IMLA s 73rd Annual Conference

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1 I N T E R N AT I O N A L M U N I C I PA L L A W Y E R S A S S O C I AT I O N IMLA s 73rd Annual Conference September 14 17, 2008 Caesars Palace Hotel Las Vegas, Nevada High Stakes in Uncertain Times: Winning Strategies For Municipal Lawyers! A V I V Law s Ve gas

2 IMLA Board of Directors President Robert M. White Albuquerque, New Mexico First Vice President Susan C. Rocha Cibolo, Texas Second Vice President DeWitt F. McCarley Charlotte, North Carolina Third Vice President Thomas W. Kelty General Counsel Buffalo, Illinois Treasurer and Secretary Jay B. Doegey Arlington, Texas General Counsel and Executive Director Charles W. Thompson, Jr. Bethesda, Maryland Contents Welcome... 1 Las Vegas Host Committee... 1 Sponsors and Contributors... 2 Exhibitors Program Planning Committee... 4 General Information... 4 Program... 5 Plan Your Day Program-at-a-Glance Speakers Biographies IMLA s Local Government Fellows Charles S. Rhyne Award Recipients Canadian Scholarship Fund Regional Vice Presidents IMLA Future Conferences & Seminars IMLA Communications Corner IMLA State Chairs IMLA Past Presidents IMLA badge required for admission to all social and professional events. Mary Ellen Bench City Solicitor Mississauga, Ontario, Canada Sheryl King Benford General Counsel Cleveland Regional Transit Authority Cleveland, Ohio Daniel P. Blondin Highwood, Illinois Stephen P. Chinn Fairway, Kansas Wayne Esannason Village Attorney Scarsdale, New York Dennis J. Herrera San Francisco, California DIRECTORS Immediate Past President James L. Abshier (Retired) Sioux City, Iowa Bradford R. Jerbic Las Vegas, Nevada G. Foster Mills Managing Corporation Counsel New York City, New York Steven W. Moore Yuma, Arizona Andrew L. Romanet, Jr. General Counsel North Carolina League of Municipalities Raleigh, North Carolina Andrew J. Whalen, III Griffin, Georgia

3 Viva Laws Vegas Welcome to the Entertainment Capital of the World! We are honored that the Board of Directors chose our city to host IMLA s 73rd Annual Conference. Las Vegas continues to capture the imagination of more than 39 million visitors from around the world every year. With world-class hotels, restaurants, spas, shopping, golf courses, spectacular entertainment and a Downtown that is undergoing a dramatic renaissance, Las Vegas is the place to live, work and play! In 2005, Las Vegas celebrated its 100th birthday. Spanish for The Meadows, Las Vegas has a rich and diverse history which includes Mormon settlements, mining, the railroad, gaming, organized crime, nuclear and atomic testing, a strategic military facility and one of the largest federal public works projects ever undertaken Hoover Dam. While you are visiting our city, make it yours. Take advantage of all that Las Vegas has to offer. Not just the excitement and bright lights of the Strip, but go explore the surrounding areas and discover Red Rock Conservation Area, Mount Charleston, Hoover Dam and Lake Mead. At 550 square miles, Lake Mead is the nation s largest man-made lake and Las Vegas main source of water. Have a great conference! LAS VEGAS HOST COMMITTEE The success of our Las Vegas Conference is directly attributable to the hard work of our host committee. Each played an important role and dedicated a lot of time and energy to making our Conference not only a success, but great fun. Please join us in thanking this year s host committee. Bryan K. Scott, Assistant Teresita Ponticello, Chief Deputy James B. Lewis, Deputy Esther Boyter, Management Analyst Ceceli Green, Executive Assistant Jack Eslinger, Volunteer Coordinator Betsy Comella, Legal Assistant Jeff Andrews, Legal Assistant In addition to this program booklet, you have received a handy small pocket program to carry easily in your badge holder. This pocket program was made possible by the generous support of Municipal Code Corporation. 1

