1 Oregon City Attorneys Association Annual Continuing Legal Education Program May 15 16, 2015 Local Improvement Districts SPEAKER BIOS Shannon Johnson, City of Keizer Mr. Johnson s practice emphasizes real estate, land use, and municipal law. He is current President of the OCAA Executive Committee, and former member of the League of Oregon Cities, Legal Advocacy Committee as well as Past President of the Real Estate and Land Use Section Executive Committee. Mr. Johnson formerly served as city attorney for the City of Sherwood and as special city attorney for the City of St. Paul. Michael E. Kohlhoff, City of Wilsonville Mike is into his 46 th year of practice, 35 of which have been as Wilsonville City Attorney, both as a contract City Attorney and as a full-time appointee. During those 35 years, Wilsonville s assessed valuation has grown by $2.5 billion, supported by innovative Urban Renewal districts, LIDs, and design-build and design-build-operate public contracts for water and wastewater treatment plants. With Wilsonville, he has served as Interim City Manager and was loaned for a few months to Tualatin as its City Attorney. From , he served as a deputy and senior deputy district attorney for Multnomah County. From , Mike was in private practice, with both a litigation and transactional practice. He has litigated criminal and civil cases in both the state and federal courts and has argued cases before the state appellate courts and the Ninth Circuit, with leading cases in search and seizure, stockbroker fiduciary duty, qualified immunity, declaring a portion of Oregon s riot law unconstitutional, and upholding home rule for the City s Mobile Home Closure Ordinance. He has served as the OCAA president and as Vice- President and Board Member of the United States Tennis Association. He has also been a CLE speaker on a range of topics, including Section 1983 and civil rights, SDCs, and development agreements, and he has taught evidence and constitutional law at PCC. While in law school at the University of Oregon, his brief was instrumental in the Oregon Supreme Court establishing the Law Student Practice Rule. Andrew Aebi, City of Portland City of Portland Local Improvement District (LID) Administrator. Mr. Aebi also fulfills a dual role as a senior capital project manager for the Portland Bureau of Transportation and has managed over 30 street, sidewalk and stormwater capital projects since 2001 with combined budgets in excess of $30 million, most funded partially or wholly by LIDs. He has also provided finance leadership on sanitary sewer, water main, traffic signal, utility undergrounding and aerial tram improvements in excess of $65 million and assists other project managers and elected officials with the use of LID tools. He holds a Bachelor of Arts in Economics from Lewis & Clark College and a Master s in Business Administration with a concentration in finance from the University of Portland, and formerly was a senior financial analyst for Intel Corporation in Hillsboro. Mr. Aebi works closely with the Portland City Attorney s office in lieu of holding a juris doctor degree, and is the
2 grandson of former Eugene City Attorney Herman Hendershott (deceased), whose LID cases argued included Wing v. Eugene. Labor Law Update Diana Moffat, Local Government Law Group Diana Moffat is a Labor Relations lawyer with the Speer Hoyt Local Government Law Group (LGLG). LGLG focuses exclusively on providing services to Oregon s local governments. Diana has been providing labor relations assistance for over 15 years. Prior to that, she served as a Deputy District Attorney in Lincoln and Marion Counties for the first 14 years of her career. She has bargained more than 150 Collective Bargaining Agreements, has represented public employers in the mandatory mediation process and has presented their cases to Interest Arbitration. Diana has been involved in countless disciplinary proceedings and hundreds of contract interpretation issues. Diana has presented cases to the Employment Relations Board in the form of Unfair Labor Practices and Unit Clarification matters. She is versed in Oregon Labor law, ERB rules and regulations, FMLA, FLSA, OFLA, PECBA and Oregon statutory and case law. In her spare time, you will find Diana on her ranch, way out in the country, tending to her menagerie of rescue horses, llamas, goats and dogs. Ashley Boyle, Beery Elsner & Hammond Ashley Boyle, Associate Attorney, focuses her practice on employment and labor but also advises on public records, open meetings, land use, other matters for the firm s clients. Prior to coming to BEH, Ashley worked exclusively with Oregon local governments on labor and employment matters as a management representative. She also clerked for a union-side law firm and for the Oregon Department of Justice, Trial Division, Tort and Employment Section. Ashley has given countless presentations and trainings on municipal personnel issues, with topics including legislative and Employment Relations Board updates; effective discipline and discharge; and navigating the Public Employees Collective Bargaining Act. Urban Renewal 101 Chad Jacobs, Beery Elsner & Hammond Chad has spent over 14 years representing local governments in all aspects of municipal law. He began his career with the San Francisco City Attorney s Office where he rose to the position of Senior Deputy City Attorney and was head of the office s Ethics and Elections Team. Upon arriving in Oregon, Chad continued his service to local governments as the General Counsel for the League of Oregon Cities, where he represented the interests of all of Oregon s 242 incorporated cities.
