as well as advocating for municipalities on legislative issues in her field.  Her practice also includes constitutional law issues (such as regulation of First Amendment-protected land uses including signs, places of worship and adult uses, and takings and Harris Act issues); hot topics in zoning law such as medical marijuana, sober houses and vacation rentals; and public school facilities.  Ms. Trevarthen is board certified in City, County and Local Government Law by the Florida Bar, has been recognized as one of the top land use attorneys in the state in publications such as Florida Trend Magazine and SuperLawyers, and is a Member of the College of Fellows of American Institute of Certified Planners.  Ms. Trevarthen has held leadership positions in the Florida Bar’s Section for Environmental and Land Use Law and Section for City, County and Local Government Law, and is a member of the Board of Directors of 1000 Friends of Florida.  Susan grew up in Boca Raton, Florida.  She was graduated from University of North Carolina at Chapel Hill with a joint degree in law and planning (M.R.P. and J.D., 1991) and from Duke University (A.B., 1986).  This email address is being protected from spambots. You need JavaScript enabled to view it.


June 5 - Health & Environment

Stormwater Update

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

Andre Monette works with both public and private clients in matters involving water quality, water rights, wetlands, and state and federal hazardous and solid waste issues. He is a member of the Environmental & Natural Resources practice group in BB&K's Washington, D.C. office. Andre works extensively with water districts, cities, counties and school districts on matters involving the Federal Clean Water Act and its state law analogues.

Andre's practice has included:

  • Representing multiple clients in Clean Water Act cases as Amicus before the United States Supreme Court in Decker v. Northwest Environmental Defense Center (2012), Los Angeles County Flood Control District v. Natural Resources Defense Council (2012)and Los Angeles County Flood Control District v. Natural Resources Defense Council (2014)
  • Testifying before the United States Senate on storm water runoff and the jurisdictional reach of the Clean Water Act
  • Assisting with the implementation of pretreatment standards in compliance with Clean Water Act Regulations
  • Litigating complex water rights disputes involving groundwater formations and surface streams across California
  • Defending clients in enforcement actions brought by state and federal authorities for violating the Clean Water Act and other environmental regulations
  • Participation in the development and subsequent challenge of Total Maximum Daily Loads (TMDLs) applicable to wastewater treatment facilities, municipalities, and other dischargers
  • Assisting in the development and use of recycled water, including ownership issues, in compliance with California and Federal law

A major area of focus for Andre's practice is the intersection of the water quality and water supply regulation. Federal and state laws across the nation divide water quality and water supply regulations into separate categories that often do not intersect and can preclude efficient use of the supply. Andre's practice focuses on areas of overlap where acute knowledge of multiple regulatory schemes is required including: groundwater recharge projects, indirect potable reuse projects, large scale recycled water projects, effluent limitation compliance where source water constituents impact discharge levels, and water quality trading programs.

Andre received his bachelor's degree of science in geology, with an emphasis in marine geology and a minor in political science, from San Diego State University. He received his law degree from Case Western Reserve School of Law in Cleveland, Ohio. While in law school, Andre was a member of the Case Western Reserve School of Law ABA Moot Court Team. His law school honors include the Class of 1940 Scholarship, the 2005 Adelstein Environmental Law Award -
"Outstanding Note," the 2004 Saul S. Biskind Public Interest Law Fellowship and the California Bar Association Wiley W. Manual Pro Bono Service Award.


June 6 - Telecommunications

Understanding the FCC's 2014 Order Implementing Section 6409(a)

*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

John Pestle is the Chair of the Telecommunications Group at the Varnum law firm and is admitted to practice in Michigan and Arizona. He represents municipalities and private property owners nationwide on cell tower leases and zoning and other telecommunications matters. John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to www.varnumlaw.com/celltower and for John's cell tower blog go to www.varnumlaw.com/blogs/cellphone-tower/ . 

Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Telecom Law Firm works for governments and private landlords around the country crafting reasonably fair wireless site leases. The firm has made a mark detecting and collecting rent-in-arrears for overoccupancy at lease sites, which is a frequent occurrence, and has resulted in 6 to 6-figure collections of back rent and interest, and increased rent going forward. Jonathan co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a bunch of FCC licenses and telecom industry engineering certifications. Jonathan is admitted to practice in California and New Mexico and holds a LL.M degree in Information Technology and Telecommunications Law.


June 11 - Preemption

Gerrymandering and Local Governance

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Paul A. Diller is Professor of Law and Director of the Law and Government program at Willamette University College of Law in Salem, Oregon, where he has taught since 2005. Diller's professional work focuses on the legal structures, including federalism and gerrymandering, that constrain or empower local policymaking. Recent scholarship examines how local lawmaking can help remedy the urban disadvantage in representation at the federal and state levels. Other recent work addresses the unique potential of cities to spur regulatory change, particularly with respect to protecting the public health.

Putting his scholarship into action, Diller is a leading law professor in the national effort to preserve and promote local authority in the face of more frequent and aggressive preemption. In September 2017, Diller authored an amicus brief on behalf of several leading municipal organizations in a Supreme Court case challenging gerrymandering of state legislative districts. For several years, Diller worked on strategies to combat youth obesity with a nonprofit organization. In Oregon, Diller is an active participant in the legislative process, advocating for legislation that promotes the public health and economic fairness.


Diller clerked for Chief Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit after law school. From 2002-05, he was a trial attorney in the Civil Division of the US Department of Justice in Washington, D.C., where he litigated constitutional, employment discrimination and Freedom-of-Information-Act cases, among others. In his spare time, he enjoys playing and watching baseball, skiing, drinking coffee, and spending time with his family.

Diller teaches State and Local Government, Property, Public Health Law, and other related courses.