4 IMLA extends its sincere appreciation to the following sponsors of the Host Committee for the 73rd Annual Conference in Las, Vegas: $25,000 Las Vegas Convention and Visitors Authority $10,000 City of Henderson City of Las Vegas City of North Las Vegas Comcast Cox Communications Thomson Reuters $5,000 Mayor Oscar B. Goodman Forest City Nevada Power Swendseid & Stern $4,000 City of Las Vegas Redevelopment Agency $3,000 BMI $1,500 Miller & Van Eaton, PLLC Nick Niarchos Santoro, Driggs, Walch, Kearney, Holley & Thompson UNLV William S. Boyd School of Law $1,272 Nashville $1,000 Ed Lubbers $500 Republic Service $100 Bryan Scott 2 In Kind Donations Station Casinos

5 IMLA wishes to thank the following generous contributors to the International Municipal Lawyers Association and its 73rd Annual Conference: In Appreciation The success of IMLA s conferences and seminars is due in large part to the contributions of IMLA members and other municipal and government practitioners who volunteer their time and energy to prepare papers and make presentations. IMLA is grateful to these dedicated individuals who share their expertise with us. Adrian Herbst / Baller Herbst Law Group We are especially grateful to those speakers who are not IMLA members, but who contribute their time as panelists and share with us their knowledge of issues affecting local governments. Due to the tireless efforts of all our volunteers, we anticipate an extremely successful and informative Annual Conference.

6 EXHIBITORS Please visit our exhibitors booths located near the IMLA Registration Desk. American Legal Publishing Corporation Cincinnati, Ohio Cycom Data Systems, Inc. Long Beach, California FOIA Systems Geneva, Illinois General Code Rochester, New York International Sign Association Alexandria, Virginia Legal Files Software, Inc. Springfield, Illinois Lexis Nexis Bellevue, Washington Municipal Code Corporation Tallahassee, Florida PinnacleOne, Inc. Middletown, Connecticut ProLaw a Thomson Reuters Business Eagan, Minnesota Thomson Reuters Eagan, Minnesota PROGRAM PLANNING COMMITTEE Mark Hayes, Chair General Counsel Arkansas Municipal League Little Rock, Arkansas Members Barbara Adams Village Attorney Kenilworth, Illinois Mary Ellen Bench City Solicitor Mississauga, ON, Canada Stephen P. Chinn Fairway, Kansas Robert S. Croom Assistant Director of LLA South Carolina Association of Counties Columbia, South Carolina Sam H. Edwards Legal Counsel Greater Nashville Regional Counsel Nashville, Tennessee Timothy S. Hollister Town Attorney Colchester, Connecticut Frank B. Gummey, III New Smyrna Beach, Florida General Information James B. Lampke Town Counsel Hull, Massachusetts DeWitt F. McCarley Charlotte, North Carolina Karen M. McDonald Fayetteville, North Carolina Susan J. Moore General Counsel Georgia Municipal League Atlanta, Georgia Bryan Scott Assistant Las Vegas, Nevada Ken Smith Deputy Executive Director Alabama League of Municipalities Montgomery, Alabama Randall Van Vleck General Counsel New Mexico Municipal League Santa Fe, New Mexico Eileen Wells Mankato, Minnesota Welcome to IMLA s 73rd Annual Conference. If you have any questions or need assistance at any time during the Conference, an IMLA staff member will be happy to assist you. IMLA staff members are wearing blue name badges. The IMLA registration desk will open at 8:00 a.m. Sunday, Monday, and Tuesday, September and close at 5:00 p.m. The registration desk hours will be from 7:30 a.m. to 12:00 noon on Wednesday, September 17. IMLA registration is located at the Tiberius Registration Desk. For your convenience, a message board has been placed near the IMLA registration desk. Messages for attendees will be posted on the message board throughout the Conference. For speaker paper access, go to for instructions. CLE To receive CLE credits for attending this Conference, it is imperative that you return the CLE Questionnaire and the Certification of Attendance form (available at the IMLA registration area) to the IMLA CLE table located at the Tiberius Registration Desk by 12:00 noon on Wednesday, September 17, CLE credits for the Conference have been requested from every state with mandatory continuing legal education requirements. For more information about certification, please contact your appropriate state agency. For questions while you are attending the Conference, see Trina Shropshire-Paschal at the IMLA registration desk.

