Annual HADA Seminar 2014

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1 Annual HADA Seminar 2014 Burlington, Vermont September 30 - October 1, 2014

2 2014 Annual HADA Seminar Wednesday, October 1, 2014 Burlington, Vermont Thank You to Our Golf Sponsors Dana F. Braun Longest Drive Callaway, Braun, Riddle & Hughes, P.C Frank J. Szilagyi Closest to the Pin Szilagyi & Daly Jeffrey Johnson Closest to the Line Johnson Law Group

3 Tuesday, September 30, Annual HADA Seminar Agenda 5:00 pm 7:00 pm Welcome Reception Cocktails and hors d oeuvres will be served 7:00 pm Dinner on your own in Burlington Wednesday, October 1, :30 am 8:00 am Continental Breakfast 8:00 am 8:05 am Welcome and Introductions 8:05 am 9:10 am General Session Winning the Case: Competency, ADA 9:15 am 10:55 am Break Out Sessions (45 minutes each) Cutting Through the Smoke Reasonable Accommodations and Medical Marijuana Navigating Representation of PHAs, Board of Commissioners, Executive Directors, Employees, Contractors... 11:05 am 11:55 am Interactive Panel Discussion and Mock Grievance Hearing 11:55 am 12:00 pm Closing 12:00 pm 1:00 pm Lunch Non-Golfers Golfers drive to Vermont National Country Club 12:30 pm Golfers Pick Up Boxed Lunches 1:00 pm Tee Off! 18 Holes of Golf Followed by Dinner and Prizes

4 I. Who s Who in HADA

5 State Name Firm Contact Info Other Alabama Charles A. Stewart, III Bradley Arant Boult Cummings LLP 445 Dexter Ave Suite 9075 Montgomery, AL Phone (334) Fax (334) C. Michael McInnish C. Michael McInnish P.O. Box 194 Montgomery, AL California Paul Caleo Burnham Brown P.O. Box 119 Oakland, CA Phone (510) Fax (510) Charles A. Chuck Stewart, III is a partner in the Montgomery office of Bradley Arant Boult Cummings LLP. His litigation practice includes the defense and trial of national and international corporations in product liability, employment and toxic tort matters, as well as commercial and intellectual property disputes. He is licensed in both Alabama and Tennessee. He is active in several defense trial organizations. Mr. Stewart served on the Board of Directors of the Defense Research Institute from 2002 through He is a Past President of the Alabama Defense Lawyers Association and a former member of its Board of Directors. Mr. Stewart is listed in The Best Lawyers in America and he is listed in Alabama Super Lawyers. Mr. McInnish specializes in public housing issues and consulting for housing authorities and housing organizations. He has presented over 40 HTVN segments on new rules, commissioner training, and other PHA topics. He also provided training for national, state, and local organizations on new HUD policies, PHA issues, and legal issues relating to the public housing field. He is currently a City Attorney for Montgomery, AL. Paul has practiced law with extensive experience in complex tort, personal injury and large loss cases involving claims of products liability, premises liability & construction site accidents. Paul has substantial trial experience and has also practiced law in his native Australia for four and one half years as a criminal defense attorney. Paul provides risk management and strategic advice and counsel to clients on litigation avoidance and Medicare reimbursement claims. Kevin K. Cholakian Cholakian & Associates 400 Oyster Point Blvd Suite 415 San Francisco, CA Phone (650) Fax (650) Kevin K. Cholakian heads an AV-rated, nineattorney civil defense firm with offices in San Francisco, Sacramento, and Fresno that represents government entities and commercial landlords in major catastrophic injury, products liability, employment, and environmental litigation cases. Twice the recipient of the Farmers-Zurich Gladiator of the Year trial lawyer award, he has been a national panelist on product and fire liability issues and is regularly brought in to defend many of the highest exposure commercial and tort liability cases in Northern and Central California. Mr. Cholakian s trial record where liability has been disputed is He is the President of the San Francisco Defense Association, San Francisco s oldest civil defense association.

6 State Name Firm Contact Info Other Joseph L. Stark Joseph L. Stark & Associates Avenue Stanford Suite 160 Valencia/Santa Clarita, CA Phone (661) Fax (661) Emphasis on public agency defense (labor/employment; general liability/premises; police and auto) with 20 years experience. Serving the Santa Barbara, Ventura, Los Angeles, Orange, Riverside and San Bernardino Counties. For more information visit Sage R. Knauft Randall J. Lee Laurie E. Sherwood Mary Watson Fishrer Walsworth Franklin Bevins & McCall, LLP One City Boulevard West, 5th Floor Orange, CA Phone (714) Fax (714) Montgomery Street, 9th Floor San Francisco, CA Phone (415) Fax (415) WFB&M s Municipal Law/Public Entity Practice includes a broad range of matters handled on behalf of numerous public entities and municipalities. We are critically aware of the many concerns facing public entities, in particular, their financial burdens. We therefore strive to achieve the best, yet most economical, results for our clients. We emphasize early and thorough investigation of the facts and circumstances of each case, and focus on a legal approach that is aggressive, yet incorporates sound business judgment. Connecticut Kevin A. Coles Coles, Baldwin & Kaiser, LLC 1261 Post Road Fairfield, CT Phone (203) Fax (203) Donn A. Swift Lynch, Traub, Keefe & Errante 52 Trumbull Street P.O. Box 1612 New Haven, CT Phone (203) Fax (203) Coles, Baldwin & Kaiser, LLC, is a CT law firm with a national experience base. Our attorneys have represented some of the largest corporations in America in complex litigation and general corporate counseling. At the same time, CBK lawyers have mastered the critical skill of representing individuals and smaller businesses in claims they have for a variety of civil matters across CT. Mr. Coles has represented Housing Authorities at all levels for almost 30 years. Mr. Swift has been affiliated with the firm since Mr. Swift is a trial lawyer who regularly practices in federal and state courts in the fields of products liability, personal injury law and negligence law. He is a member of the CT Academy of Certified Trial Lawyers, CT Defense Lawyers Association, Defense Research Institute, CT and American Bar Associations. Frank J. Szilagyi Szilagyi and Daly 118 Oak St Hartford, CT Phone (860) Fax (860) Cell (860) Mr. Szilagyi joined the firm in Mr. Szilagyi s practice is concentrated in the areas of civil and commercial litigation. He has represented numerous financial institutions and municipal and state employees. He currently serves as General Counsel to the Hartford Police Union