June 27 - Personnel

Workplace Investigations

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:

  • Investigation best practices
  • Witness interview techniques
  • Proper documentation
  • Safeguarding employee privacy
  • Related state and federal laws

Speakers: Robin Cross & Audrey Forbush

Roberta "Robin" Cross currently works as the Township Attorney for The Woodlands Township, Texas.   She has over twenty years’ experience working for various local governments in Texas and was recertified as an IMLA Fellow in 2018.   In another life, she previously worked for the dark side, both as in-house counsel for a police labor union and also as a trial attorney for the EEOC.   She is licensed to practice in Texas and is admitted to all its federal courts, the Fifth Circuit Court of Appeals and the U.S. Supreme Court.  She has been Board-certified in Labor and Employment Law in Texas since 1992 by the Texas Board of Legal Specialization.  In the fall of 2015, she was appointed as President of IMLA’s Personnel Section.  She enjoys employment law, among other things, because "you can't make this stuff up."

Audrey Forbush focuses her trial practice primarily in the area of municipal liability with particular expertise in police liability issues, such as search and seizure, use of force, pursuits and correctional law; civil rights; whistleblower; labor and employment (discipline, wrongful discharge and contract related issues), zoning and personal injury. She also advises public and private universities with respect to Title IX claims of alleged sexual assaults on campus.


July 8 - Homelessness

The Do’s and Don’ts of Homelessness Ordinances and Policy

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

Gita O’Neill has been with the Office of the Los Angeles City Attorney since 1999. She started doing criminal trials and then was appointed to be one of the fist Neighborhood Prosecutor Program which placed a prosecutor in every police division in Los Angeles. She then transitioned the Civil Nuisance Abatement Program where she filed cases against problem property owners whose properties had gang, narcotics, nuisance, and vice issues. Gita then was appointed to be the Supervising Attorney for the Neighborhood Prosecutor Program. She supervised the program as it tripled in size under the current City Attorney, Mike Feuer. Two years ago, she was promoted again to be the Director of Homeless Policies and Strategies for the City Attorney’s Office. Prior to working at the City Attorney’s Office, she worked as an associate in the civil plaintiff’s firm Girardi and Keese. Gita attended the University of Santa Clara Law School and completed her undergraduate studies at UC Irvine.

Meghan Claiborne is the Deputy City Solicitor for the City of Philadelphia. She works on homelessness issues as well as other matters in the City’s civil rights unit.


July 9 - Finance

Municipal Bonds

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

Paul Maco defends municipal bond issuers, underwriters, municipal advisors, lawyers, rating agencies, companies and their employees in government enforcement matters as well as advises on regulatory and compliance matters. Paul brings his combined experience as a former senior official at the U.S. Securities and Exchange Commission (SEC) in SEC enforcement, regulatory, and policy formation, private sector enforcement defense and transactional work. He provides clients with a comprehensive perspective in enforcement, regulatory, and compliance matters before the SEC, Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), the Municipal Securities Rulemaking Board (MSRB) and states Attorneys General. He brings this same comprehensive perspective when advising clients on matters with the Office of Credit Ratings and corporate governance matters, as well as when conducting internal investigations or serving as special disclosure counsel for complex matters such as pension funding or large infrastructure projects. He coordinates public finance activities in the firm’s Washington office. 

Currently, Paul represents several investment banks in separate SEC and FINRA enforcement investigations. He recently successfully represented a city in an SEC formal investigation; secured an Order Granting Reinstatement to Appear and Practice before the SEC as an Accountant for a CPA client; represented several state and local government issuers and underwriters in the SEC's MCDC enforcement initiative, including three settled proceedings with underwriters; and successfully defended a rating agency in an SEC enforcement investigation.

Paul’s direct involvement in SEC enforcement in the municipal bond market parallels the evolution of SEC activity in this market, beginning with his participation as a young attorney in the Division of Enforcement in the SEC’s New York Regional Office in the preparation of the Staff Report and final report on the SEC’s investigation of New York City up to his present day practice in defending market participants in SEC enforcement and regulatory matters. In between he chaired bar committees, authoring and commenting on proposed municipal market regulations, while practicing in New York and Boston as a securities and public finance lawyer. He returned to the SEC to work for Chairman Levitt and establish and serve as first Director of the SEC’s Office of Municipal Securities. In addition to advising the Commission on enforcement proceedings against approximately 150 municipal market participants, activities relating to the Orange County, California bankruptcy, drafting continuing disclosure amendments to Rule 15c2-12, and MSRB rulemaking, Paul accompanied and advised the Chairman in Congressional testimony and testified himself before Congress. He coordinated SEC efforts to end "pay-to-play" practices in the U.S. municipal securities markets and initiated a program providing technical assistance in developing sub-sovereign debt markets. In October 2000 he returned to the private sector to build his current practice.

David A. Rogers is a member in the Columbus office of Frost Brown Todd LLC, is former Chair of the Public and Project Finance Team and practices in the Finance Practice Group. His practice focuses on public finance, project finance, and structured finance. His recent experience includes acting as bond counsel for state and local issuers, and representation of issuers, underwriters, placement agents, purchasers and trustees, in traditional infrastructure finance, structured finance, economic development finance, health care finance, and energy and PACE (property assessed clean energy) finance transactions; and representing issuers and bankers in transactions using securitizations and derivatives to enhance and remarket municipal bond issues. He also has experience representing both public asset owners and private lessee concessionaires in public-private partnerships. His practice concentrates in the areas of bond law, securities law, and public debt federal and state tax matters.

He has served as bond counsel, trustee's counsel, structuring counsel, underwriter's counsel, developer's counsel or purchaser's counsel for various taxable and tax-exempt project financings, including securitizations, infrastructure, economic development and facilities finance for advanced energy, shopping centers, office buildings, stadiums, arenas and hotel facilities; as bond counsel, disclosure counsel and underwriter's counsel for both tax-exempt and taxable bonds and bond programs, including energy, housing, private activity, hospital, 501(c)(3), education and traditional issues; as bond counsel for several Ohio port authorities and related taxable and tax-exempt economic development lease and bond fund programs; as bond counsel, transaction, disclosure and special tax counsel for derivative, commodities swap, interest rate swap and swaption transactions; and as bond counsel, trustee's counsel, structuring counsel, disclosure counsel, underwriter's counsel and special tax counsel for structured finance and corporate finance transactions, including taxable mortgage bond issues, CMBS, credit tenant leases, securitizations, P3's, secondary market transactions and governmental synthetic leases. He acted as counsel to Queensland Investment Corporation, the lessee and concessionaire from The Ohio State University of the right to operate all parking system assets at the OSU main campus. He also acted as placement agent's counsel for multiple bond issues financing the $275 million Ernst & Young Tower Cleveland Flats project; a complex commercial real estate and public infrastructure project utilizing more than 35 funding sources. He served as special development counsel to Cuyahoga County, Ohio, and as underwriter's counsel for the bond financing of the $400 million Med Mart Convention Center Project recently completed in Cleveland.