7 2008 Annual Conference September 14-17, 2008 Caesars Palace Hotel Las Vegas, Nevada High Stakes in Uncertain Times: Winning Strategies For Municipal Lawyers NOTE: To find your way around the Conference Hotel, please refer to the comprehensive map provided during your hotel check-in and/or during IMLA Conference Registration. In order to make your Conference a smooth and pleasant experience, also look for IMLA Event Volunteers in GOLD SHIRTS to help guide you to your destination. PROGRAM Saturday, September 13, 2008 Board of Directors Meeting 8:00 a.m. 12 Noon Imperial Boardroom Sunday, September 14, 2008 Golf 7:30 a.m. Tee NOTE: This event requires separate registration and payment. BUS DEPARTS at 6:00 a.m. by Coliseum Entrance. Look for Volunteers in Gold Shirts to help direct you to buses. Registration & Exhibitors Tiberius Registration Desk 8:00 a.m. 5:00 p.m. Communications Corner 12 Noon 5:00 p.m. Regalium Complimentary and computer service Institute for Local Government Lawyers Faculty Breakfast 8:00 a.m. 9:00 a.m. Majestum In-Depth Presentation Telecommunications (Part I) 8:45 a.m 10:15 a.m. Tiberius 1,2,5,6 Moderator: John Pestle Grandville, Michigan Municipal Wi-Fi How to Draft an Anchor Tenant Contract Brian T. Grogan Moss & Barnett, P.C. Minneapolis, Minnesota A Look at the Springfield Case from the 8th Circuit and an Update on the Pending Missouri Gross Receipts Tax Class Action Howard Paperner Winchester, Missouri Broadcast Digital Television Transition Juan Otero Senior Director Government Affairs COMCAST Cable Philadelphia, Pennsylvania Counties and Special Municipal Districts Department 9:00 a.m. 10:00 a.m. Tiberius 4 Chair: Herbert W.A. Thiele County Attorney Leon County, Florida Honest Services and Misuse of Office Herbert W.A. Thiele County Attorney Leon County, Florida Institute for Local Government Lawyers (Part I) 9:00 a.m. Noon Claudius I This event requires separate registration and payment. Lunch is included for ILGL registered attendees. Sponsorship for the Institute for Local Government Lawyers (ILGL) is generously provided by the Municipal Code Corporation. Moderator: William I. Thornton, Jr. (Retired) Durham, North Carolina The Cold Sweats You ve Just Been Appointed the City/County Attorney Henry W. Underhill, Jr. Former Executive Director/General Counsel (Retired) International Municipal Lawyers Association Seattle, Washington 5

8 Sunday, September 14, 2008 continued Public Records/Open Meetings David M. Lawrence Assistant Director Institute of Government University of North Carolina Chapel Hill, North Carolina Municipal Finance J. Rita McNeil Vice President of Government Affairs Cincinnati USA Regional Chamber Cincinnati, Ohio Dealing with the Press DeWitt F. Mac McCarley Charlotte, North Carolina IMLA Orientation Ready, Set, Go! 9:30 a.m. 10:00 a.m. Tiberius 3 A familiarization session on IMLA services and attending an annual conference. Warren P. Kraft McFarland, Wisconsin Coffee Break Networking 10:15 a.m. 10:30 a.m. Tiberius Foyer Environmental Section and Land Use Section Joint Meeting 10:30 a.m. 11:30 a.m. Majestum Chairs: Martha Rupp Carter Attorney Tulsa Health Department Tulsa, Oklahoma and Barbara A. Adams Village Attorney Kenilworth, Illinois In-Depth Presentations (3 Options) 10:30 a.m. Noon Water, Water, Everywhere! Tiberius 4 Moderator: Adrian Gardner General Counsel Maryland National Capital Park and Planning Commission Riverdale, Maryland An Epidemic of Pinhole Leaks in Copper Pipe A Water Utility s Response Joel A. Kramer Office of General Counsel Washington Suburban Sanitary Commission Laurel, Maryland Legal Concerns Associated with Large Diameter Water Main Breaks Laura Swisher Office of General Counsel Washington Suburban Sanitary Commission Laurel, Maryland Telecommunications (Part II) Tiberius 1,2,5,6 The Future of Cable Franchising / FCC and 6th Circuit Federalization Joseph Van Eaton Miller and Van Eaton Washington, D.C. How to Improve Local Rights-of-Way Controls While Ensuring Fairness Among Conflicting Broadband Competitors Adrian E. Herbst Baller Herbst Law Group, P.C. Minneapolis, Minnesota Personnel and Employment: Retaliation, Harassment, and Accommodation Tiberius 3 Moderator: Martha Sepeda Deputy San Antonio, Texas 6