3 Throughout his career, Chad has provided legal advice to public officials at all levels of local government and has represented clients in both the court room and in administrative law hearings. Chad works on a full range of municipal law issues for his clients including government ethics, public meetings, public records, elections, charters, tort liability, risk management, municipal finance and urban renewal. Chad has worked with clients to negotiate complex transactions including public/private partnerships and has drafted numerous charter provisions, ballot measures, ordinances and regulations. As an instructor for the Oregon Local Leadership Institute, he provided training seminars to cities and counties as well as to various government organizations and is a frequent speaker at statewide conferences. In addition to his work with BEH, Chad serves as an adjunct professor at Lewis and Clark law school, where he teaches local government law with his BEH colleague, Chris Crean. Developer Agreements 101 Dan R. Olsen, Attorney, Law Offices of Dan Olsen Sole practitioner representing local governments exclusively. Served as interim Lane County Counsel and as an interim assistant City Attorney for Eugene after retiring from 30 years with Washington County Counsel s Office, the last 15 as County Counsel. In addition to directly serving local government clients, I have been retained as a contract attorney with Jordan Ramis PC, handling municipal law matters. Elder Abuse Amber Hollister, Oregon State Bar Amber Hollister is the Oregon State Bar s deputy general counsel. In her role, she regularly provides prospective ethics guidance to lawyers and serves as in-house counsel for the Bar. Prior to working for the Oregon State Bar, Ms. Hollister served as deputy general counsel to Governor Ted Kulongoski, and was in private practice at Perkins Coie LLP. She clerked for U.S. District Court Judge Robert H. Whaley. Ms. Hollister earned her B.A. in Political Science from Reed College and her J.D. from the University of Washington School of Law. Ms. Hollister currently serves on the Boards of Directors of Oregon Women Lawyers and the Multnomah Bar Association, and as a liaison to the Multnomah Bar Foundation. Ellen Klem, Oregon Department of Justice Ellen Klem is the Director of Consumer Education and Outreach for the Oregon Department of Justice. Her mission is simple - prevent financial harm to Oregonians, especially older adults, Oregonians whose first language is not English, and students who have incurred significant education related debt. Before joining the Oregon Department of Justice, Ellen worked at the American Bar Association Commission on Law and Aging in Washington, D.C., where she was responsible for research, policy development, advocacy, education, and training. Ellen received her bachelor s degree from James Madison College at Michigan State University and a J.D. from Case Western Reserve University School of Law.
4 NPDES Permitting Issues Jamie Howsley, Jordan Ramis Jamie Howsley is a land use, environmental and government affairs attorney with Jordan Ramis with an active practice in both Washington and Oregon. He is known for finding creative, cost-effective solutions to challenges that could hamper a project and takes pride in knowing how to navigate the myriad of complex rules and relationships encountered in land development. In his practice, Jamie deals directly with private sector clients, community stakeholders, and elected officials to address policy concerns and work toward solutions. With 14 years of land use law experience, he is recognized locally and regionally as an influential thinker capable of striking a balance between public and private interests. He has and is currently representing the Building Industry Association of Clark County and BIA of Washington in litigation around Washington s Phase I NPDES program. Jamie has an AV Preeminent Peer Review Rating by Martindale-Hubbell and was named by Super Lawyers as a Rising Star in Washington Land Use for , named as a finalist by the Daily Journal of Commerce in 2012 for their Oregon Leadership in the Law award, and was named to the under 40 list by the Portland Business Journal. Land Use Tips and Traps Emily Newton Jerome, City of Eugene Since graduating from UO Law in 1995, Emily has built an expertise in helping cities navigate through all facets of Oregon land use law. Emily has advised many Oregon cities in her experience in both private firms representing local governments as an in-house attorney for the City of Eugene. Emily has defended city land use actions in more than 80 land use cases before the Land Use Board of Appeals, the Land Conservation and Development Commission, and the Oregon Court of Appeals. Emily s in-depth knowledge of Oregon land use law includes complete land use code updates and replacements, urban growth boundary expansions, Goal 5 inventories, creation and implementation of new regulatory zones, and periodic reviews. She regularly provides trainings and special-project support to city attorneys and government entities all over Oregon. Emily is a frequent lecturer and guest speaker to many governmental associations, such as the Oregon City Attorneys Association, the Oregon Chapter of the American Planning Association, the University of Oregon, School of Law, and Oregon State Bar. Emily is currently serving as an adjunct instructor at the University of Oregon School of Law, where she teaches and supervises for the Local Government Externship Program. Bill Kloos, Law Office of Bill Kloos PC Bill has been practicing land use law in Oregon almost as long as we have had the Statewide Planning Goals, having arrived here in He partnered with Al Johnson in Eugene for about 15 years and then opened his own shop. For the past decade or so he and a couple of associates have focused their work in the southern and mid-willamette Valley, with a bit of work on the central and south Oregon coast.
