Mid-Year Seminar Papers

IMLA

2009 Mid-Year Seminar Papers

Making it Through The Meltdown - Survival Strategies for Municipal Lawyers

 ADVANCE REGISTRATION LIST - CLICK HERE
Please Note: Although this particular webpage follows the agenda roughly, it is not the official agenda. The official agenda is avilable at www.imla.org. This page is for paper-access purposes.

SUNDAY, APRIL 19, 2009

Personnel Section Workshop


The Effective Review of Employee Handbooks and Personnel Policies
Douglas Haney
City Attorney
Carmel, Indiana
CLICK HERE for PAPER

Recent Developments on Sexual Harassment
Daniel D. Crean
Legal Consultant - New Hampshire PRIMEX
Concord, New Hampshire
CLICK HERE for PAPER
 


Legislative Update: Issues for Local Government


Ready, Set, Go
Jacqueline Byers
Director of Research & Outreach
National Association of Counties
Washington, DC
CLICK HERE for PAPER

Beyond Economic Recovery: NLC's 2009 Legislative Priorities
Carolyn Coleman
Director, Federal Relations, National League of Cities
Washington, DC
CLICK HERE for PAPER

3% Federal Surtax on Contracts
Susan Gaffney
Director, Federal Liaison Center
Government Finance Officers Association
Washington, DC
CLICK HERE for PRESENTATION

State League Counsel and Municipal Attorneys Association Department Workshop


Federal Lobbying Laws and Applicability to State Leagues and Associations
Carolyn Coleman
Director, Federal Relations, National League of Cities
Washington, DC
&
Lars Etzkorn
Principal Legislative Counsel, National League of Cities
CLICK HERE for PRESENTATION

 

Telecommunication and Franchises Section Workshop


The Changing Interpretations and Application of Sec 253 of the Telecommunications Act
Kenneth A. Brunetti
Principal
Miller & Van Eaton, PLLC
San Francisco, CA
CLICK HERE for PRESENTATION

Increased Competition and the Changing Cable Environment
Steve R. Holmes
Vice President
Comcast Cable - West Division
Lynnwood, Washington

 

MONDAY, APRIL 19, 2009

Work Session I: Green Buildings and Green Building Standards


Green Roofs
Robert J. Phocas
Assistant City Attorney
Charlotte, NC
CLICK HERE for PAPER

Carrots, Sticks and Other Roughage of Green Building Laws
Anne Marie Vassallo
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
Rockville, Maryland
CLICK HERE for PAPER

Using Economic Instruments to Promote Sustainable Construction Practices: The Role of Incentives and Developers' Fees in Green Building Programs
Professor Carl J. Circo
University of Arkansas School of Law
Fayatteville, Arkansas
CLICK HERE for PAPER 

Work Session II: Looking Issues on the Litigation Horizon


Affirmative Litigation
Linda Singer
Zuckerman Spaeder, LLP
Washington, D.C.
CLICK HERE for PAPER

Some Federal Issues for Municipal Lawyers
Lois J. Schiffer
National Capital Planning Commission
Washington, DC
CLICK HERE for PAPER

Investment Losses Facing Municipalities: Do You Want That Money Back?
Mark J. Briol
Brio and Associates, PLLC
Minneapolis, MN
&
Scott A. Benson
Briol & Associates, PLLC
Minneapolis, MN
CLICK HERE for PAPER

Work Session III: Transportation in the 21st Century


The Minneapolis Bridge Collapse: Causes and Ways to Prevent Similar Disasters
Susan Segal
City Attorney
Minneapolis, MN

CLICK HERE for PRESENTATION (large file 3.44Mb)

I-35W Bridge Collapse: Use of Special Investigations to Examine Conduct and Promote Change
Thomas J. Johnson & Kathryn Bergstrom
Gray Plant Mooty Law Firm
Minneapolis, MN
CLICK HERE for PAPER

The Promise of Transit Oriented Development: Reality or Chimera
Steven R. Meyers
Principal and Founder
Meyers Nave
Oakland, CA
CLICK HERE for PAPER


Work Session IV: What's New in Telecommunications

Electric Transmission Line Infrastructure Build-Out and its Impact on Local Government
Michael Watza
Principal
Kitch Law Firm
Detroit, MI
CLICK HERE for PRESENTATION

Broadband Infrastructure Funding: New Opportunities for Local Governments
Matthew C. Ames
Miller & Van Eaton, PLLC
Washington, DC
CLICK HERE for PRESENTATION

Maintaining PEG Quality and Accessibility
Joseph Van Eaton
Director
Miller & Van Eaton, PLLC
Washington, DC
CLICK HERE for PRESENTATION (PowerPoint)