He led the firm's team of attorneys representing the City of Cincinnati, Ohio negotiating and documenting its proposed public-private partnership (P3) lease of its downtown parking system to the Port of Greater Cincinnati Development Authority; which was restructured as a more traditional economic development finance transaction; and is now part of the firm's team of attorneys acting as bond counsel for the City of Cincinnati. He is currently working as part of the firm's team of attorneys representing the State of Ohio's Department of Transportation on the $2.8 billion multi-state project to rebuild and replace the I-71/I-75 Brent Spence Bridge in Cincinnati, Ohio.

David is also the President of our affiliate FBT Project Finance Advisors LLC, an independent municipal advisor registered with the SEC and MSRB, which consults with governmental entities and private concessionaires. The members of his FBT Project Finance Advisors team have worked to provide project finance solutions for delivery and implementation of hundreds of infrastructure projects. They have extensive experience consulting on public and project finance projects, including design-build and DBFOM (design build finance operate and maintain) public-private partnerships utilizing availability payments, tolls, at-risk and other innovative delivery methods. The extensive experience of the principals of FBT Project Finance Advisors is complemented by a commitment to problem solving and finding innovative solutions, whether new solutions or ones tried before, including identification of available funding sources, analyzing SPV (special purpose vehicle) revenue finance options, P1 (traditional public finance), P2 (public-public transfers and tax-exempt finance) or P3 (public-private partnerships). It also recognizes the importance of, and helps its clients with public perception, support, transparency and education. David Rogers bar memberships are American Bar Association, Ohio State Bar Association and Columbus Bar Association. He is a graduate of Harvard Law School, J.D., 1976 and The Ohio State University, B.S.,1973, summa cum laude.


July 10 - Law Enforcement

IMLA Presents: SLLC - Supreme Court Police Cases

*FREE LIVE!  While the webinar is free to all, if attendees want CLE credit they’re responsible for that cost and the fees related to CLE.

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

Spencer Driscoll is a litigation associate who represents individual and corporate clients in appeals, civil litigation and in various stages of government and internal investigations. Spencer maintains an active pro bono practice, which includes amicus briefing in the U.S. Supreme Court, and indigent criminal representation in the D.C. Court of Appeals and D.C. Superior Court. He has also represented low-income tenants in D.C. Superior Court.

Lauren Kuley is an experienced appellate practitioner and leads successful motions practice in complex litigation. She has argued and won appeals in federal and state appellate courts. She has successfully petitioned for review in the US Supreme Court and led the merits briefing team in obtaining a unanimous reversal for a Fortune 500 company. She has obtained dismissal of high-stakes putative class action claims and federal RICO claims. Lauren also serves as an adjunct professor at the University of Cincinnati College of Law where she teaches the Sixth Circuit Clinic and represents indigent individuals. Lauren was previously a law clerk to The Honorable Judge Karen Nelson Moore of the US Court of Appeals for the Sixth Circuit. After clerking, Lauren served as the Simon Karas Fellow in the Ohio Attorney General’s Office, where she represented the state on appeal. In that position, she argued and won cases for the state before the Ohio Supreme Court and the US Court of Appeals for the Sixth Circuit.

Lisa Soronen is the Executive Director of the State and Local Legal Center (SLLC). Prior to joining the SLLC, Ms. Soronen worked for the National School Boards Association, the Wisconsin Association of School Boards, and clerked for the Wisconsin Court of Appeals.


July 11 - Personnel

ADA - Reasonable Accommodations and Employment

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

Jonathan Mook is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act, both published by LexisNexis. He is a co-editor of the Virginia Employment Law Letter and is a regular contributor to several legal publications, including Bender’s Labor & Employment Bulletin. He is included in Best Lawyers in America (2014 ed.) for employment law, and ALM Legal Leaders has listed him as a Top Rated Labor & Employment Lawyer (2013). Mr. Mook earned his Juris Doctor from Yale Law School.

Roberta "Robin" Cross currently works as the Township Attorney for The Woodlands Township, Texas.   She has over twenty years’ experience working for various local governments in Texas and was recertified as an IMLA Fellow in 2018.   In another life, she previously worked for the dark side, both as in-house counsel for a police labor union and also as a trial attorney for the EEOC.   She is licensed to practice in Texas and is admitted to all its federal courts, the Fifth Circuit Court of Appeals and the U.S. Supreme Court.  She has been Board-certified in Labor and Employment Law in Texas since 1992 by the Texas Board of Legal Specialization.  In the fall of 2015, she was appointed as President of IMLA’s Personnel Section.  She enjoys employment law, among other things, because "you can't make this stuff up."


July 16 - Land Use

Fair Housing Ordinances and Local Governments

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

Brian J. Connolly is a shareholder in the Land Use, Litigation, and Real Estate practice groups at Otten Johnson Robinson Neff + Ragonetti, P.C. in Denver, Colorado. There, he represents public- and private-sector clients in matters relating to zoning, planning, development entitlements and other complex regulatory issues. Brian’s practice encompasses a broad range of land use matters including zoning compliance, rezonings and other regulatory amendments, planned-unit developments, development agreements, private covenants and restrictions, land use and zoning litigation, initiatives and referenda associated with land use approvals, and real estate transactions. Brian has received national recognition for his work on First Amendment issues associated with local government regulation, including signs and outdoor advertising, and his work on fair housing matters in local planning and zoning, particularly in the area of housing for people with disabilities.