5 Bill and his firm are frequent filers at LUBA and the Court of Appeals. At the local level they are regulars in city and county application and appeal processes. These days their work tends to for landowners seeking to build housing inside urban growth boundaries and with owners outside UGB seeking to squeeze out a little more than bare resource use for their acreage. On all these fronts he has had a lot of exposure to city and county attorneys, including those working in-house and on contract, and those who do a lot and very little land use law. He tries to get along with them all. Employment and Separation Agreements Tamara E. Jones, Citycounty Insurance Services Tamara has been the Pre-Loss Employment Attorney at Citycounty Insurance Services since January Prior to joining CIS, Tamara practiced law as a partner at Barran Liebman LLP and Miller Nash LLP, and she has practiced employment law on behalf of public and private sector employers for 18 years. Tamara is a frequent presenter on legal issues in the employment law and human resources fields, and she served as editor/author of the book Model Policies and Forms for Oregon Employers, published in association with the Associated Oregon Industries ( editions). During her final year in private practice, Tamara was recognized as an Oregon Super Lawyer, in The Best Lawyers in America (Litigation - Labor and Employment) and as a Specialist in labor and employment law by Chambers U.S.A. An Oregon native, Tamara graduated with honors from Boston University School of Law and Simmons College. Appellate Law Harry Auerbach, City of Portland Harry Auerbach is a Chief Deputy City Attorney for the City of Portland, where he is the lead attorney in the Contracts and Property Practice Group, and where he serves on the City Attorney s Office Equity and Diversity Committee. A graduate of the University of California, Berkeley, and of Golden Gate University Law School, he has worked for the Portland City Attorney s Office since Harry does appellate litigation for the City, and general counsel work primarily for Portland Parks and Recreation. He has served on a number of Bar committees. He is a Past President of the Oregon City Attorneys Association, currently chairs the League of Oregon Cities Legal Advocacy Committee, and serves on the Ninth Circuit Advisory Committee on Rules and Internal Practices, and on the Oregon Mediation Association s Standards and Practices Committee. Water Law 101 and Case Update Katherine Thomas, League of Oregon Cities Katherine Thomas serves as the Assistant General Counsel for the League of Oregon Cities, where she provides general counsel support, responds to member inquiries, and provides legal support for legal and legislative advocacy activities. Katherine is a graduate of Lewis & Clark Law School. Prior to joining the League, she worked as a judicial clerk for Oregon Supreme Court Chief Justice Thomas A. Balmer, and prior to law school, she worked as a paralegal at a small Oregon and Nevada water law firm.
6 Sean O Day, League of Oregon Cities Sean O Day serves as the General Counsel for the League of Oregon Cities where he is responsible for the deployment of legal resources to support the League's mission of advocating for cities before the state courts and legislature. An honors graduate from Northwestern School of Law of Lewis and Clark College, he is a published author in the areas of environmental and water law. Sean s previous positions include serving as a judicial clerk to the Chief Justice of the Oregon Supreme Court, the Deputy Legal Counsel to Oregon s Governor, and Deputy City Attorney and Deputy City Manager for the City of Salem.
Kurt B. Bounds directs the sales and marketing functions for ISBA Mutual. He has over 20 years of experience in the insurance industry, with 15 years of selling and marketing professional liability insurance.
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