2018 Distance Learning

 

2018 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 addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Interested in ALL of the webinars? Register for the Kitchen Sink Subscription!! The entire office can recieve 40+ webinars at a cost of just $599. CLICK HERE to learn more.


Upcoming Webinars

 July 18 - Partisanship and Redistricting: What the Supreme Court Has to Say

1 PM Eastern This Webinar is not hosted by IMLA
**Hosted by the National Conference of State Legislatures** NO CLE OFFERED

When it comes to redistricting, how much partisanship is too much? Or is there a “too much?” The Supreme Court didn’t answer these questions this term. Regardless, the lower courts and the Supreme Court will continue to deal with partisan gerrymandering cases going forward. Learn what the arguments were, what the outcomes were, and what may be next for partisan gerrymandering. Misha Tseytlin, Wisconsin Solicitor General, who argued Gill v. Whitford in support of the Wisconsin legislators defending the plan, will discuss the Supreme Court’s opinion in that case. Michael Kimberly, partner at Mayer Brown and co-director of the Yale Law School Supreme Court Clinic, who argued Benisek v. Lamone in support of the challengers to Maryland’s redistricting plan, will discuss the Supreme Court’s opinion in that case. Paul Diller, professor at Willamette University College of Law, who co-wrote an amicus brief on behalf of a number of national local government associations and law professors supporting the challengers in Gill v. Whitford, will provide additional thoughts on the significance and implications of these cases.

Join the webinar here (type your name in the GUEST field and click ENTER)


 July 19 - Police

SLLC Presents: SCOTUS Police Cases

*Free Webinar* CLE for Kitchen Sink subscribers only.

While Carpenter v. United States, involving warrantless searches of cell site location data stole the show, the Supreme Court decided numerous police cases this term involving Fourth Amendment searches, qualified immunity, and other topics. Join Stuart Raphael, of Hunton Andrews Kurth LLP, who wrote the State and Local Legal Center amicus brief in City of Hays v. Vogt, involving the use of compelled, self-incriminating statements at probable cause hearings, Timothy Coates, Greines, Martin, Stein & Richland LLP, and Michael Connolly, Consovoy McCarthy Park, in a discussion of the police cases from this Supreme Court term.

Speakers: Stuart Raphael, Timothy Coates, Michael Connolly & Lisa Soronen

Click here to view the speaker's bios.

EVENT IS NOW FULL. REGISTRATION IS CLOSED.


July 24 - Marijuana Law

Policy Updates 

The passage of California’s Proposition 64 was just the beginning.  Since its passage, lawmakers on the state and local levels have scrambled to enact legislation to regulate what has been hailed as the next great cash crop with the potential to change the state’s economy.  The presentation will provide an overview of the federal and state conflicts, an overview of state regulatory regulations, and an in-depth discussion of different flavors of regulation on a local level, and challenges to respective local regulation.

Speaker: Victor Pronto & Amanda Charne

Click here to view the speaker's bios.

Click here to register.


 July 24 - Supreme Court Review

1 PM Eastern This Webinar is not hosted by IMLA
**Hosted by the National Association of Counties** NO CLE OFFERED

Between the internet sales tax case, partisan gerrymandering, the union dues case, the travel ban, and a number of First Amendment cases, this Supreme Court term will have implications for states and local governments for decades to come. Join Eric Citron, Goldstein & Russell, who briefed the internet sales tax case, Shay Dvoretzky, who argued a First Amendment retaliatory arrest case, and Lydia Wheeler, a legal and regulatory affairs reporter for The Hill, in a discussion of the most important cases of the term for states and local governments.

Click here to register.


August 2 - Personnel

DOL Wage and Hour Update

This program will cover the pilot Payroll Audit Independent Determination (PAID) program, current guidance on Joint Employers,  proposed overtime pay rules and relevant Opinion Letters.

Speakers: Paul Sweeney, Joe Steflik, Jr. & Robin Cross

Click here to view the speaker's bios.

Click here to register.


August 14 - First Amendment

First Amendment Limitation on a Government's Ability to Regulate Demonstrations

This presentation provides practitioners with a better understanding of a government’s ability to regulate demonstrations within the limitations imposed by the First Amendment.

Speaker: Tom Carr

Click here to register.


 August 21 - Intellectual Property

IP Issues for Local Governments

This webinar will provide: (i) an overview of copyrights, trademarks, rights of publicity and privacy and defamation, and how these areas relate to municipalities; (ii) methods for protecting a city’s intellectual property through copyright and trademark law and related concepts; and (iii) special considerations associated with online activities and social media.