In addition to his work at the firm, Brian is an Adjunct Professor at the University of Colorado School of Law in Boulder, where he teaches Land Use Planning. Prior to practicing law, Brian was an urban planner in the planning department of Westchester County, New York. Brian also worked in planning capacities at the federal and municipal government levels.

Brian writes and speaks on land use law topics nationally and regionally, and is active in professional organizations. Brian has served as the editor or co-author of three books, including Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression (ABA Publishing 2017) and Group Homes: Strategies for Effective and Defensible Planning and Regulation (ABA Publishing 2014), addressing the planning and local zoning issues associated with group homes for people with disabilities. Brian serves on the advisory board of the Rocky Mountain Land Use Institute, and is the elected Secretary-Treasurer of the American Planning Association’s Planning and Law Division.


August 8 - Section 1983

Tips For Successfully Litigating Qualified Immunity

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

GMSR Managing Partner Timothy Coates is one of the country’s leading appellate attorneys representing public entities and their employees. Over the past thirty years, Tim has briefed and argued over 250 appeals in the state and federal appellate courts, including five cases in the United States Supreme Court. Tim has been recognized as the “go-to” lawyer for governmental entities in civil appeals and related law and motion proceedings in major cases in the areas of civil rights, environmental regulation, employment, and general tort liability.

Tim has also represented managed care organizations and other healthcare providers in medical malpractice actions, breach of contract and bad faith claims, and regulatory matters under the Medicare and Medicaid Acts.

In media, Tim is regularly acknowledged for his success and impact on the law. Reuters named Tim one of the “Top Petitioners” in the United States Supreme Court based on his success in having review granted in that Court, and the Los Angeles Daily Journal recognized Tim as one of the top 100 attorneys in California in 2009, 2011, 2012, and 2013 based on his success in the Supreme Court. In addition, Tim has received the prestigious California Lawyer of the Year award for his United States Supreme Court work. He has been named a Southern California Super Lawyer in the area of appellate practice from 2007-2018, and has also been named in The Best Lawyers In America (Appellate Law) (2014-2018).


August 21 - Land Use

Real Estate Manuals

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

Wynetta Massey is a native of Independence Missouri and holds undergraduate degrees from the University of Missouri-Columbia in speech communication (with honors) and political science. She received her juris doctor from the University of Kansas School of Law and discovered an affinity for municipal law during her second and third years as a law clerk for the City of Kansas City, Kansas. After beginning her practice with a small municipal firm in Denver, she accepted a Prosecutor position with the Colorado Springs City Attorney’s Office in 1990.

Wynetta currently serves as City Attorney and leads an office of 27 attorneys and 14 support staff. Colorado Springs, a home rule city with a population of 450,000+, owns and operates a four service utility (gas, water, electric generation/distribution, and wastewater); a trans-mountain water diversion system; a hospital system that is leased and operated by the University of Colorado Health; a joint civilian and military airport; over 9,000 acres of parkland and 265 miles of trails; two cemeteries; two golf courses; and operates the Pikes Peak Highway under a special permit issued by the U.S. Forest Service.

Wynetta has spoken at professional conferences and CLEs on a wide range of topics including ethics and conflicts, takings, local land use authority, medical marijuana regulation, and the council-mayor form of government.


August 22 - Land Use

Update: Drafting Land Use Ordinances

You'll learn about:

  • Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.
  • Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.
  • Writing in plain English; avoiding legalese and plannerese. Remember your audience.

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 

David Silverman has a thorough understanding of the zoning and entitlements process. His prior career as a professional planner informs his practice as an attorney, giving him an unprecedented understanding of the dynamics that influence the zoning and entitlement process. His multi-faceted professional background also provides public and private sector clients with advisory services that extend beyond legal representation to help them achieve their goals and objectives.

David is co-chair of Ancel Glink’s Zoning and Land Use Group and co-editor of the group’s e-newsletter, In the Zone. David also serves as moderator for the Zoning and Land Use Group’s Twitter site, @AncelGlinkLand.

David is involved with several organizations that promote better land use and development practices. David serves on the Executive Board of the Illinois Chapter of the American Planning Association as its Legislative Committee chair and serves as the Education and Outreach Chair for the Planning and Law Division of the American Planning Association. In addition, David is also a member of the Ely Chapter (Chicago) of Lambda Alpha International, Urban Land Institute, and is a member of the American Institute of Certified Planners. 

Kimberly Mickelson is an attorney and planner with the City of Houston, TX and is the President of the Texas Chapter of the American Planning Association, and the Editor of A Guide to Urban Planning in Texas Communities. Her practice is concentrated in the representation of governmental and non-profit corporations. She specializes in and represents cities across Texas and in Illinois on land use matters, including zoning and platting, economic development, airport law, special districts, development agreements, and cemetery law. She is licensed in both Texas and Illinois, and writes and speaks frequently on planning and land use law issues nationally. She is also Visiting Associate Professor of Practice in the Master’s Program, Landscape Architecture and Urban Planning Department in the College of Architecture at Texas A&M University. Ms. Mickelson is an honors graduate of the Plan II program at The University of Texas, and The University of Texas School of Law and the Lyndon B. Johnson School of Public Affairs. She attended Schiller International University in Heidelberg, Germany, studied municipal and historic preservation at in Krakow, Poland during graduate school, and was a post-graduate research fellow at the University of Belgrade. She is a member of the Texas Bar Association and serves on the Government Law Section Council, the Texas City Attorney’s Association, the Houston Bar Association, the American Planning Association (APA), and the American Institute of Certified Planners. She serves on the University of Texas Libraries Council, and is a former board member of Preservation Texas and Preservation Chicago. In her spare time, she is active in neighborhood redevelopment and historical cemetery preservation issues, is a rabid Longhorn football fan, and an art quilter.


August 27 - Qualified Immunity

IMLA Presents: SLLC - SCOTUS: Attack on Qualified Immunity

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

Lisa Soronen is the Executive Director of the SLLC. Prior to joining the SLLC, Lisa worked for the National School Boards Association, the Wisconsin Association of School Boards, and clerked for the Wisconsin Court of Appeals. She earned her J.D. at the University of Wisconsin Law School and is a graduate of Central Michigan University.