7 State Name Firm Contact Info Other Connecticut Con t James Williams Williams Walsh & O Connor 110 Washington Avenue, 2nd Floor North Haven, CT Phone (203) Fax (203) Our Connecticut attorneys are ready to put in the time and effort to assist in the success of your case. We feel each client is important, and we bring a personalized approach to the practice of law. Our attorneys are AV rated and licensed to practice in state and federal courts, as well as the U. S. Supreme Court. District of Columbia Al Scanlan Jackson & Campbell PC Lafayette Center th Street N.W. 3rd Floor South Tower Washington, DC Phone (800) Fax (202) Mr. Scanlan has focused his practice on civil trial and appellate litigation. He has litigated on behalf of large multinational corporations, domestic corporations, large and small, businesses, partnerships, and individuals Lee Reno General Counsel (HAI Group) Reno & Cavanaugh Suite Eye Street, NW Washington, DC Phone Fax Lee Reno is founding member of Reno & Cavanaugh. His experience in housing development began in Lee has practiced extensively in the affordable housing field during his legal career, with a special emphasis on public housing and rural housing. He serves as General Counsel to the Housing Authority Insurance Group. Georgia Dana Braun Callaway, Braun, Riddle, and Hughes, P.C. 301 West Congress Street PO Box 9150 Savannah, GA Phone (912) Fax (912) Dana Braun practice areas are general civil trial practice including insurance, construction, commercial and employment litigation, housing and housing authority law, and commercial transactions. He is a member of the Savannah and American Bar Associations, State Bar of Georgia, Georgia Defense Lawyers Association and the Defense Research Institute. Tom Brennan Fain Major & Brennan P.C. 100 Glenridge Point Pkwy Suite 500 Atlanta, GA Phone (404) To date, Tom has been lead counsel in over 100 jury trials in both Federal and State Courts defending injury and death claims resulting from product, premises, construction, vehicle, and trucking accidents. Tom also litigates insurance coverage and bad faith claims and has been retained as an expert in bad faith litigation as well.

8 State Name Firm Contact Info Other Georgia Con t John C. Daniel Martin Snow, LLP 240 Third Street P.O. Box 1606 Macon, GA Phone (478) Fax (478) Martin Snow, LLP has represented individuals, businesses, and governmental agencies in all types of litigation matters for over 100 years. The firm is currently engaged in a broad litigation practice, representing clients in all state and federal courts in the middle and south Georgia area. In addition to a wide range in insurance defense practice, the firm also handles all types of business and commercial litigation. Illinois James W. Springer Kavanagh, Scully, Sudow, White & Frederick 301 S.W. Adams Street, Suite 700 Peoria, IL Phone (309) Fax (309) Mr. Springer s areas of practice are state and federal civil litigation and worker s compensation. He is a member of the Illinois State Bar Association and the Peoria County Bar Association, which awarded him it s Pro Bono Lawyer of the Year Award in Andrew Kopon, Jr. Rachel Yarch Kopon Airdo, LLC 233 South Wacker Dr Suite 4450 Chicago, IL Phone (312) Direct (312) Mr. Kopon s extensive trial work has been in a variety of matters, including wrongful death cases, product liability, insurance coverage and employment law. Mr. Kopon s trial experience includes the defense of serious injury and wrongful death cases in a variety of matters. Ms. Yarch s emphasis is on Employment Litigation, Counseling on Employment Law Matters, Drafting Employment Practices and Training on Employment Law Issues. Indiana Joseph Stalmack Joseph Stalmack & Associates 5253 Hohman Avenue Hammond, IN Phone (219) Mr. Stalmack is the primary trial attorney and principal of the firm. Mr. Stalmacks cases have involved wrongful death, personal injury and property damage matters. He specializes in complex litigation and serious accident cases. He also has broad experience resolving insurance coverage questions and authoring opinions on coverage.

9 State Name Firm Contact Info Other Kansas Jennifer Kyner Kyner Law, P.C Rainbow, Suite 200 Westwood, KS Phone: (913) Fax: (913) Kyner Law, P.C. represents businesses, insurance companies, governmental entities and individuals in Kansas and Missouri. The firm s principal, Jennifer Kyner, is AV rated and has over 32 years of experience trying cases before state and federal court juries and judges. Ms. Kyner is a trained arbitrator and mediator and serves on the American Arbitration Association s panel of arbitrators. Bill Sanders Jason Roth Sanders Warren & Russell LLP 9401 Indian Creek Pkwy Suite 1250 Overland Park, KS Phone: (913) Fax: (913) Sanders Warren & Russell LLP is a mid-sized law firm with offices in Kansas City, Missouri and Overland Park, KS. We represent over 50 different insurance carriers and a specialization of the firm s attorneys for many years has been representing governmental entities in all types of actions, including 42 USC 1983, Tort Claims Act, land use and employment matters. Louisiana Edward Trapolin Gus Fritchie Irwin Fritchie Urquhart & Moore LLC 400 Poydras Street Suite 2700 New Orleans, LA Phone (504) Fax (504) Mr. Trapolin concentration is Products Liability, Casualty, Insurance, Labor & Employment, Professional Liability, Business Litigation & Premises Liability. Ed is affiliated with Louisiana State Bar, New Orleans Bar, Mississippi Bar and Federal Bar Associations. Mr. Fritchie defends a wide range of professional liability claims asserted against lawyers, insurance agents and brokers, real estate agents, brokers & accountants. Gus also defends claims asserted against public entities, businesses, and their insurers, including claims based on alleged civil rights violations and employment practices. Maryland Carrie Blackburn Riley Stacie Farley Blackburn Riley, LLC 828 Dulaney Valley Rd Suite 4 Baltimore, MD Phone (410) Fax (410) Civil practice consisting mainly of insurance defense and coverage matters. Practice areas include: general liability, premises and premises security liability, products liability and employment discrimination and fair housing claims Admitted: Maryland and District of Columbia.