Speaker: Robert A. Monath


 August 23 - Health & Environment; Public Works; Land Use

Resiliency Planning

*FREE FOR IMLA MEMBERS! Only Kitchen Sink Subscribers can obtain CLE credit.

This presentation will discuss how different cities are thinking about future trends in zoning and planning, disaster recovery issues, and creating resilient infrastructure.

Speaker: Mary Beth Coburn

Click here to view the speaker's bios.

Click here to register.


August 28 - Code Enforcement

Best Practices in Civil Code Enforcement

This presentation will focus on offering some practical tips and insight for city attorneys in handling civil lawsuits against code enforcement violators.

Speakers: Savita Rai, Shannon O'Connor & Janet Spugnardi

Click here to register.


August 30 - Police

Officer-Involved Shootings

Presentation will cover the use of experts in light of San Francisco County v. Sheehan, White v. Pauly, Plumhoff v. Rickard, and Mullenix v. Luna.

Speaker: Jack Ryan

Click here to register.


September 5- Telecommunications
Cell Tower Leasing for Cities
**90 Minutes**

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.

Click here to register.


September 6 - Personnel
Disaster Planning

This presentation will discuss personnel and HR aspects of disaster planning.

Speakers: Marc Zafferano & Robin Cross

Click here to register.


 September 13 - Telecommunications

New FCC Small Cell Zoning Rules
**90 Minutes**
*Date subject to change depending on new FCC rule issuance on small cells in the rights of way and zoning*

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.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.

Click here to register.


September 20 - Health and Environment

When the Sheriff Arrives: Effective Municipal Defense of Private “Citizen Suits” under Federal Environmental Statutes (Clean Water and Clear Air Actions)

*FREE FOR IMLA MEMBERS!Only Kitchen Sink Subscribers can obtain CLE credit.

The changing regulatory, enforcement and permitting standards surrounding the EPA and “Delegated States” implementation of the Clean Water and Clean Air Acts [“Acts”] have repercussions for municipal practitioners. If regulatory parameters and enforcement are curtailed through administrative policy or decision making, the result may be a plethora of new or revival of existing private “citizen” suits allowed under these Acts. This program will introduce municipal practitioners to the private enforcement provisions of these acts and the subject matter jurisdiction courts have to maintain suits. The procedures, requirements and essential elements for successful and sustainable citizen suits will be discussed. The procedural requirements of the Acts and “traps for the unwary” will be outlined. Essential affirmative defenses, litigation strategies and case assessment will be taught using real suits.
Program takeaways:
1. Participants will understand the subject matter jurisdiction of the courts and administrative agencies under the citizen suit provisions of the Acts.
2. Participants will understand procedural and substantive prerequisites for citizen suits, and how to use Plaintiff missteps in compliance with the Acts detailed requirements to sustain dispositive motion practice.
3. Participants will learn the most effective defenses to proffer in response to a citizen suit.
4. Participants will learn how to develop case valuation and assessment in response to these complex actions.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.

Click here to register.


September 26 - Personnel

Public Pensions

Speaker will provide updates on pension reform efforts around the country with particular emphasis on “hot spots” Illinois and Kentucky.

Speaker: Steve Goodin

Click here to register.


September 27 - Land Use
Land Use 101

Description forthcoming.

Speaker: Susan Trevarthen

Click here to register.


October 4 - Personnel
Workplace Investigations

Description forthcoming.

Speakers: Daphne Anneet & Robin Cross

Click here to register.


 November 1 - Personnel

Mediation

Description forthcoming.

Speakers: Carla Cotropia & Robin Cross


November 7 - Land Use
Form-Based Codes

Unlike traditional zoning, a form-based code is a land development regulation that provides a means of achieving a specific urban form. It utilizes physical form as an organizing principal and focuses on an integration of uses rather than a separation of uses.  This presentation will provide an overview of form-based codes and will discuss both their pros and cons. Under which circumstances would a community use a form-based code? Attend this presentation to learn more.

Speakers: Bill Spikowski, Joe Kohl & Susan Trevarthen


December 4 - Land Use

Exactions

Speaker will provide the economic theory of exactions (differentiating between mitigating negative externalities such as road widening and rewarding positive externalities such as property tax abatement as a form of "reverse" exactions), introduce the concepts of “planning harm” (a new term but one which leads to exactions as a way to reduce/prevent harm from planning decisions) and “planning gain” (such as when new development uses its value added to pay for infrastructure and when a new development agrees to share profits with local government). But most of the conversation will address mitigation-driven exactions:

Classes/Types of exactions
Monetary including fees or in-kind
Design
Environmental
Social
Cultural/historical

Exaction Processes/Procedures
Differentiating between mandatory and proffer contexts
Negotiation
Performance based

Speakers: Dan Mandelker & Aurthur C. Nelson


 December 6 - Personnel

Smoke Gets in Your Eyes: Drug Testing Limitations and Issues

One of the unique aspects of representing a municipality is the application of the Fourth Amendment to virtually all of the municipality’s actions. This webinar will explore how the Fourth Amendment limits municipal pre-employment/post-offer, random, and post-accident drug testing.