Work Session V:   Bankruptcy and the Local Government Lawyer

Dealing with Bankruptcy Issues at the Local Government Level: Collections, Police Power Enforcement, The Municipal Creditor, The Municipal Debtor
Honorable Paul Mannes
U.S. Bankruptcy Court
Southern Division
Greenbelt, MD
&
Karen Cordry
Bankruptcy Counsel
National Association of Attorneys General
Washington, DC
&
Peter Haskel
Assistant City Attorney
Dallas, TX

CLICK HERE for PAPER -  CORDRY 1

CLICK HERE for PAPER - CORDRY 2

CLICK HERE for PAPER - HASKEL

Work Session VI: Fighting Federal Acronyms 

USERRA: The Little Act that Could
Douglas C. Haney
City Attorney
Carmel, IN
CLICK HERE for PAPER

At the Intersection of Age and Disability: The Impact of the ADAAA for the Municipal Practitioner
Chris Pashler
Attorney and Adjunct Lecturer
Legal Research & Communication Program
DePaul University College of Law
Chicago, IL
CLICK HERE for PRESENTATION

COBRA Aspects of the ARRA Legislation
Thora A. Johnson
Venable, LLP
Baltimore, MD
CLICK HERE for PAPER

Work Session VII: Oyez, Oyez, Oyez: The U.S. Supreme Court 


Pending and Recent Rulings
Richard Ruda
State and Local Legal Center
Washington, DC

First Amendment: Pleasant Grove City v. Utah v. Summum
Mary Jean Dolan
Assistant Professor
John Marshall Law School
Chicago, IL
CLICK HERE for PAPER

The Supreme Court: The Personalities and Rivalries that Defined America
Jeffrey Rosen
Professor of Law
George Washington University Law School
Washington, DC

Work Session VIII: Keeping Current in Time of Change: Update on Hot Issues

Follow the Money: The Path to Stimulus and Recovery Funding
Steve Nesmith
Holland & Knight
Washington, DC
CLICK HERE for PRESENTATION

Current Issues in Takings Jurisprudence
Elizabeth Wydra
Chief Counsel
Counstitutional Accountability Center
Washington, DC
CLICK HERE for PAPER

State of the Border
Ron Colburn
Deputy Chief
Department of Homeland Security
Customs Border Patrol - U.S. Border Patrol
Washington, DC

TUESDAY, APRIL 21, 2009

Work Session IX: Ethics: Some Ethical Conundrums for Local Government Lawyers


Discussion on Rule 1.13, 1.6, 1.7, 1.8, 1.9 (which includes representing local government as an organizational client and applicability of privilege)
Gayle Marie Brown Driver
Assistant Bar Counsel
District of Columbia Office of Bar Counsel
CLICK HERE for PAPER

Work Session X:  Facing the FACTA


Fighting Fraud with the Red Flags Rule
Tiffany George
Attorney
Division of Privacy and Identity Protection
Federal Trade Commission
Washington, DC
CLICK HERE for PRESENTATION

The Red Flag Rule: An Identity Theft Risk Audit for Municipal Lawyers
Diane Pedicord
General Counsel
Oklahoma Municipal League
Oklahoma City, Oklahoma
CLICK HERE for PAPER - 1
CLICK HERE for PAPER - 2
CLICK HERE for PAPER - 3


Work Session XI: The Environment - Brownfields


Spinning Green from Brownfields and Contaminated Land: Solutions for Municipal Revitalization
Patricia Overmeyer
Designated Federal Official
US EPA
Washington, DC
&
Gary Suskauer
Director of Brownfields Initiative
Baltimore Development Corporation
Baltimore, MD
CLICK HERE for PRESENTATION - OVERMEYER
CLICK HERE for PRESENTATION - SUSKAUER (very large file - 20Mb) - opens in PowerPoint

CERCLA Liability Protections for Local Governments
Kenneth W. Patterson
Director of the Regional Support Division
Office of Site Remediation Enforcement
US EPA
Washington, DC
CLICK HERE for PAPER

 

Papers - Terms and Conditions

 

Welcome to the Online Paper Access Program for the 2009 Annual Conference in Miami, Florida. The papers are organized in chronological order, similar to the Official Conference Program. The Paper Access Program does not list all the events and programming at the Conference, it only lists the parts of programming that have papers. For the full details, please refer to IMLA's Official Program for the Conference.

 

ONLINE ACCESS TO CONFERENCE PAPERS WILL BE AVAILABLE THROUGH NOVEMBER 30, 2009.

Note: These files are in pdf or powerpoint.  Adobe Reader is available free from Adobe.