10 State Name Firm Contact Info Other Massachusetts Gerard T. Donnelly David F. Hassett Hassett & Donnelly, P.C., 446 Main Street, 12th Fl. Worcester, MA Phone (508) Fax (508) Our firm specializes in civil litigation/insurance defense including but not limited to general liability, premises liability, products liability, worker's compensation, employment discrimination, coverage opinions, etc. Mr. Hassett is an accomplished trial lawyer with more than 22 years of courtroom experience. Mr. Donnelly brings to our firm eleven years of experience as a claims adjuster and manager in addition to his more than 22 years of litigation experience. John Egan Rubin and Rudman, LLP Attorneys at Law 50 Rowes Wharf Boston, MA Phone (617) Fax (617) John is a senior litigation partner experienced in the defense of personal injury, wrongful death, property damage, and other tort claims, including product liability, exposure to toxic substances, premises liability, professional liability, consumer protection claims, and related appellate work. He has been practicing law for over 30 years, has tried over 75 cases to verdict, and is admitted to practice in MA and the District of Columbia. Michigan Matthew A. Brauer Rutledge, Manion, Rabaut, Terry & Thomas P.C Penobscot Bldg. Detroit, MI Phone (313) Fax (313) Minnesota Mark J. Peschel Johnson & Lindberg, P.A. 780 Northland Plaza 3800 American Boulevard West Minneapolis, MN Phone (952) Fax (952) Mr. Brauer has over 20 years of success and experience as defense counsel in civil litigation matters involving governmental liability and immunity, premises liability, public housing and federal regulations, fires and explosions, employer s liability, civil rights and contract claims. He regularly provides advice and counsel to housing authorities, employers and insurers on a variety of matters. He is admitted to practice in all Michigan state and federal courts, as well as the U.S. Sixth Circuit Court of Appeals and the U.S. Supreme Court. Mr. Peschel s civil litigation practice areas include governmental liability, construction defects, products liability, toxic torts, premises liability, personal injury and wrongful death, subrogation, and insurance law. Mr. Peschel also serves as a mediator. He is admitted to practice in state and federal courts in Minnesota, Wisconsin, and North Dakota.

11 State Name Firm Contact Info Other Mississippi Walter W. Dukes Matthew M. Williams Dukes, Dukes, Keating & Faneca, P.A th Street Sixth Floor Gulfport, MS Phone (228) Dukes, Dukes, Keating & Faneca, P.A. provides a full range of legal services to businesses, corporations, insurance companies, governmental entities and individuals throughout Mississippi. Their dynamic, versatile attorneys handle a wide range of issues, such as: Insurance Defense, Employment Law, Governmental R & C Issues, 1983 Governmental Liability, premises security litigation and investigation. Missouri Jennifer Kyner Kyner Law, P.C Rainbow, Suite 200 Westwood, KS Phone: (913) Fax: (913) Kyner Law, P.C. represents businesses, insurance companies, governmental entities and individuals in Kansas and Missouri. The firm s principal, Jennifer Kyner, is AV rated and has over 32 years of experience trying cases before state and federal court juries and judges. Ms. Kyner is a trained arbitrator and mediator and serves on the American Arbitration Association s panel of arbitrators. Bill Sanders Jason Roth Sanders Warren & Russell LLP 1411 East 104th Street, Suite 100 Kansas City, MO Phone (816) Fax (816) Sanders Warren & Russell LLP is a mid-sized law firm with offices in Kansas City, Missouri and Overland Park, KS. We represent over 50 different insurance carriers and a specialization of the firm s attorneys for many years has been representing governmental entities in all types of actions, including 42 USC 1983, Tort Claims Act, land use and employment matters. New Jersey Gerald Helfrich Gerald J. Helfrich, Attorney at Law 3125 Rt.10 East Suite 2D Denville, NJ Phone: (973) Fax: (973) Cell: (973) Mr. Helfrich has represented HARRG Insurance for eighteen years specializing in civil litigation with concentration in insurance defense and coverage. Jeffrey L. Shanaberger Gerard H. Hanson Hill Wallack 202 Carnegie Center Princeton, NJ Phone (609) Fax (609) Mr. Shanaberger has a practice concentration in trial and appellate practice, emphasizing insurance coverage and defense in matters of governmental, public entity rights and products liabilities.mr. Hanson has a practice concentration representing insurance companies in coverage disputes as well as in defense of diverse claims, including, but not limited to: catastrophic personal injury, property damage and economic loss.