The presenters will cover drug testing in the DOT and non-DOT contexts and will provide relevant case law and useful practice tips to help you create or evaluate a drug testing policy that can withstand constitutional challenge. They will also discuss current testing issues with emphasis on marijuana testing methods and reliability.

Speaker: Robin Cross & Lindsay Rose


December 12 - Land Use

Sex, Sex, and More Sex

Local governments can single-out adult entertainment businesses for special regulatory treatment so long as the regulations allow such businesses to open and operate and are not motivated by a distaste for the content of the entertainment presented in such businesses. This webinar will discuss what cities should do to ensure that the zoning or licensing regulations they apply to adult entertainment businesses will be upheld if challenged.

Speaker: Alan C. Weinstein


 December 13 - Litigation

Evidentiary Issues

This presentation will address written discovery with an eye towards summary judgment and other practical practice tips.

Topics covered:
• Definitions/Categories of Liability
• Motion to Dismiss
• Written Discovery
• Misc. Practice tips

Speaker: Patricia Donkor


December 18 - Technology

Drone Update

As the debate about drones continues to evolve, one fact remains — local government attorneys are on the front line where precedent-setting action will take place. Municipal attorneys are on their own in a pioneering environment where they have to publicly debate, draft, and defend new ordinances governing the public and private uses of drones; manage local residents' concerns about public safety and privacy, and still allow for innovative uses of technology. Old ways of making laws may not address these new, digitally connected devices.

This presentation will analyze case studies, demonstrate technology, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the new drone-related era of municipal law both in regulating the use of drones and in the government's own use of drones. It will also provide an update on the status of the FAA law and regulations as they pertain to drones and discuss preemption issues that local governments need to be aware of with regard to drones. The presentation will also provide practical tips and a discussion of how to draft an effective and enduring drone ordinance.

Speaker: Gregory McNeal

Click here to view the speakers bio.


Past Webinars

NGL series

January 16- Ethics; POSTPONED TO FEBRUARY 27th. New Government Lawyer Series

**FREE FOR IMLA MEMBERS!

This presentation will provide an overview of the important ethical issues routinely faced by local government attorneys. Particular emphasis will be placed on ABA Model Rule 1.6 and 1.7 (client confidentiality and conflicts of interest respectively). In addition to an overview of each rule, the presenter will also walk participants through several hypothetical scenarios to demonstrate how each rule is applied in practice.

Speaker: Chuck Thompson

Click here to view the speaker's bio.


January 22- Personnel- TBD
Sexual Harassment: How #Metoo should be #NotHere-

Municipalities need to move from ticking the box (completing the obligation to address sexual harassment in the workplace) to changing the culture. How does that work?   This seminar provides a template for sexual harassment training, from claim prevention and avoidance, to addressing retaliation, along with substantive and practical guidance in helping employer, supervisors and employees in recognizing and distinguishing acceptable and unacceptable workplace conduct.

Speaker:  Roberta "Robin" Cross & Daniel Crean

Click here to view the speaker's bios.


January 24- Telecommunications- POSTPONED TO MARCH 12
New FCC Small Cell Zoning Rules
**90 Minutes**
**Date subject to change depending on new FCC rule issuance on small cells in the rights of way and zoning**

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.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


January 30- Land Planning
Planned Communities

The panelists will present an overview of the modern best practices in zoning and development regulations for planned communities. Topics will range from traditional planned unit development regulations to form-based codes. The panelists will discuss how districts are established, approval processes, and standards that balance the flexibility and certainty needed to build out planned communities.

Speakers: Mark White, Evan Seeman & Dan Mandelker

Click here to view the speaker's bios.


February 1—Personnel 

Mental Health Assessments of Police Officers

**90 Minutes**

This presentation, including both attorney and health care practitioner insights, will provide helpful strategies and best practices for conducting mental health assessments of police officers while complying with the ADA.

Speakers: Jonathan Mook, Roberta "Robin" Cross, Bettye Lynn & Dr. Anthony Stone

Click here to view the speaker's bios.