9 Retaliation Claims Beyond Title VII: Practice Tips Frank Waite Thompson and Knight LLP Dallas, Texas An Update on Harassment and Discrimination Retaliation in Employment Relations Daniel D. Crean Legal Consultant Primex3 New Hampshire Public Risk Management Exchange, Concord, New Hampshire Crean Law Office, Pembrooke, New Hampshire ADA Accommodation Claims Update Andrew Ching Tempe, Arizona State League Counsel and Municipal Attorneys Association Department 10:30 a.m. Noon Tiberius 7 Chair: Susan Moore General Counsel Georgia Municipal Association, Inc. Institute for Local Government Luncheon and First Time Attendee Luncheon Noon 1:00 p.m. Claudius II Institute for Local Government Lawyers (Part II) 1:00 p.m. 4:00 p.m. Claudius I Ordinance Drafting William J. Kearns, Jr. General Counsel New Jersey State League of Municipalities Willingboro, New Jersey Zoning Judith Wegner Professor University of North Carolina School of Law Chapel Hill, North Carolina Personnel Law Eunice Gibson Attorney at Law Madison, Wisconsin Parliamentary Procedure A. Fleming Bell, II Professor of Public Law & Government School & Institute of Government University of North Carolina Chapel Hill, North Carolina Mobile Land Use Workshop 1:00 4:00 p.m. NOTE: Separate registration required. BUSES BOARD at 12:30 p.m. for departure from the Coliseum in Caesars Palace hotel. A bag lunch will be provided. Look for Volunteers in gold shirts to help direct you to buses. Gaming Instructions 3:00 p.m. 7:00 p.m. Tiberius NOTE: A chance to learn from the experts in Vegas. See IMLA Registration Desk for details. Welcome Reception 7:00 p.m. 8:30 p.m. Garden of the Gods Pool Area at Caesars Palace LOVE by Cirque de Soleil Showtime 10:00 pm. at the MIrage Ticket Information Note: This event required advance ticket purchase. Please pick up your tickets at the IMLA Registration Desk before 5:00 p.m. Monday, September 15, 2008 Registration & Exhibitors 8:00 am 5:00 p.m. Tiberius Registration Desk Speaker s Green Room Imperial Boardroom Speakers for Monday Session Only Communications Corner 8:00 a.m. 5:00 p.m. Regalium Complimentary and computer service Opening Ceremonies 8:15 a.m. 8:30 a.m. Tiberius 1,2,5,6 7

10 Monday, September 15, 2008 continued American Anthem and Canadian Anthem Bruce Noble, Q.C. City Solicitor Fredericton, New Brunswick, Canada Work Session I: Homelessness and Housing Municipal Strategies for Preventing, Managing, and Ending Homelessness 8:30 a.m. 10:00 a.m. Tiberius 1,2,5,6 This broad-brush overview will include Ten Year Plans to end homelessness, strategies to prevent the loss of homes through foreclosures, creating affordable housing, and strategies to managing panhandling, homeless encampments, services and facilities for homeless people, criminal enforcement. Moderator: George A. Nilson City Solicitor Baltimore, Maryland Anna Kinastowski City Solicitor Toronto, Ontario, Canada Tulin Ozdeger Civil Rights Director National Law Center on Homelessness & Poverty Washington, DC Orlando Sanchez Deputy City Manager Las Vegas, Nevada Work Session II: Law Office Management New Challenges and Best Practices 8:30 a.m. 10:00 a.m. Tiberius 3,4,7,8 Moderator: Wayne Esannason Village Attorney Scarsdale, New York Performance Evaluations How to Conduct a Successful Evaluation G. Foster Mills Managing Corporation Counsel New York City, New York Flexing Forward: What s Your Vision? Mary Ellen Bench City Solicitor Mississauga, Ontario, Canada Coffee Break Networking 10:00 a.m. 10:15 a.m. Tiberius Foyer Work Session III: Homelessness & Housing 10:15 a.m. 11:45 a.m. Tiberius 1,2,5,6 A review of Street to Home and the Housing First model for ending homelessness: What is the model, and what have city experiences been implementing it? Moderator: Suzanne Sangree Chief Solicitor Baltimore, Maryland Jose Egurbide Assistant Supervising Deputy Los Angeles, California and Juanita Maginley Program Manager Outreach STI/HIV Prevention Control British Columbia Center for Disease Control Vancouver, British Columbia Canada and Rebecca Becky Kanis Common Ground Director of Innovations New York, New York Work Session IV: Hot, Hot, HOT! Nuclear Waste and Breaking News 10:15 a.m. 11:45 a.m. Tiberius 3,4,7,8 Moderator: Timothy S. Hollister Town Attorney Colchester, Connecticut Yucca Mountain: A Bad Bet for America Marta Adams Senior Deputy Attorney General State of Nevada Carson City, Nevada 8