August 28 - Section 1983

Opening/Summation in a Federal Civil Rights Use of Deadly Force Case

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

Patricia Miller is the Chief of the Special Federal Litigation Division of the New York City Law Department. Special Fed is responsible for defense of NYC law enforcement personnel in Federal Civil Rights actions in the Eastern and Southern Districts of New York. Prior to her appointment as Chief, Ms. Miller served as the Deputy Chief of Trials for the Special Fed Division. Ms. Miller was also a trial supervisor and senior trial attorney for the Labor and Employment Division of the Law Department. She has tried to verdict more than 60 cases in federal court and supervised dozens more. Ms. Miller was named Top Women in Law 2016 by the New York Law Journal and is a 2017 recipient of the New York State Bar Association Shira Scheindlin Award for Excellence in the Courtroom. Before joining the Law Department, Ms. Miller clerked for William M. Acker, former U.S. District Judge for Northern District of Alabama, and was an associate at Cahill Gordon & Reindel. She is also an adjunct professor at Fordham University School of Law and has served on the faculty of Cardozo Law School’s Intensive Trial Advocacy Program and the Law Department’s NITA program. Ms. Miller completed her undergraduate work at Fordham University and obtained her law degree from William and Mary in Virginia where she was a member of the Law Review Executive Staff. She has served as chair of the Law Department’s Committee on Diversity Recruitment and Retention, the first member of the LGBT Community to hold that position and is the 2013 recipient of the James M. Bolin Diversity in Leadership Award. Ms. Miller is also the co-Chair of the Federal Bar Council Diversity Committee; a member of the Federal Bar Council Second Circuit Committee; and a member of the FBC Board of Trustees.


August 29 - Personnel

Give Me Liberty or Give Me YouTube! Training Staff to Handle First Amendment Auditors

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

Paul Martin, of Paul Martin, P.C., represents cities and other local governments in the greater St. Louis, Missouri area, including the cities of Olivette, Rock Hill, Crystal Lake Park, and Breckenridge Hills.  He is also special counsel to the city of Maryland Heights and the O'Fallon Fire Protection District, among others. Paul is a past Director of the Missouri Municipal League, a past officer and current member of the Missouri Municipal Attorneys Association, and he is a member of IMLA. Paul has authored and presented on a number of municipal topics over the years. He earned his JD from St. Louis University School of Law and his undergraduate degree from Knox College, with a major in history.

Roberta "Robin" Cross currently works as the Township Attorney for The Woodlands Township, Texas. She has over twenty years’ experience working for various local governments in Texas and was recertified as an IMLA Fellow in 2018. In another life, she previously worked for the dark side, both as in-house counsel for a police labor union and also as a trial attorney for the EEOC. She is licensed to practice in Texas and is admitted to all its federal courts, the Fifth Circuit Court of Appeals and the U.S. Supreme Court. She has been Board-certified in Labor and Employment Law in Texas since 1992 by the Texas Board of Legal Specialization. In the fall of 2015, she was appointed as President of IMLA’s Personnel Section. She enjoys employment law, among other things, because "you can't make this stuff up."


October 8 - Section 1983

ADA Claims Against Correctional Officers

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

Valorri C. Jones is a Senior Attorney for Fincher Denmark prior to this she was the Deputy Division Chief of Litigation for the City of Atlanta, Georgia. After graduating law school from the University of Tennessee in 2001, Valorri began her career as a Deputy City Attorney for the City of Jackson, Mississippi. Over the years she has worked as an Assistant District Attorney and as a Public Defender. Before moving to Atlanta she was the Managing Attorney for the Cochran Firm – Mississippi handling personal injury and criminal defense cases. She moved to Atlanta in 2017 to take a position in the City’s Section 1983 division.


October 14 - Section 1983

Trial Practice Tips

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

Neil Duke is an experienced commercial litigation and trial lawyer who handles a wide range of civil matters in complex commercial and labor and employment disputes. Mr. Duke handles a wide variety of labor and employment-related litigation and arbitration.

Mr. Duke's trial practice focuses on civil litigation with an emphasis on employment law, civil rights matters and defense of municipalities with respect to tort-based and constitutional claims.

Mr. Duke routinely provides counsel to employers on a variety of workplace issues affected by federal and state legislation. He represents employers in disputes involving FLSA wage/hour and compensation, Title VII, ADEA, ADA, OSHA, FMLA, as well as standard wrongful discharge and discrimination claims and employment contracts.

Active in numerous civic and professional organizations, Mr. Duke is former chair of the Baltimore City Board of School Commissioners. He is the author of several articles and is frequently called upon to speak at educational and professional seminars.

Steven Borkan is a seasoned trial lawyer with over twenty years of experience litigating cases in state and federal court as well as before the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Illinois Human Rights Commission, the Chicago Commission on Human Relations, the Cook County Commission on Human Rights, and the Illinois Workers Compensation Commission.

Since making a transition to the private sector in 1991, Steve has tried well over one hundred cases to verdict and has compiled an impressive record of not guilty verdicts on behalf of his defense clients.


October 17 - Section 1983

Navigating Discovery in Section 1983 Police Misconduct Cases

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

Erika P Reis is Senior Assistant Corporation Counsel for the City of Boston in the Litigation Division where she focuses on a range of civil matters both in federal, state and administrative courts. She primarily handles civil rights, employment, and M.G.L. c. 258 cases. Prior to joining the City of Boston’s Law Department, Ms. Reis served as Counsel for Eversource Energy, Deputy General Counsel at the Massachusetts Office of the Inspector General, and as an Assistant District Attorney in the Suffolk County District Attorney’s Office. Ms. Reis is Vice Chair of the Massachusetts Chapter of the Federal Bar Association. She is also an alumnus of the Boston Bar Association’s Public Interest Leadership Program and a Partnership Inc. Fellow. Ms. Reis is a graduate of Boston College and New England Law Boston.