Feb 8- Health and Environment
Net Blue Presentation: Water Neutral Community Growth

**FREE FOR IMLA MEMBERS!  Only Kitchen Sink Subscribers can obtain CLE credit.

Net Blue is a collaborative initiative of the Alliance for Water Efficiency, the Environmental Law Institute, and River Network to support sustainable community growth. The project team members developed a model ordinance that communities can tailor and customize to create a water demand offset approach meeting local needs. The project team consulted with communities in different regions throughout the United States to help develop the model ordinance and the offset components, and to ensure that the program would be adaptable to many different political climates, legal frameworks, and environmental challenges.

This ordinance and the accompanying offset calculator can help manage scarce water resources and provide sustainability. Users will want to start with this interactive link to the ordinance which allows them to put in specific details about their community. A general fact sheet and FAQ can be found here as well as a recording of a webinar by the Alliance for Water Efficiency that walks through the background and available tools.

Speakers: Mary Ann Dickinson, Bill Christiansen & Adam Schempp

Click here to view the speaker's bios.


NGL series

Feb 20- Public Works/ New Government Lawyer Series 
Public Contracts and Bidding – Avoiding Delays and Mitigating Liability

This presentation will address the following areas:

a. Requests for Bids
b. Requests for Proposals
c. Requests for Qualifications
d. Requests for Information

e. Bidding in construction contracts and alternate construction delivery methods.

Speaker: Majeed Makhlouf

Click here to view the speaker's bio.


February 22- Arbitration
What to Expect in Arbitration

What are the biggest differences between an arbitrator and a judge? What are the advantages and disadvantages to choosing arbitration? Presenter James Stokes will cover this and more, providing expert insight and practical tips from his years of experience as an arbitrator, city attorney, special magistrate, and former law enforcement officer.

Speaker: James Stokes

Click here to view the speaker's bio


NGL series

February 27- Ethics; New Government Lawyer Series

**FREE FOR IMLA MEMBERS!

This presentation will provide an overview of the important ethical issues routinely faced by local government attorneys. Particular emphasis will be placed on ABA Model Rule 1.6 and 1.7 (client confidentiality and conflicts of interest respectively). In addition to an overview of each rule, the presenter will also walk participants through several hypothetical scenarios to demonstrate how each rule is applied in practice.

Speaker: Chuck Thompson

Click here to view the speaker's bio.


March 8 - Land Use

Sober Living Facilities

**FREE FOR IMLA MEMBERS! Only Kitchen Sink Subscribers can obtain CLE credit.

There has been a great deal of litigation concerning the effect of federal fair-housing and disability laws on the ability of local governments to exercise control over business-run group-living arrangements, particularly for persons with disabilities. In this context, Congress has extended “disability” to include recovering from drug or alcohol addiction.

These federal protections for the disabled forbid discriminatory housing practices involving recovering addicts. Recovering addicts are often more successful if they can transition back into the broader community by living for a time with other people in recovery in a “typical” residential environment. Predictably, this sometimes leads to conflict with more permanent members of the community.

So what do you do when you have complaining neighbors, concerned public-safety officers, and outraged city council members?

This presentation will discuss the legal characteristics of sober-living homes and their relationship with federal disability and fair-housing law. In particular, it will cover how the FHAA is used by owners of sober-living homes to operate their facilities and how local governments can balance the interests of the operators, occupants, and neighbors.

Speaker: Todd Leishman & Jeff Ballinger

Click here to view the speaker's bios.


March 14 - Public Works

Drafting Effective Qualifications Based Selection Procurement Documents (RFPs & RFQs)

**90 Minutes**

This program will introduce practitioners to the use of Qualification Based Selection [QBS] documents for public infrastructure projects. State and local governments, due to legislative advancements and the increasing need for alternative financing for public work projects are being exposed to alternative project delivery models such as design-build, construction manager at risk, integrated project delivery and P3s. This program will draw distinctions and embrace commonalities between traditional, low-bid procurement documents and those used in QBS. Using model documents and essential items checklists, participants will learn how to structure procurement documents that will permit contractors to adequately price the project, ensure critical balance of risk and cost between the owner and the contactor, provide comprehensive evaluation criteria and processes that reduce likelihood of bid protests and draft adequate performance, commissioning and warranty provisions. 
Program takeaways:
1. Participants will understand the distinctive components contained in QBS documents that vary from traditional low-bid procurement.
2. Participants will learn the structural components, including necessary document provisions and appendices needed in varying types of QBS public work procurements.
3. Participants will understand the difference between use of minimum qualification criteria [lowest responsible bidder] and effective use of comparative evaluation criteria to reach the “most advantageous proposal”.
4. Participants will learn how to structure the procurement, evaluation and award process in QBS procurements.