11 Municipalites Efforts to Ban or Otherwise Regulate the Transportation of Hazardous Materials Barry S. Neuman Carter Ledyard & Milburn, LLP Washington, D.C. Rapidly Emerging Municipal Securities Market Issues Robert W. Doty President American Governmental Financial Services Company Sacramento, California Luncheon 11:45 a.m. 1:15 p.m. Augustus Ballroom Luncheon Speaker: The Honorable Mayor Oscar B. Goodman Las Vegas, Nevada Telecommunication Work Session 1:15 p.m. 2:15 p.m. Claudius 1,2 700MHz coming soon to your location. This is a tutorial on the technology, policy and legal problems associated with the rebuilding of public safety radio networks into modern, high capacity, interoperable systems using the newly available 700 MHz spectrum. These systems will be able to serve public safety as well as other mobile local government requirements. But they are expensive, complex and require understanding and thoughtful implementation. 700 MHz Public Safety Wireless System Buildouts: Big Systems, Big Costs, Big Opportunities for Cities Nicholas Miller Miller & Van Eaton and Gregory A. Munchrath, P.E. Sr. Vice President & Western Div. Manager RCC Consultants, Inc. Houston, Texas Six Concurrent Work Sessions & Panel Discussions 1:15 p.m. 2:15 p.m. NOTE: To allow you more flexibility, the following six sessions will take place from 1:15 p.m. 2:15 p.m. and will be repeated from 2:30 p.m. 3:30 p.m. 1. Election Laws Tiberius 1 Co-Sponsored by the ABA s Section on State and Local Government Law Vincent Fontana The Firm of Vincent Fontana, LLP Garden City, New York and Benjamin E. Griffith Griffith & Griffith Cleveland, Mississippi 2. Large Population Centers Tiberius 2 Chairs: Dennis J. Herrera San Francisco, California G. Foster Mills Managing Corporation Counsel New York City, New York 3. Music Licensing & Your Local Government Tiberius 3 Jeff Burrow Director of Legal and Business Affairs BMI Nashville, Tennessee and Larry Stevens AVP General Licensing BMI Nashville, Tennessee 4. Trademark Nuts and Bolts: How to Trademark Your City s Slogan or Sign Tiberius 4 Holly O. Whatley Colantuono & Levin Los Angeles, California 5. Municipal Landfill Issues and Resolutions Tiberius 5 Robert J. Kerwin Tarlow, Breed, Hart & Rodgers, P.C., Boston, Massachusetts and Kerry T. Ryan Tarlow, Breed, Hart & Rodgers, P.C. Boston, Massachusetts 9