Nicole M. O’Connor is a Senior Assistant Corporation Counsel with the City of Boston Law Department. Since joining Boston in 2012, Nicole has focused her practice on defending City of Boston employees, usually police officers, in Section1983 litigation. She appears most often in federal court in Massachusetts, but has practiced before state courts and administrative agencies as well. Prior to joining Boston, Nicole worked for another municipality in Massachusetts. Nicole received her BA from the College of the Holy Cross and her JD from Suffolk University in Boston.


October 23 - Preemption

Confederate Statues and State Preemption Statutes

*FREE LIVE FOR IMLA MEMBERS!  CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

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

Richard Schragger is the Perre Bowen Professor at the University of Virginia School of Law, where he has taught since 2002. He is also a Senior Academic Fellow at the Miller Center for Public Affairs. His scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about church and state. He is the author of City Power: Urban Governance in a Global Age (Oxford 2016), along with numerous articles and book chapters.  Schragger has been a visiting professor at a number of law schools including Georgetown, NYU, Columbia, and Chicago, and has presented his work at Harvard’s Center for Municipal Innovation, the Ash Center for Democratic Governance at the Kennedy School, the Urban Affairs Association Annual Meeting, and at numerous law schools. He received his JD, magna cum laude, from Harvard Law School, and clerked for Chief Judge Dolores Sloviter on the U.S. Court of Appeals for the Third Circuit.


October 24 - Telecommunications

Managing Small Cells in Your Right of Way

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

Albert Catalano has 30 years of experience in telecommunications regulatory and legislative matters, domestic and international joint ventures, litigation, and transactions involving communications, properties and investments. Mr. Catalano’s practice focuses on public safety, broadband and wireless communications and he frequently advises clients in matters related to FirstNet and the Nationwide Public Safety Broadband Network. He is experienced in spectrum relocation proceedings, FCC auctions, international and domestic satellite issues, equipment certifications, enforcement issues, technology transfer and licensing.

Prior to entering private practice, Mr. Catalano served as legal counsel with the Federal Communications Commission on wireless communications, information transfer, technology developments, licensing issues and international satellite matters. Mr. Catalano represented the Private Radio Bureau in enforcement proceedings before Administrative Law Judges. He participated in major rulemaking proceedings involving spectrum and regulations dealing with commercial, private and public safety operations. Mr. Catalano has worked with foreign partners and governments in the Netherlands, Russia, Italy, and other countries.

Wes Wright is a partner in the firm’s Washington, D.C. office. He focuses his practice on telecommunications compliance and enforcement matters.

Mr. Wright regularly counsels corporate clients on compliance matters before the FCC and state public utilities commissions. He counsels clients on compliance with rules related to telecommunications service provider regulations, state tariff requirements, private wireless licensing, 911 reliability and call handling, customer proprietary network information (CPNI), the 21st Century Communications and Video Accessibility Act (CVAA), and other related obligations. He is a recognized expert on the FCC’s wireless spectrum rules. He recently has given several compliance-related seminars on a host of topics, including: the FCC’s 911 Reliability Rules, 911 Wireless Location Accuracy, Spectrum Licensing and Enforcement, Communications Tower Compliance Obligations and the FCC’s New Citizens Broadband Radio Service.

Mr. Wright also represents trade associations and corporate clients on policy matters before the FCC. He has advocated policy positions before the FCC on the Telephone Consumer Protection Act (TCPA), Connect America Fund (CAF), municipal broadband preemption and many wireless spectrum rulemaking proceedings.

Mr. Wright also defends clients in FCC enforcement actions. He assists clients with all aspects of an FCC enforcement investigation. Mr. Wright has represented clients responding to an initial Letter of Inquiry (LOI) and guides them through the entire enforcement process. He has successfully convinced the FCC not to pursue enforcement actions for alleged rule violations and has negotiated settlements with the Commission that involve a reduced fine and no admission of wrongdoing.

Prior to rejoining Keller and Heckman in 2014, Mr. Wright worked as an in-house attorney for a telecommunications company where he advised the company’s subsidiaries on federal and state regulations governing the 9-1-1 industry, VoIP requirements, and other telecommunications compliance matters of interest.


October 29 - Law Enforcement

Police Interactions with the Mentally Ill

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

Melanie Speight defends the City of New York and members of the New York City Police Department in federal civil rights actions commenced pursuant to 42 U.S.C. §1983 alleging constitutional violations including false arrest, malicious prosecution, excessive force, and municipal liability. She has tried eighteen federal cases to verdict, including several high-profile matters

Assistant Chief Justin Newson is a 21-year veteran of the Austin Police Department. He was assigned as the Assistant Chief of the Centralized Patrol Bureau in August 2017. Prior to his promotion to Assistant Chief he served as the Commander over the Downtown Area Command. He served for five years as a Lieutenant in the Violent Crimes Command over units such as Homicide, Robbery, Child Abuse and the Crisis Intervention Team. Throughout his career he has held a variety of assignments in both patrol and investigations including in the Sex Crimes and the Internal Affairs Division.

Assistant Chief Newsom has also served on the department’s Special Response Team in all ranks since 1999. This tea is tasked with planning for and managing large crowds, marches, and protests. 

Assistant Chief Newsom grew up in the Austin area and served for six years in the U.S. Marine Corps prior to joining APD.


November 5 - Municipal Finance

Complying with the New Disclosure Mandates of SEC Rule 15c2-12

*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

J. Ben Watkins, III was appointed by the Governor and confirmed by the Cabinet as the Director of the Florida Division of Bond Finance in 1995. The Division administers bond programs for the Departments of Education, Transportation, Environmental Protection, Management Services as well as borrowings for the State University System, totaling 35 individual credits.

Director Watkins is well known and respected for his work in the municipal “muni” bond industry. He is an active member and has served in a variety of leadership roles on muni associations. He is a past vice chairman and board member of the Municipal Securities Rulemaking Board (MSRB), former chairman of the Committee on Government Debt for the Government Finance Officers Association, and currently serves as a member on the National Association of State Treasurers and National Association of Bond Lawyers.