12 State Name Firm Contact Info Other New York Anthony J. Colucci, III John J. Marchese Gillian Brown Ryan Gellmen Colucci & Gallaher, P.C Liberty Building 424 Main Street Buffalo, NY Phone (716) Mr. Colucci divides his professional time between counseling businesses and litigating matters on behalf of firm clients. Over more than two decades in private practice, Tony has successfully defended privately held and publicly traded firms as well as governmental entities in a variety of legal matters. Mr. Marchese devotes most of his practice to litigating municipal liability and complex environmental matters. John also has extensive experience litigating business and commercial disputes, construction accident litigation and product liability claims. Mr. Brown concentrates his practice in Housing and Development Law, Construction Law, Landlord - Tenant Law and Municipal Law. Gillian joined the firm in 2008 with 20 yrs of experience. Mr. Gellman concentrates his practice on defending lawsuits involving personal injuries and commercial disputes. He has been defending municipal liability cases for nearly 20 years. Relevant experience includes cases involving premises liability, toxic torts including asbestos and lead paint, contracts including lease disputes and construction. He handles all aspects of litigated matters including trials, appeals, mediations and arbitrations. Mark Cipolla Alan Kaminsky Lewis Brisbois Bisgaard & Smith LLP 199 Water Street 25th Floor New York, NY Phone (212) (212) (212) Fax (212) Lewis Brisbois Bisgaard & Smith LLP is a 500 attorney national law firm with offices located in Chicago, Las Vegas, Lafayette, Los Angeles, New York, Orange County, Phoenix, Sacramento, San Bernardino, San Diego, San Francisco and Tucson. The law firm was ranked by the National Law Journal as the 73rd largest law firm in the nation and named the sixth largest law firm in the State of California by California Lawyer. Each of these offices includes partners, associates and a professional staff dedicated to achieving the objectives of our clients. Mr. Kaminsky serves as Vice-Chair of the firm-wide general liability department. He specializes in defending clients against high exposure personal injury lawsuits. He is recognized by New York Magazine as one of the Top Personal injury trial lawyers in New York (8/2005).

13 State Name Firm Contact Info Other New York Con t Stephen J. Rehfuss John Liguori Rehfuss & Liguori & Assoc. P.C. 40 British American Blvd. Suite 219 Latham, NY Phone (518) Fax (518) The law firm of Rehfuss, Liguori & Associates, P.C. engages in a sophisticated, wide-ranging litigation practice in all courts of record throughout New York State. The firm represents a large and varied multinational, corporate, municipal and individual clientele in State and Federal Courts and handles trial and arbitration proceedings as well as appeals. Counsel to the Albany Housing Authority and Litigation Counsel for public housing authorities throughout Upstate New York. Litigation practice with an emphasis on municipal and Title VII defense Kevin A. Lane Barbara Sherk Michael Coutu Sliwa & Lane 840 Main Seneca Building Buffalo, NY Phone (716) x 208 Fax (716) Mr. Lane is the Chair of The Insurance Coverage Committee of the New York State Bar Association s TICL Section and the recipient of its award for Outstanding Contribution to Practice of Law in the Field of Insurance. Mr. Coutu concentrates his practice on the representation of transportation companies, and the defense of corporations and individuals in tractor trailer, complex motor vehicle, product liability and construction related litigation. Ms. Sherk is admitted to practice in the New York State Courts and the United States District Court for the Western District of New York. She is the Co-Chair of the Ethics and Professionalism Sub Committee of the American Bar Association s Insurance Coverage Litigation Committee. Ohio Lewis W. Adkins, Jr. Roetzel & Andress One Cleveland Center, 10th Fl 1375 E. Ninth St. Cleveland, OH Phone (216) Main (216) Direct Fax (216) Mr. Adkins practices in the areas of public law, litigation, labor and employment. He serves Counsel to numerous large public and private entities throughout Northeast Ohio. He has also been lead counsel for several multiple million dollar development projects throughout Northeast Ohio. His clients have included public and private entities. He has obtained numerous judgments, on behalf of clients, involving complex pieces of litigation in Federal and State courts in Ohio.

14 State Name Firm Contact Info Other Ohio Con t Hilary Taylor Weston Hurd, LLP The Tower at Erieview 1301 East 9th Street, Suite 1900 Cleveland, OH Phone (216) Direct (216) Fax (216) Mr. Taylor practices in the areas of employment, governmental liability, insurancegeneral defense and toxic tort, and he has represented several Housing Authorities based in the State of Ohio. He s a member of the Cleveland Bar Association, American Bar Association, Norma S. Minor Bar Association, National Bar Association, International Association and Ohio Association of Chiefs of Police. He published an article entitled Civil Rights: Jails and Justice. He is a life member of the United States Court of Appeals Sixth Circuit Judicial Conference and appointed as a representative of the Life Member Committee. He is an adjunct professor at Case Western Reserve University School of Law teaching courses in Trial Tactics and Core Lawyering Skills Ernest L. Wilkerson Jr. Wilkerson & Associates LPA 1422 Euclid Ave, Ste 248 Cleveland, OH Phone (216) Fax (216) Ernest L. Wilkerson Jr. founded the firm in The firm provides a broad range of specialized legal services to governmental agencies and corporate, banking and business institutions from its offices in Cleveland and Columbus, Ohio and Washington, DC. Aubrey Willacy Tim Marcovy Willacy, LoPresti & Marcovy 700 Western Reserve Building 1468 West Ninth Street, Suite 700 Cleveland, OH Phone (216) Fax (216) WL&M has extensive litigation and consulting experience in an array of practice areas. The firm is a general practice, defense litigation law firm which represents business, governmental and corporate entities of all sizes and types in a variety of subject areas. Aubrey is a member of the Cleveland, Ohio State and National Bar Associations; Norman S. Minor Bar Association. Oklahoma Tom Cordell Frailey, Chaffin, Cordell, Perryman, Sterke McCalla & Brown LLP 201 North 4th Street Chickasha, OK Phone (405) Fax (405) Tom Cordell was admitted to practice law in Oklahoma in He continues to practice as a senior partner in the Chickasha, Oklahoma law firm of Frailey, Chaffin, Cordell, Perryman, Sterkel, McCalla & Brown in all facets of tort litigation, focusing on complex tort and commercial litigation, as well as products liability, auto liability, oil and gas litigation, premises liability, bad faith, and insurance defense and coverage litigation. He is a member of the Order of the Barristers. He is a recipient of the Maurice Merrill Golden Quill Award given by the OBA annually for the outstanding published article in the Oklahoma Bar Journal. He currently serves on the Board of the USAO Foundation.