12 Monday, September 15, 2008 continued 6. Fourth Amendment Use of Force Model Tiberius 6 Luis Robles Robles, Rael & Anaya, P.C. Albuquerque, New Mexico Coffee Break Networking 2:15 p.m. 2:30 p.m. Tiberius Foyer Repeat Prior Six Concurrent Work Sessions and Panel Discussions (see above) 2:30 p.m. 3:30 p.m. IMLA/Municipal Code Corporation (MCC) ListServ Get-Together 3:45 p.m. 4:45 p.m. Tiberius 7 Four Concurrent Work Sessions and Panel Discussions 3:45 p.m. 5:00 p.m. NOTE: These sessions will NOT be repeated. 1. Code Enforcement Against Foreclosed Properties Tiberius 1 John Kelly Addy Deputy Billings, Montana James B. Lampke Town Counsel Hull, Massachusetts Brad D. Bailey Assistant Littleton, Colorado 2. Group Homes: Transitional Housing/ Group Home Complaint Investigations Tiberius 5 Gregory P. Priamos Riverside, California 3. Mediation Strategy: ADR Techniques and Strategies for the Local Government Lawyer Tiberius 3 Daniel P. Dozier Press, Potter & Dozier Bethesda, Maryland 4. Traffic Cameras Tiberius 4 Jane E. Dueker Of Counsel Stinson Morrison Hecker LLP Saint Louis, Missouri Kory Nelson Deputy Denver, Colorado MYSTERE by Cirque du Soleil Showtime 9:30 p.m. at Treasure Island Ticket Information Note: This required advance ticket purchase. Please pick up your tickets at the IMLA Registration Desk before 5:00 p.m. Tuesday, September 16, 2008 *The Canadian Department Programming will run concurrently all day on Tuesday see below for program details. Past President s Breakfast 7:30 a.m. 8:30 a.m. Senate Boardroom Registration and Exhibitors 8:00 a.m. 5:00 p.m. Tiberius Registration Desk Communications Corner 8:00 a.m. 5:00 p.m. Regalium Speaker s Green Room Imperial Boardroom Tuesday Speakers Only 10

13 Work Session V: Local Governments and Gaming 8:30 a.m. 10:00 a.m. Tiberius 1,2,5,6 Moderator: Susan Segal Minneapolis, Minnesota Secondary Effects of Gambling Uses Michael J. Watza Kitch Drutchas Wagner Valitutti & Sherbrook Detroit, Michigan American Indian Sovereignty and Gaming Robert J. Miller Professor of Law Lewis & Clark Law School Portland, Oregon Work Session VI: Construction Law Update 8:30 a.m. 10:00 a.m. Tiberius 3,4,7,8 Moderator: Roy Cooper, P.E. Assistant Vice President PinnacleOne, Inc. Middletown, Connecticut Improving the House Odds Risk Allocation in Construction Contracts Edwin Levy Senior Counsel Commercial Real Estate Litigation New York City, New York and John Markovs Associate County Attorney Montgomery County Maryland and Christopher J. Petrini Town Counsel Framingham, Massachusetts and John Rannestad Senior Consultant PinnacleOne, Inc. Middletown, Connecticut Canadian Department Program 8:45 a.m. 11:45 a.m. Majestum 8:45 a.m. Introductory Remarks Ralph Hildebrand Canadian Department Chair Corporate Counsel Greater Vancouver Regional District British Columbia 9:00 a.m. 9:30 a.m. Municipal Bidding Prohibitions Against Litigating Bidders: The York Region Experience Dan Kuzmyk Senior Counsel The Regional Municipality of York Ontario 9:30 a.m. 10 a.m. New Trends in Building Department Liability: Class Actions and Subrogated Claims Christine G. Carter Paterson MacDougall Toronto, Ontario Coffee Break Networking 10:00 a.m. 10:15 a.m. Tiberius Foyer 10:20 a.m. 10:50 a.m. The Ruling by the Supreme Court of Canada in Dunsmuir v. New Brunswick, and its Implication for Municipalities Basile Chiasson, Q.C. Chiasson & Roy Bathurst, New Brunswick 10:50 a.m. 11:20 a.m. The Challenge of Downtown Improvement Who Wins, Who Loses, and is There Any Win-Win Solution? George Wilkki City Solicitor Windsor, Ontario 11:20 a.m. 11:45 a.m. Short Snappers: Open Forum Discussion (Time Permitting) 11