Speakers: Steven "Tip" Torres

Click here to view the speaker's bio.


March 21 - Personnel
Marijuana: State Legalization and Federal Pre-emption/On which side is the Grass Greener?

Medical marijuana is currently legal in 29 states and recreational marijuana is currently legal in 8 states. This webinar will discuss the state legalization of marijuana and its effect on workers’ compensation law. Possible repercussions and impediments to following the state law in light of the federal law will be discussed.

Speaker: Wendy Karpel

Click here to view the Speaker's bio.


May 8 - Telecommunications

Selling a City’s Cell Tower Leases and Future Leasing Rights

**90 Minutes**

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer

Click here to view the speaker's bios.


 

NGL series

May 16—Land Use; New Government Lawyer Series 
Best Practices in Land Use Ordinance Drafting

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 in the drafting process.

Speakers: Kimberly Mickelson & Susan Trevarthen

Click here to view the speaker's bios.


May 22 - Ethics; Technology

“I Never Metadata I didn’t like”

Do you know what metadata is? Are you aware of the potential ethics pitfalls that exist when sending and receiving metadata? Join us for a discussion of ethics issues related to the sending and receiving metadata that is specifically tailored to the needs and concerns of local government attorneys. Presenter will address attorney duties under ABA model rules 1.1 and 1.6 (competence and confidentiality, respectively), as well as a variety of state bar legal ethics opinions such as Tex. Legal Ethics Opinion 665 regarding an attorney’s duty to prevent the inadvertent transmission of metadata containing a client’s confidential information.

Speaker: Peter Haskel

Click here to view the speaker's bio.


 

June 5 -  Land Use

Takings Update

This course will provide an overview of takings law before delving into more recent case law updates including an analysis of the continuing impact of Murr v. Wisconsin.

Speakers: John Echeverria & John Peloso

Click here to register.

Click here to view the Speaker's bios.


 June 7 -  Technology

Social Media Policies

This presentation will address the prevalent use of social media, how it can be used as a valuable tool by cities, the role it plays in social and civic engagement, examples of where a policy would have been helpful, ethical and legal issues for consideration in adopting a social media policy, and best practices for doing so.

**This webinar is not approved as an ethics CLE**

Speakers: Kara Ueda

Click here to register.

Click here to view the Speakers bio.


 

June 19 - Public Works

Essential Components of Private Operating Contract for Public Water & Wastewater Utilities

**90 Minutes**

Municipalities are increasingly turning to private operation of various public water and wastewater utilities. For many other municipalities that have had these con-ops arrangements in place, renewal terms and options are quickly approaching. The cornerstone of these public private partnership arrangements is the operating agreement that exists between the vendor and the public owner. This program will explore the essential components of those operating agreements from a public owner’s standpoint. Program participants will be introduced to both the form and function of the main contractual components for these agreements, including pricing, risk assignment, performance standards, responsibility and cost for environmental and regulatory compliance; full and partial risk asset management; insurance and security, dispute resolution and capital and program expansion. Utilizing draft language and “lessons learned” case studies, participants will understand the how and the why of various cost and risk assignment provisions, and how to protect the public owner while ensuring a scalable business arrangement for private operators.
Program Takeaways:
1. Participants will understand the checklist of “essential components” necessary for any type of operating agreement for a public utility.
2. Participants will understand how to tie performance standards to risk assignment in operating agreements for regulated utilities.
3. Participants will understand various types of enhanced surety including performance bonds, letters of credit and guaranty agreements necessary to guard against contractor insolvency or intransigence.
4. Participants will learn how to structure certain operating agreements for system growth or enhancement, based on increased usage or heightened regulatory requirements.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speakers' bios.


 

July 10 - Land Use

Zoning For Solar Energy

Attendees will learn how to integrate solar energy into planning, zoning, and historic preservation processes from a law professor who specializes in these issues. The program will highlight Hartford, Connecticut, an inaugural DOE SolSmart Gold community, which has dramatically reduced barriers to solar and serves as a model for other cities.

Speakers: Sara Bronin & Dan Mandelker

Click here to view the speaker's bios.

Click here to register.


July 12 - Personnel

Employee vs. Independent Contractor

This portion of the webinar focuses on issues relating to classification of individuals as employees and independent contractors.  Both the US Department of Labor and the IRS (and some state lab or departments) have an interest in how employees are treated. Although the US DofL has withdrawn its administrative interpretation of several years ago, the consequences of misclassification continue to be significant. The webinar will seek to provide guidance on this important topic.

Speakers: Robin Cross & Dan Crean

Click here to view the speaker's bios.

Click here to register.