TERMS AND CONDITIONS

IMLA will grant you a nonexclusive, nontransferable, limited right to access, to display on your computer, download 09 Conference papers, and to use the website and services consistent with these Terms. These documents are for 2009 Conference attendee use only, and are not to be sold or used for private gain. Unauthorized attempts to upload or change information, to defeat or circumvent security measures, or to utilize this site for other than its intended purpose, are prohibited. Reproduction of the 09 Conference papers offered through this website may be made without limitation as to number, provided that such reproductions are not for private gain, and that appropriate attribution is given (contact IMLA for this). Some information contained on this website may be copyrighted by its owner(s), and permission to use such copyrighted materials must be obtained from the appropriate owner of the copyrighted material. Our permission to reproduce our publications does not apply to these materials. Unless otherwise indicated, you may not alter or modify any of the content that you print or download from our website. All other rights reserved.

By clicking on the link titled "ACCESS CONFERENCE PAPERS", you are indicating your agreement to be bound by these Terms and Conditions.

Thank you for supporting IMLA. Welcome to MIAMI!

CLICK HERE TO ACCESS CONFERENCE PAPERS

 

NAAG/SABA - Bankruptcy from a Government Perspective Seminar

The National Association of Attorneys General (NAAG) will be joining the States' Association of Bankruptcy Attorneys (SABA) to hold their annual seminar on Bankruptcy from a Government Perspective under the auspices of the National Attorneys General Training and Research Institute (NAGTRI). The program will be held at the Doubletree Hotel in Nashville, Tennesee from October 25 - 28, 2009.

As the turmoil of the last year has worked its way through the economy, there has been a flood of bankruptcy filings in every sector, ranging from the mortgage industry, to health care, to sporting endeavors, to the recent dramatic filings by two of the Big Three auto makers. In each of those areas, the States have many interests ranging from protecting consumers, to standing up for the interests of local businesses affected by the bankruptcy filings, to guarding the States’ own fiscal interests in collecting taxes, enforcing contracts, and remedying enviromental contamination at plants located in the States. What the year’s events have made clear is that the pace and size of bankruptcy filings have increased geometrically putting increased strain on the States’ ability to respond to them. As a result, the need to have counsel with bankruptcy training and experience in place in your offices has become ever more clear.

The discussion at this conference will be an invaluable opportunity for your staff and staff in your client agencies to learn about the Bankruptcy Code, the changes put in place in the statute in 2005, and the way those provisions are playing out in the new economy. The seminar runs for three and a half days and is designed to be helpful to everyone in your office, from the bankruptcy novice to the experienced practitioner. It is open to attorneys, paralegals, and other staff members in the offices of Attorneys General as well as those in other government agencies, such as revenue offices, and in private practice who work on government bankruptcy issues. It will provide an in-depth education for bankruptcy novices about the whole scope of the Bankruptcy Code as it applies to governmental entities. At the other end of the scale, it will allow your experienced counsel to engage with their peers in other States, as well as local and federal counsel, to determine how to confront the new challenges in protecting the interests of the States and your constituents. We urge you to distribute this invitation as widely as possible within your office and related agencies, as bankruptcy issues arise in every substantive area.

The seminar will begin Sunday afternoon with an optional session providing a quick overview of bankruptcy topics as a base for the more detailed discussions during the remainder of the conference. There will also be a session on e-discovery issues to assist State counsel with sorting out the vast amount of financial information that can be reviewed during the case. Over the next three days, we will work through the bankruptcy process from the initial filing through plan confirmation and thereafter. We will have a number of breakouts: some will split into beginning and advanced reviews of a topic, while others will focus separately on the interests of taxing agencies and regulatory offices. The advanced group will have an in-depth review of the use of sales as an alternative to the traditional plan process as well as discussion of scenarios inwhich the government becomes the controlling party in a bankruptcy case.

We will have a distinguished panel of presenters for the seminar, including bankruptcy judges, trustees, private attorneys, and experienced bankruptcy counsel from state, local, and federal agencies. Each has been selected based on his or her experience and expertise with respect to the unique issues faced by governmental counsel in bankruptcy court. A tentative agenda is attached hereto with generalized descriptions that be updated and expanded.

 

Canadian Institute

A Special Offer for IMLA’s Canadian Members

The Canadian Institute's 18th Annual Provincial/ Municipal Government Liability Conference 

This event, which will take place on February 23-24, 2012 at the Marriott Bloor Yorkville in Toronto , is designed to help you address potential problems not only at the litigation stage but before the claim arises.   

IMLA is once again a Supporting Association for this event, and we're pleased to advise that IMLA members are entitled to a 10% discount off the cost of the registration to attend this event. This event is designed to help you address potential problems not only at the litigation stage but before the claim arises.

The 2012 topic lineup includes: Road/sidewalk liability, managing disasters and emergencies, municipal bylaw enforcement, new case law from the Supreme Court of Canada on Charter damages, new and emerging risks of procurement, class actions against municipalities, and more!

To view a PDF of the full agenda and speaker list, see the unique URL www.CanadianInstitute.com/GovtLiability/IMLA1  To take advantage of this offer, when registering please mention the discount and quote priority service code: 336BX03.  To register, visit www.canadianinstitute.com/GovLiabilityIMLA  or call 1-877-927-7936.