He has been nationally recognized for his contributions to the muni industry by receiving the Jim Lebenthal Infrastructure Champion Award (2017), the National Federation of Municipal Analyst Industry Contribution Award (2009), and the National Association of Treasurers Tanya Gritz Award for Excellence in Public Finance (2001).

Additionally, Director Watkins serves as the chairman and past president of the Economic Club of Florida and board member on the Municipal Code Corporation Board, Florida State University Coastal and Marine Lab Advisory Board, Maclay School Board of Trustees, and Tall Timbers Research and Land Conservancy Board.

Prior to his role as Director, he practiced public finance law with Sutherland Asbill & Brennan in Atlanta, Georgia. He received his Juris Doctor from the University of Florida and his Bachelor of Science in Accounting from Auburn University.

John McNally’s practice includes both a securities practice and a public finance transactional practice.
John is a graduate of Georgetown University Law Center and the University of Pennsylvania (cum laude). Upon graduation, John became an attorney in the Municipal Securities Branch of the Division of Market Regulation, Securities and Exchange Commission, where he worked from 1976 through 1978.

He currently serves as disclosure counsel for numerous municipal issuers, including the cities of San Diego, San Francisco and Philadelphia. For each such client, Mr. McNally has prepared written disclosure controls and procedures and conducted associated securities law training seminars. John is a frequent speaker regarding the application of the federal securities laws to public finance.

Rebecca Olsen joined the Office of Municipal Securities in 2013 and previously served as Acting Director. She has also served as Deputy Director.

Prior to joining the SEC, Ms. Olsen worked as a public finance attorney at the law firm of Ballard Spahr, LLP where she served as underwriter’s counsel, bond counsel, lender’s counsel and borrower’s counsel on a wide variety of public debt offerings and private placements.

Ms. Olsen received her bachelor’s degree from Boston College, her law degree from the Georgetown University Law Center and her LLM in International Business Law from the Vrije Universiteit Amsterdam, the Netherlands.

David Hodapp is an Assistant General Counsel of the Municipal Securities Rulemaking Board, where he provides legal analysis regarding the rulemaking activities of the MSRB.

Before joining the MSRB, he practiced law at an international law firm, primarily serving as counsel to underwriters, investors, issuers and borrowers in public finance transactions. He advised clients on a variety of bond financing matters in competitive, negotiated and limited offerings.

He started his legal career in the general counsel’s office of a large regional bank, where, among other things, he worked closely with the bank’s compliance and risk functions to address certain novel regulations resulting from the Dodd-Frank Act.

Mr. Hodapp earned a bachelor’s degree from Dartmouth College and a law degree from The Ohio State University.

Robert Doty participated for more than 45 years in the corporate and municipal securities markets in both legal and financial roles. He worked in billions of dollars of successful transactions in approximately two dozen states. Through his firm, AGFS in Annapolis, Maryland, Mr. Doty continues to serve as litigation consultant to, and as municipal bond expert witness on municipal finance in consultation with, defense and plaintiff counsel to municipal securities issuers, underwriters, bond counsel, investors and other parties.

In addition to other market roles, Mr. Doty served as General Counsel to the Government Finance Officers Association, and as a member of the GFOA Disclosure Task Force from the mid-1970s to 1991. He has served on the Board of Governors of the National Federation of Municipal Analysts, the Board of the National Association of Independent Public Finance Advisors, and as a member of committees of the National Association of Bond Lawyers and the American Bar Association. He currently serves as Co-Chair of the Section on Economic Development/Finance and Securities of the International Municipal Lawyers Association. In his various roles, Mr. Doty has worked with several industry committees in the preparation of recognized and authoritative municipal securities disclosure and due diligence guidance for the municipal market. He also is the author of several books and more than 80 articles on municipal finance. Mr. Doty graduated from Harvard Law School.


November 6 - Telecommunications

FCC 5G Order on Small Cell Antennas in Streets and on City Lands

*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:

  1. All government approvals required for a small cell site in the streets must be granted within the applicable shot clock (60 days or 90 days).
  2. The 90 day shot clock applies to new small cells on new and entirely replaced structures in the rights of way. It also applies to colocations of larger antennas on any existing structure.
  3. There is an FCC-determined presumptive cap on the recovery of fees for small cell applications in the right of way, with the cap covering all fees (building permits, curb cut, etc.), not just zoning fees. Generally, there is a $500 safe harbor for an application to cover up to 5 sites and $100 for each additional site. The cap/safe harbor also apply to small cells on municipal property located outside the rights of way, not just to those in the rights of way.
  4. There is a new 60-day shot clock (90 days for new or entirely replaced poles) to act on applications to attach antennas to traffic lights, light poles or utility poles.
  5. Aesthetic requirements for many small cell sites are restricted, and undergrounding is generally sharply limited with some exceptions.

Speakers: John Pestle & Jonathan Kramer

John Pestle is the Chair of the Telecommunications Group at the Varnum law firm and is admitted to practice in Michigan and Arizona. For twenty three years he has represented municipalities and private property owners nationwide on cell tower leases. John is a graduate of Harvard College, Yale Graduate School, and the University of Michigan Law School. Among his many qualifications, John held an FCC license to work on radio, TV and ship radar transmitters and was Chair of the Municipal Lawyers Section of the Michigan Bar. He has received the "Member of the Year" award from the National Association of Telecommunications Officers and Advisors, and a "Special Award of Merit" from the Michigan Municipal League for his work representing municipalities on cable and telecommunications matters. For the Varnum web page on cell towers go to https://www.varnumlaw.com/services-industries-cell-towers and for John's cell tower blog go to www.varnumlaw.com/blogs/cell-phone-tower/  and scroll to “Publications”.

Jonathan Kramer is the principal attorney of Telecom Law Firm in Los Angeles. Since 1984 as a consultant, and 2006 as an attorney, he has advised more than 800 government agencies regarding wireless and broadband matters. Telecom Law Firm works for governments and private landlords around the country crafting reasonably fair wireless site leases. The firm has made a mark detecting and collecting rent-in-arrears for overoccupancy at lease sites, which is a frequent occurrence, and has resulted in 6 to 6-figure collections of back rent and interest, and increased rent going forward. Jonathan co-authored and edited the FCC’s publication for local government officials on radio frequency emissions safety, and at the request of the FCC he is presently revising and expanding it. Kramer holds a bunch of FCC licenses and telecom industry engineering certifications. Jonathan is admitted to practice in California and New Mexico and holds a LL.M degree in Information Technology and Telecommunications Law.