15 State Name Firm Contact Info Other Pennsylvania David Bateman Craig Caliendo Bateman & Caliendo LLC 470 Dresher Road Horsham, PA Phone (215) Fax (215) Mr. Bateman and Mr. Caliendo have been handling HARRG Insurance defense matters for the Philadelphia Housing Authority since Bethann R. Lloyd Holly M. Whalen Grogan Graffam, P.C. 4 Gateway Center, 12th Floor Pittsburgh, PA Phone (412) Fax (412) Grogan Graffam, P.C. is a mid-sized law firm located in downtown Pittsburgh concentrating in insurance defense and general defense. GGPC is a member of the International Society of Primerus Law Firms and are 2014 A.M. Best s Recommended Insurance Attorneys. Bethann and Holly are both shareholders. Both have been repeatedly named Pennsylvania Super Lawyers, including for In addition to representing housing authorities in various contexts for many years, Bethann and Holly also defend cases involving claims of professional liability, employment practices, commercial litigation, civil rights and insurance coverage. Bethann Naples Naples Law Firm, LLP 1515 Market St. Suite 1200 Philadelphia, PA Phone (215) Fax (215) Bethann Naples has concentrated her practice in civil litigation and workerscompensation. She has handled defense liability and automobile accident cases and worker s compensation claims. Ms. Naples also served as an arbitrator for Public Housing grievances. Janice Kolber Susanna Randazzo Kolber & Randazzo 1616 Walnut Street, Suite 2000 Philadelphia, PA Phone (215) Fax (215) Ms. Kolber is a founding partner and has concentrated her practice in civil trial advocacy for more than twenty years. Ms. Randazzo is a partner of the firm whose practice concentration is in civil litigation and employment. Rhode Island Rajaram Suryanarayan Brenda Harrigan Gunning & LaFazia, Inc. 33 College Hill Rd, Suite 25B Warwick, RI Phone (401) Fax (401) The attorneys at Gunning & LaFazia handle matters in state and federal courts in Rhode Island and Massachusetts. Over the past 50 years Gunning and LaFazia attorneys have tried hundreds of cases with excellent results. Gunning & LaFazia is committed to continuing to provide superior legal services for individuals and companies. Brenda Harrigan also handles Family Court matters, including custody, child support, and divorce, as well as the defense of discrimination claims filed with the EEOC and the Rhode Island Commission for Human Rights. Rajaram Suryanarayan's practice includes professional liability policy defense, as well as commercial litigation.

16 State Name Firm Contact Info Other Tennessee James. D Lawson Law Offices of William M Jeter, PLLC 35 Union Ave Suite 300 Memphis, TN Phone (901) Fax (901) Licensed and practicing in both AR and TN. Admitted to Arkansas Bar in 1986; also admitted to practice in U.S. District Courts, U.S. Court Of Appeals for the 8th Circuit, and U.S. Supreme Court. Member of the Pulaski County, Arkansas and American Bar Associations as well as DRI. Texas Jonathan M. Spigel Cowles & Thompson, P.C. 901 Main St Suite 3900 Dallas, TX Phone (214) Fax(214) Jonathan currently serves as the Section Head for the firm s Tort and Insurance Litigation Practice Group. Mr. Spigel s litigation practice consists primarily of general insurance defense, transportation defense, products and premises liability defense, professional liability defense and employment and commercial litigation. He was admitted to the State Bar of TX in 1989 and is also admitted to practice before the U.S. Court of Appeals for the Fifth Circuit. William M. McKamie Charles Sierra McKamie Krueger, LLP 941 Proton Road San Antonio, TX Phone (210) Fax (210) Mr. McKamie practices municipal litigation, land use, constitutional law, Fair Housing, civil rights, employment law, commercial litigation, business law & general litigation. Mr. McKamie is former two-term Chair of Government Lawyers Section of the Texas State Bar. Mr. Sierra practice areas are municipal litigation, civil practice, employment law, family law and criminal law. He is a member of the State Bar of TX

17 State Name Firm Contact Info Other Vermont Pietro Lynn Lynn, Lynn, Blackman PC 76 St. Paul Street Suite 400 Burlington, VT Phone (802) Fax (802) James L. Chapman, IV is a senior partner with the law firm of Crenshaw, Ware & Martin, P.L.C. and is Chairman of the firm s Litigation Department. He handles a broad range of business issues and complex civil litigation matters in federal and state courts and has substantial jury trial experience. He is listed in Best Lawyers in America and Virginia Super Lawyers. Crenshaw, Ware & Martin, P.L.C. is a multi-disciplined business law firm that represents clients ranging from small businesses to Fortune 500 companies and government agencies. In addition to our extensive litigation experience, the experience of our firm has put our attorneys in the forefront of practice areas such as project finance, complex contracts, railroad law, maritime law, housing authority law, real estate, construction law, creditors' rights, employment law and tax-credit finance. Virginia Jim Chapman Crenshaw, Ware & Martin, PLC 150 West Main St Suite 1500 Norfolk, VA Phone (757) Fax (757) James L. Chapman, IV is a senior partner with the law firm of Crenshaw, Ware & Martin, P.L.C. and is Chairman of the firm s Litigation Department. He handles a broad range of business issues and complex civil litigation matters in federal and state courts and has substantial jury trial experience. He is listed in Best Lawyers in America and Virginia Super Lawyers. Crenshaw, Ware & Martin, P.L.C. is a multi-disciplined business law firm that represents clients ranging from small businesses to Fortune 500 companies and government agencies. In addition to our extensive litigation experience, the experience of our firm has put our attorneys in the forefront of practice areas such as project finance, complex contracts, railroad law, maritime law, housing authority law, real estate, construction law, creditors' rights, employment law and tax-credit finance. Washington John P. Hayes Marty Pujolar Forsberg & Umlauf, P.S. 901 Fifth Avenue Suite 1400 Seattle, WA Phone(206) Fax(206) Mr. Hayes practices include defense of construction defect, employ. & product liability, and commercial contract disputes. He also represents insurance carriers in first and third party marine and commercial general liability coverage and bad faith litigations. Mr. Pujolar practices include insurance coverage, construction and employment litigation, appeals, general liability, auto, UIM, premise & product liability.