 

 

2008 Canadian Stand Alone Program - May 15, 2008

IMLA In Canada!

Trends and Foes: Managing Change and Risk in Municipal Law

UPDATE: APRIL 24th --- THIS EVENT IS NOW SOLD OUT. PAPER SALES WILL BE AVAILABLE AFTER THE EVENT.

WHEN: Thursday, May 15, 2008  

WHERE: The Holiday Inn on King, 370 King St. West, Toronto, ON

(NEW! - APRIL 2, 2008) - Program - Now Available!

(NEW! - APRIL 2, 2008) - This program has now been accredited by the Law Society of Upper Canada towards the professional development requirement for certification in the specialty area of municipal law (intermediate level) for SIX hours of credit.

PROGRAM HIGHLIGHTS

Program Co-Chair – John Mascarin (Aird & Berlis, LLP)

Program Co-Chair – Anna Kinastowski (City Solicitor, City of Toronto)

Litigation and Liability

Avoiding the Pitfalls– Regulating Outdoor Advertising and the Charter of Rights and Freedoms – Chris WILLIAMS (Aird & Berlis, LLP)

Minimizing Liability Challenges – Spills, Contamination, and Odours – Marc McAREE (Willms & Shier, LLP)

Regulatory Negligence: Negligence with or Without a Difference?–Daron L. EARTHY (Loopstra Nixon, LLP)

Planning and Land Use

Acquisition of Lands and Expropriation Update – Kelly YERXA (O’Connor Macleod Hanna LLP)

National Trends in Planning and Zoning: An Overview – Bill BUHOLZER (Lidstone Young Anderson)

The Environment

Greening the Municipal Code - A Potpourri of Environmental Issues – Graham REMPE (City of Toronto)

Municipal Regulation of Vehicle Idling – Steve PHIPPS (City of Edmonton)

Navigating Municipal Issues

Ministry/Municipality Memoranda of Understanding (MOUs) Respecting Mutual Cooperation: The Current Canadian Experience – Leo LONGO (Aird & Berlis)

Municipalities and The Duty to Accommodate – Heather CRISP (City of Toronto)

In addition, there will be a Cocktail Reception hosted by the law firm of Aird & Berlis, LLP after the presentations for all speakers and attendees. We are coordinating the Seminar to enable attendees to attend the May 16 meeting, in Toronto, of the Municipal Law Departments Association of Ontario meeting. The MLDAO Web site is at http://www.mldao.ca/

COST (All Rates in USA Dollars)

$300 (members); $600 (nonmembers) March 22 to March 31, 2008

$325 (members); $650 (nonmembers) April 1 to April 30, 2008

$350 (members); $700 (nonmembers) May 1 onwards.(All amounts shown are in US$).

HOTEL The event hotel is located in the heart of downtown Toronto’s entertainment district. The Holiday Inn on King is offering attendees a discounted rate of $159 plus tax/night (single or double) for anyone wishing to stay overnight. For information on hotel room availability and reservations, please contact the Holiday Inn on King at (416) 599-4000, or toll-free at 1-800-263-6364. When making your reservation, please refer to "IMLA8" to get the IMLA rate.

IMLA Thanks Our Event Sponsors, Aird & Berlis LLP and O'Connor Macleod Hanna, LLP! 
 

Aird & Berlis LLP

Aird & Berlis LLP is a prominent law firm in Toronto. The members of the well-recognized Municipal and Land Use Planning Group devote their practice exclusively to matters relating to municipal law, land use planning and development law, acting on behalf of numerous municipalities and local government entities as well as private sector clients. The lawyers in the Municipal and Land Use Planning Group appear regularly before all levels of the Ontario Courts and various tribunals on land use matters including, most predominantly, the Ontario Municipal Board.  The Municipal and Land Use Planning Group lawyers are acknowledged experts in their fields, having written the leading texts on the Municipal Act, 2001, the Planning Act, the Building Code Act, 1992 and, most recently, on the City of Toronto Act, 2006. The firm website is www.airdberlis.com.

 

O'Connor MacLeod Hanna LLP

The Municipal Law Group of O’Connor MacLeod Hanna LLP has many years of experience representing public sector clients on a full range of municipal, planning and environmental law issues, including: subdivision and condominium processing and e-registration; drafting of by-laws and policies, and by-law enforcement; land use planning and development; representation before the Ontario Municipal Board, other tribunals, and the courts; building and fire code issues; municipal liability; real estate transactions; environmental standards and approvals; expropriation; procurement; municipal tax sales, and more. The firm website is www.omh.ca

For additional information or if you have questions, please e-mail or call IMLA at This email address is being protected from spambots. You need JavaScript enabled to view it.  or phone (202) 466 5424.

All rates in US dollars.

 

 

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