November 13 - Contracts

Introduction to Project Risk Management

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:  

  • What is risk management and why do I need it? 
  • What effective risk management looks like.
  • What happens at a risk workshop.
  • Understanding the outputs of a risk assessment.
  • Using risk to inform project contingency. 

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

Richard Citrine is a senior risk manager, who leads Arcadis’ New York City Risk Team. Richard is a certified Risk Management Professional and has led risk management across a wide range of projects and programs, ranging in cost from $1 million to several billion dollars both in his native UK and the USA. Richard has over 11 year experience in risk and personally facilitated over 400 risk workshops, having spent much of the past four years leading a team of risk analysts at the Port Authority of New York and New Jersey, which is responsible for airports, rail, bridges, tunnel and port facilities in the New York City region. He has also led risk workshops and developed risk management solutions for a wide range of public and private clients throughout the USA.

Eric Schatz is a Vice President and leads Arcadis’ contract solutions team in the East region, with a focus on avoiding, mitigating and resolving disputes. He has more than 17 years of experience within the construction industry working on transportation, municipal, industrial, educational, commercial and residential projects with construction values exceeding $1 billion. Years of analyzing and preparing claims have afforded him with insights of poor risk management, reactive decision making and the potential consequences on cost, schedule, productivity and quality. Eric applies these lessons learned as part of a proactive risk management process upfront in design and construction to help projects avoid disputes and better position them for success.


November 14 - Management

Managing Your Municipal Advisory Relationships

*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

Steve Apfelbacher brings over 35 years of Municipal Advisory experience to clients in Minnesota and Wisconsin. Steve’s greatest contribution to his clients, Ehlers, and the entire municipal finance industry include his extensive knowledge of the business, his creative problem solving skills, and his leadership which has helped Ehlers become a nationally ranked municipal advisory firm. Since 2014, Steve has also served on the Municipal Securities Rulemaking Board (MSRB) which writes the municipal bond market rules.

Lori Raineri is the President of Government Financial Strategies, a registered municipal advisor. Her professional certifications include MSRB Series 50 and 54 Qualifications, Certified Independent Professional Municipal Advisor and Certified Fraud Examiner.

In 2018, Lori was honored with the prestigious S. Kenneth Howard Lifetime Achievement Award by the Association for Budgeting and Financial Management, In making this award, the Association cited Lori’s use of best practices as established by academic research, contributions to academic research, innovation in aiding citizen participation in government, and leadership in improving public finance.

Lori currently serves on the Board of Directors of the California League of Bond Oversight Committees and has previously served on the boards of the National Association of Municipal Advisors and the Collaborative for High Performance Schools.

Lori has developed long-range capital financing plans for hundreds of public agencies and is well known for her ability in financial analysis and public speaking. Lori has been a speaker for several California statewide associations, notably the County Treasurer-Tax Collectors, the County Auditor-Controllers, County Assessors, School Business Officials, and the Cal CPA Foundation. The focus of such presentations has predominantly been the principles of debt financing, including numerous case studies that demonstrate the value of best practices and ethics.

As President of Government Financial Strategies, Lori has been responsible for over $14 billion of financing (more than 950 transactions). At the age of 26, Lori founded the firm in 1988 after having worked as an investment banker.

Lori is the author of dozens of articles and publications including peer reviewed academic journals. Lori received her B.A. in Philosophy from the University of California, Berkeley, and received her M.S. in Financial Analysis from the University of San Francisco. Lori demonstrated her interest in government early in life, serving as the student School Board Member for the Santa Clara Unified School District, and was thrilled to be inducted into the Santa Clara Unified School District Hall of Fame in 2011.

Gail Marshall is the Chief Compliance Officer of the Municipal Securities Rulemaking Board (MSRB), where she is responsible for the MSRB’s relationship with other regulatory authorities in connection with examination and enforcement support. She also oversees internal legal affairs and professional qualifications, and collaborates on regulatory policy, rulemaking and the development of related compliance resources. Gail previously served as the MSRB’s Associate General Counsel – Enforcement Coordination.

Prior to joining the MSRB, Gail served as of counsel at an international law firm from 2000-2015 where she advised broker-dealers and investment advisers on compliance and regulatory matters. Prior to 2000, she was an attorney with the Securities and Exchange Commission (SEC) where she served as special counsel to the late Commissioner Isaac C. Hunt, Jr. as well as special counsel in the Division of Trading and Markets and Division of Enforcement.

Gail received a bachelor’s degree from Westfield State University, juris doctor from New England School of Law, and a master of laws in Securities and Financial Regulation from Georgetown University Law Center.

Robert Doty participated for more than 45 years in the corporate and municipal securities markets in both legal and financial roles. He worked in billions of dollars of successful transactions in approximately two dozen states. Through his firm, AGFS in Annapolis, Maryland, Mr. Doty continues to serve as litigation consultant to, and as municipal bond expert witness on municipal finance in consultation with, defense and plaintiff counsel to municipal securities issuers, underwriters, bond counsel, investors and other parties.

In addition to other market roles, Mr. Doty served as General Counsel to the Government Finance Officers Association, and as a member of the GFOA Disclosure Task Force from the mid-1970s to 1991. He has served on the Board of Governors of the National Federation of Municipal Analysts, the Board of the National Association of Independent Public Finance Advisors, and as a member of committees of the National Association of Bond Lawyers and the American Bar Association. He currently serves as Co-Chair of the Section on Economic Development/Finance and Securities of the International Municipal Lawyers Association. In his various roles, Mr. Doty has worked with several industry committees in the preparation of recognized and authoritative municipal securities disclosure and due diligence guidance for the municipal market. He also is the author of several books and more than 80 articles on municipal finance. Mr. Doty graduated from Harvard Law School.

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