18 Winning the Case: Competency, ADA C. Michael ( Mickey ) McInnish

19 C. Michael ( Mickey ) McInnish has been practicing law since 1981, and began representing housing authorities in He retired in 2006 as the Executive Director of the Montgomery Housing Authority. Mr. McInnish has been a member of the Claims and Underwriting Committees for HAI Group. He has taught numerous classes for SERC, NAHRO, PHADA, as well as state and local housing groups. He has done over 100 programs for HTVN. McInnish earned his Bachelor s Degree from Auburn University, his Master s Degree from Southern Baptist Theological Seminary, and his JD from Jones Law Institute. He was a member of the Negotiated Rulemaking Committee for HUD and has been given numerous awards by housing and legal agencies. At present he is the Senior Staff Attorney for the City of Montgomery and specializes in personnel work, business/license taxes, administrative work, city asset recovery, ADA compliance officer and is assigned to the Department of City Investigations. He is a Certified Mediator and Arbitrator by the American Arbtration Association.

20 C. Michael Mcinnish HAI Group SM 189 Commerce Court, Cheshire, CT HAI Group is a registered trademark for a family of affiliated companies which includes Housing Authority Risk Retention Group, Inc.; Housing Authority Property Insurance, A Mutual Company; Housing Enterprise Insurance Company, Inc.; Housing Insurance Services, Inc. (DBA Housing Insurance Agency Services in NY and MI); Housing Authority Insurance, Inc.; Housing Telecommunications, Inc.; Satellite Telecommunications, Inc.; Housing Investment Group, Inc.; and Housing Systems Solutions, Inc. Staff training and sensitivity The application process Proper notices Explanation Be able to prove it!!! Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

21 Application Notices Tenant selection Application offices accessible Sight/hearing disabled No discrimination Must come to the office. NO Taking applications from those unable to come to office MUST inform all applicants, residents, or members of the public of alternative forms of communications, and how to request Sign language, oral explanation, bold print, audio cassette, mail applications, alternative sites for applications Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

22 Require applicants to provide or pay for his/her own sign language interpreter or other alternative Maintain adequate pool of units for disabled persons Build waiting list: print media, advocacy groups, social service agencies TRAIN STAFF and be able to prove it Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

23 Have a policy about reasonable accommodations Notify everybody of Right to request On application If rejected, notification letter must give outline for requesting a hearing and requesting reasonable accommodation At application At orientation At re-certification At eviction/termination of tenancy Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

24 Right to request accommodation PHA must provide accommodations, even through the termination process and lease enforcement Including: cognitive disability Notice of charges Opportunity to respond ABILITY TO UNDERSTAND violation, consequences, right to hearing Look at your grievance policies/procedures Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

25 The policy The process Procedures explained They knew what could happen They understood all of this Can we prove it? Issue not only the violation and whether we can prove it Issue is mental disability Question at this point: can we proceed, how do we proceed, and can we win? Give the notice: can we prove tenant understood what was wrong and consequences? Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

26 Does tenant understand the process? Was notice of reasonable accommodation given? Can the tenant comprehend: the lease, violations, grievance process, fair hearing requirements, consequences of violation? Be prepared to go back to application and orientation These probably will cost you attorney fees Due Process/14 th Amendment Section 42 USC 1983 ADA (Americans with Disabilities Act) Rehabilitation Act Fair Housing Act Combination of the above Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

27 Can be done at any stage Hopefully at an early step in the process By PHA, friend, guardian, attorney Insulate yourself by putting comments into the record and being able to document everything Attorney to represent? Guardian ad Litem? Custodian/guardian Who pays? Who gives notice to court? Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

28 Orientation: understand the lease/grievance? Move-in: understand the process? Signs that put you on alert!! Notate file and watch out... Receiving SSI (Supplemental Security Income)? Have a guardian? Don t look like they understand Cannot answer questions about procedure NOTATE FILE and seek help as needed Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

29 Not enough: be able to prove applicant/tenant knew who to contact if any questions about lease/procedures Have this in the record SO: tape record everything, but be careful about privacy issues Tenant must understand what is a lease violation Must understand how they must comply with lease Must understand how to request reasonable accommodation Must know how to access the grievance process Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

30 Participated in the above AND We can prove it??? THEN WE AUTOMATICALLY WIN: LOL Establish and implement policies Train staff Give notice to appropriate parties of terminations Train grievance officers and staff to notate mental issues or absence of issues Notify judge if cognitive defect suspected Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

31 Tenant did not report income Tenancy terminated, attorney present Tenant kept good financial records, had bank account Attorney: she did not understand she had to report income PHA: could not prove she knew or understood Federal case filed Bad housekeeping Informal conference, grievance Eviction won and appealed Tenant s attorney raised incompetency and lack of knowledge of lease violation AND that she could be evicted Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

32 Of any suggestion of any kind Document telling tenants and applicants at every opportunity about ability to request reasonable accommodation Help is easier to get earlier than later Try to get tenant attorney to state on the record the tenant understands the lease and violation Alert hearing officer Have hearing officer training Let him/her ascertain if tenant understand nature of proceeding and notate the same on the record and decision Document findings Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

33 Ask attorney if client understands: i.e. put the attorney on the record and the tape If any issues raised: notate findings and seek advice Be sure your attorney knows the cognitive issues, if any Be sure you can prove your case Notify court? Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

34 This is a big issue: legally, administratively Many different laws apply Make your record and be able to prove it Conduct training: observations and reports Dot your I s and cross your T s Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

