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 $499 (ends 12/31/17). Click here to learn more.

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January 16- Ethics; New Government Lawyer Series

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

January 22- Personnel
2017 Year in Review

What happened last year in employment law? Attend this CLE to review the latest developments in employment law. This includes all types of discrimination cases, First Amendment rights of public employees as well as sexual harassment and a regulatory update. In addition, it will also cover cases from the U.S. Supreme Court, as well as the various circuits and district courts.

Speaker: William Mann & Roberta "Robin" Cross

January 24- 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

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, Dwight Merriam & Dan Mandelker

February 1—Personnel
Mental Health Assessments of Police Officers

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 & TBD

February 6- Land Planning
2017 Year in Review

While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2018.

Speakers: Dwight Merriam, Dan Mandelker & TBD

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: Gayle Killam, Mary Ann Dickinson, Bill Christiansen & Adam Schempp

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

Speaker: Majeed Makhlouf

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

March 8- Land Use
Sober Living Facilities

There has been a great deal of litigation concerning the Fair Housing Act’s effect on the ability of local governments to exercise control over group living arrangements, particularly for persons with disabilities. Within this context, “disability” has been interpreted as including individuals recovering from drug and/or alcohol addiction. Consequently, discriminatory housing practices involving recovering addicts is forbidden. “Sober living homes” function under the belief that housing addicts in an environment that fosters recovery, such as low-crime, single family neighborhoods, is essential to the success of any addict’s treatment. Predictably, this leads to conflict among community members.

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 the FHA. In particular, it will cover how the FHA can be used by owners of sober living homes to lawfully operate a facility, neighbors and concerned residents to control the growth of sober living homes, and local governments to balance the interests of both interests.

Speaker: Todd Leishman & Jeff Ballinger

March 14- Public Works
Drafting Effective Qualifications Based Selection Procurement Documents (RFPs & RFQs)

Speakers: Steven "Tip" Torres & Jillian Jagling

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

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

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.

Speaker: Peter Haskel

May 24- 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

June 12- Health & Environment; Public Works; Land Use
Resiliency Planning

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

June 19- Public Works
Essential Components of Private Operating Contract for Public Water & Wastewater Utilities

Speakers: Steven "Tip" Torres & Jillian Jagling

June 26- Marijuana Policy Updates

Speakers: Victor Pronto & Jeffrey Dunn


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

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.

Speakers: Steven "Tip" Torres & JIllian Jagling









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