35 Jane Doe 1234 Commerce Dr. Apt. #100 Anywhere, AL February 21, 2012 RE: GRIEVANCE HEARING Dear Ms. Doe: Your grievance hearing was scheduled at 1:00pm,, 2012, at the Housing Authority. You failed to appear for your grievance hearing. In rendering a decision, it is my responsibility as the Hearing Officer to evaluate the following matters: 1. Whether or not the grounds for denial were stated factually in the notice. 2. The validity of grounds for denial of assistance. 3. The validity of the evidence. The Housing Authority is required to follow all Rules and Regulations of the Public Housing Program. These rules are listed in their Admissions and Continue Occupancy Guidebook. In this guidebook it states that no resident's lease shall be terminated except in compliance with HUD regulations, the lease terms, and state law. On 12/29/2011 a wage verification form was submitted indicating the Ms. Williams was employed with Plamastic LLC beginning 12/02/2011. On 01/30/2012 a Lease Termination Notice was sent to Ms. Williams stating her lease was terminated due to her violating her lease, primarily for not reporting income in a timely manner on this and three (3) prior occasions. On 01/31/2012 Ms. Williams requested an informal hearing with Ms. Walters. On 02/07/2012 an informal hearing was held with Ms. Williams concerning the termination of her lease. The decision was to continue with the lease termination. On 02/13/2012 Ms. Williams requested a formal hearing. On 02/14/2012 a notice was sent to Ms. Williams scheduling the formal hearing on 1:00pm. WITNESSES: - Public Housing Authority Property Manager - Assistant Public Housing Authority Property Manager TESTIMONY: - Stated that Ms. Williams failed to report her income with in the 10 day time frame as established by HUD regulations and the Housing Authority Lease. This is at least the third time Ms. Williams has failed to report income in the established time frame since 2009: 03/31/2009- failed to report income from wages. 11/19/2010- failed to report income from child support. 12/29/2011- failed to report income from wages. 1 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

36 Ms. testified that these are just a few of the times she has failed to report income and each time they have agreed to continue her assistance and/or lease. Laura - no testimony given DOCUMENTS: : 1. Wage Verification form dated 12/29/2011 noting Ms. Williams hire date as 12/02/ Lease Termination Notice dated 01/30/2012, effective 02/14/2012, for failing to report income in the established time frame. 3. A handwritten notice from Ms. Williams requesting a hearing, dated 01/31/ Notice sent to Ms. Williams indicating the Housing Authority s decision to continue with the termination of her lease. 5. A Handwritten letter from Ms. Williams requesting a Formal Hearing, dated 02/13/ A notice sent to Ms. Williams scheduling the Formal hearing on 1:00pm at the Housing Authority, dated 02/14/ A Residential Counseling Report documenting the grievance hearing request. 8. An to scheduling the Formal Hearing. 9. Housing Authority Briefing Certificate for Public Housing. 10. Housing Authority Lease agreement with Ms. Williams 11. A Notice to all residents implementing a tenant repayment policy. 12. Housing Authority s Tenant Repayment Policy. FINDINGS: Since you have failed to meet your scheduled appointment, the hearing was held in your absence. After reviewing all the documentation and the testimony during the grievance hearing, I hereby find that the termination of your lease agreement sent to you was based on reliable information. Therefore, it is my decision that the termination of your lease is appropriate and in accordance with set protocols and procedures prescribed by the Housing Authority s rules and regulations. My decision is in favor of the Housing Authority s termination of your Lease Agreement. GREIVANCE HEARING OFFICER: DATE MAILED: 2 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

37 DUE PROCESS HEARING DO S AND DON TS. Give proper written notice to all interested parties Don t rely on phone or oral notice Give specific time, location, date and time. Give procedural rules. If hearing is rescheduled, notify all. If place changed, have someone at original site to direct to new one. Know the procedure and be familiar with the facts of the case. Follow the protocol. Don t change without notice to all. Don t meet with the parties prior to the hearing. Don t wing it. Record the entire proceeding. State on the record all relevant information: date, time, participants, etc Swear in the witnesses. Reinforce by follow up: You ve already been sworn to tell the truth: correct? Follow the script. Conflict of interest? Be sure all parties are heard fairly. Give proper decision and mail. Notate date of mailing. Be sure someone reviewing the record has pertinent information. If you forget to swear witness in, testimony could be disregarded Procedure same for all hearings. Don t proceed if potential or actual conflict of interest. Don t cut off a witness. But watch for repetitive testimony. Is there anything else? Don t relay information by phone. Don t rely on some else to mail. Inform of any appeal. Retain records: PHA, hearing officer. Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

38 GRIEVANCE HEARING SCRIPTS Introduction Is the tape recorder on? Hello my name is. I have been appointed by the Housing Authority to serve as the hearing officer for today s hearing. My desire is to hear the positions of both parties and make an impartial decision based on the hearing today. I will only consider relevant evidence, statements, or documents presented at this hearing. AFTER THIS HEARING HAS BEEN CONCLUDED, I WILL NOT TAKE ANY FURTHER TESTIMONY, EVIDENCE OR RECEIVE ANY FURTHER DOCUMENTATION. This hearing will be conducted in a professional and respectful manner. Disorderly behavior will not be tolerated. Anyone acting disorderly will forfeit the right to have this hearing conducted. I would like to remind everyone that this is not a court hearing. The case is relating to the housing authority of the city of and. The date is: The time is: The place of the hearing is: The hearing will be recorded so that I can review it to refresh my memory when I am making my decision later on. If you wish to have a recording of the hearing, I can make a copy available to you upon request & at your expense. Would each of you introduce yourself and your reason for being here. Are there any witnesses that will be testifying today other than yourselves? Identify any witnesses. WITNESSES SIGN IN AND INTRODUCE THEMSELVES. Page 1 of 5 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

39 I AM NOW GOING TO SWEAR IN ALL OF THE WITNESSES. SWEAR ALL WITNESSES: DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU GIVE TODAY IS THE TRUTH? (EXPLANATION OF THE RULE:) THE PHA AND THE TENANT/PARTICIPANT HAVE THE RIGHT TO HAVE ALL WITNESSES OTHER THAN THE ONE TESTIFYING AND THE REPRESENTATIVE BE EXCLUDED FROM THE ROOM. DOES EITHER THE PHA OR THE TENANT/PARTICIPANT WANT TO INVOKE THIS PROVISION? (IF SO, EXCUSE ALL WITNESSES EXCEPT THE PARTICIPANT AND THE PHA REPRESENTATIVE.) ADDRESS COMPLAINANT: PLEASE STATE YOUR NAME FOR THE RECORD. ARE YOU REPRESENTED? ASK OTHERS TO INTRODUCE THEMSELVES (HA s ALLEGATIONS/CHARGES/RULE VIOLATIONS OR INFRACTIONS FOR THE RECORD:)) Please read to me what the allegations, charges, rule violations, and/or the infractions are and what the Housing Authority s recommendations are for this case. READ THE PHA RECOMMENDATION INTO THE RECORD. Competency questions: a. Do you understand why you are here today? b. Do you understand the reason for your lease termination c. Do you need anyone to be with you to help and assist you with this hearing? Page 2 of 5 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

40 d. Are you ready to proceed with the hearing? THE BURDEN OF PERSUASION: The party having the burden of persuasion, otherwise known as the burden of proof, will present their case first. Then the other side will present their case followed by the party having the burden of proof. AFTER EACH WITNESS FINISHES HIS/HER TESTIMONY, THE OTHER SIDE WILL HAVE THE RIGHT TO CROSS-EXAMINE OR ASK THEM QUESTIONS ABOUT THE CASE. Section 8 Procedure: HA has burden of Persuasion & should and must initially present sufficient evidence to establish a Prima Facie case that benefits should be terminated. The Participant (tenant/applicant) has the burden of production to show that benefits should be continued. PH Procedure: The Participant (Tenant/applicant) must proceed first, has burden of Persuasion & should and must initially present sufficient evidence to establish a Prima Facie case that benefits should not be terminated. If the tenant has met these requirements then the HA has the burden of production to show that benefits should not be continued. The decision will be reached based upon a preponderance of the evidence. The party having the burden of proof or persuasion must meet this presumption to show that the facts happened, but does not have to prove the facts beyond a reasonable doubt. I WILL NOW ASK EACH PARTY IF HE/SHE WANTS TO MAKE A BRIEF OPENING STATEMENT. BEGIN THE TESTIMONY WE ARE NOW READY TO PROCEED. ARE THERE ANY QUESTIONS? Page 3 of 5 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

41 PARTY WITH BURDEN OF PROOF GOES FIRST. CROSS EXAMINATION OTHER PARTY CROSS EXAMINATION CONCLUDE WITH PARTY WITH BURDEN OF PROOF. ENDING THE TESTIMONY DOES EITHER SIDE HAVE ANYTHING FURTHER TO PRESENT? DOES EITHER SIDE WANT TO MAKE A BRIEF CLOSING STATEMENT? THANK YOU FOR PRESENTING YOUR CASES. I WILL REVIEW ALL OF THE EVIDENCE AND TESTIMONY AND THEN MAKE MY REPORT. THE DECISION WILL BE MAILED WITHIN 10 DAYS TO THE TENANT/PARTICIPANT AND A COPY SENT TO THE PHA REPRESENTATIVE. WHAT IS YOUR CORRECT MAILING ADDRESS? ARE THERE ANY QUESTIONS? THIS CONCLUDES THIS HEARING. THE TIME IS. Page 4 of 5 Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

42 Requirements of Decision 1. Date: 2. Time: 3. Place: 4. Attendees: 5. Testimony: 6. Documents: 7. Date notice was given: 8. Request for hearing date: 9. Representative: 10. Synopsis of facts: 11. Decision: 12. Signature 13. Date of Mailing Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

43 CASE: DATE: WITNESS LIST Name Address Signature Phone Name Address Signature Phone Name Address Signature Phone Name Address Signature Phone Name Address Signature Phone Annual HADA Seminar 2014: C. Michael ( Mickey ) McInnish

44 Reasonable Accommodations and Medical Marijuana John Eagan

45 John Eagan Practice Areas Litigation Bar Admissions Massachusetts District of Columbia U.S. District Court, District of Massachusetts First Circuit Court of Appeals American Bar Association Massachusetts Bar Association Boston Bar Association Defense Research Institute Massachusetts Defense Lawyers Association Contact Direct #: (617) Fax #: (617) Litigation: Trial attorney with over 30 years experience in a wide variety of product liability, toxic tort, asbestos, personal injury, property damage, fire, professional liability, housing and employment discrimination, insurance coverage and bad faith, and other claims. Has tried over 75 cases to verdict and has briefed and argued over 30 appeals. Professional and Community Involvements Arbitrator, Massachuestts Bar Association Fee Arbitration Board Former Moderator and Chairman of Board of Trustees, Melrose Highlands Congregational Church Various alumni activities, Bates College and Catholic University Law School Education Catholic University of America, J.D., 1981 Bates College, B.A., 1974

46 HAI Group SM 189 Commerce Court, Cheshire, CT HAI Group is a registered trademark for a family of affiliated companies which includes Housing Authority Risk Retention Group, Inc.; Housing Authority Property Insurance, A Mutual Company; Housing Enterprise Insurance Company, Inc.; Housing Insurance Services, Inc. (DBA Housing Insurance Agency Services in NY and MI); Housing Authority Insurance, Inc.; Housing Telecommunications, Inc.; Satellite Telecommunications, Inc.; Housing Investment Group, Inc.; and Housing Systems Solutions, Inc. Sally is a long-term, responsible tenant in public housing development. Recently diagnosed with cancer. Treatment includes aggressive radiation and chemotherapy. Side effects of treatment include nausea, loss of appetite, and insomnia. Sally experiences all three. Annual HADA Seminar 2014: John Eagan

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