14 Tuesday, September 16, 2008 continued Coffee Break Networking 10:00 a.m. 10:15 a.m. Tiberius Foyer Work Session VII: Defending the Police 10:15 a.m. 11:45 a.m. Tiberius 1,2,5,6 The panel discussion will include an historical analysis of constitutional use-of-force models and presentation of legal issues/strategies to consider when defending excessive force cases including an update on recent legal issues associated with the TASER (r) Electronic Control Device. Planning for a Sustainable Nevada: Cooperative Solutions and Responsible Water Resource Development Ken Albright, P.E. Director of Groundwater Resources Southern Nevada Water Authority Las Vegas, Nevada Water Adequacy Law and Conservation Measures Edward G. Rheinheimer County Attorney Cochise County, Arizona Tuesday Luncheon and Presentation of Awards 11:45 a.m. 1:30 p.m. Augustus Ballroom Moderator: Lawrence Cooper Birmingham, Alabama Canadian Department Program (Afternoon) 1:30 p.m. 4:00 p.m. Majestum Patricia P. Via Chief, Division of Litigation Montgomery County, Maryland Michael A. Brave National Litigation Counsel TASER International, Inc. Scottsdale, Arizona Mark Newbold Deputy B Police Charlotte, North Carolina Work Session VIII: Water Law: Looking to the Future 10:15 a.m. 11:45 a.m. Tiberius 3,4,7,8 Moderator: Ronald Sharp Gatlinburg, Tennessee Policy Agenda Connecting Energy, Climate & Water Adell Amos Assistant Professor University of Oregon School of Law Eugene, Oregon 1:30 p.m. 2:00 p.m. The Carbon Tax Act and Cap and Trade Legislation Craig MacFarlane City Solicitor Surrey, British Columbia 2:00 p.m. 2:30 p.m. Municipal Interests and the Rights of First Nations: An Extension of the Duty to Consult Sachin Persaud Boghosian and Associates Toronto, Ontario 2:30 p.m. 3:00 p.m. The Use of Municipal Corporations and Service Boards Jennifer Smout Solicitor, City of London London, Ontario 3:00 p.m. 3:30 p.m. Municipal Regulation of Signs and the Charter of Rights Naomi Brown (Canadian Scholarship Recipient 2008) City of Toronto, Legal Services Litigation Division Toronto, Ontario 3:30 p.m. 3:45 p.m. Stretch Break 3:45 p.m. 4:00 p.m. Municipal Law Cage Match 12

15 Tuesday Afternoon Concurrent Work Sessions and Panel Discussions Work Session IX: Telecom 1:30 p.m. 2:30 p.m. Tiberius 1, 2 Update on Recent 47 USC Section 253 Litigation and Issues Local Governments Need to Consider Kenneth Brunetti Miller & Van Eaton San Francisco, California FCC and Current Telecommunications Issues Kathy Zachem Vice President of Regulatory Affairs COMCAST Washington, D.C. Work Session X: Fences and Foreigners: Illegal Immigration Issues of the 21st Century 1:30 p.m. 2:30 p.m. Tiberius 3, 4 This session will continue from 2:45 p.m. to 3:45 p.m. Moderator: Benjamin E. Griffith Griffith & Griffith Cleveland, Mississippi Policy Discussion: Update on the Case Law Why Laws Like In Hazelton, Pleasant Valley and Farmers Branch are Good and Why They Are Bad Nina Perales Southwest Regional Counsel Mexican American Legal Defense and Educational Fund (MALDEF) San Antonio, Texas Changing Landscape of Day Laborer Regulations Scott Howard Glendale, California Authority of Local Police to Arrest for Non-Criminal Immigration Violations Leon Rodriguez County Attorney Montgomery County, Maryland The Authority of Local Governments to Enact Ordinances that Discourage Illegal Immigration Kris W. Kobach Professor of Law University of Missouri Kansas City Law School Kansas City, Kansas Coffee Break Networking 2:30 p.m. 2:45 p.m. Tiberius Foyer Six Concurrent Work Sessions and Panel Discussion 2:45 p.m. 3:45 p.m. NOTE: To allow you more flexibility, the following six sessions will take place from 2:45 p.m. 3:45 p.m. and will be repeated, except Session 6, from 4:00 p.m. 5:00 p.m. Session 6 will NOT be repeated. 1. Sex Offenders & Residency Restrictions Tiberius 5 Dwight H. Merriam Robinson & Cole, LLP Hartford, Connecticut 2. ADA: Title II of the ADA; Constructing Accessible Public Rights-of-Way and Reducing Exposure for Plaintiffs Attorney Fees in the Process Tiberius 6 Abigail Elias Chief Assistant Ann Arbor, Michigan 3. Animal Control: Regulating Dangerous Dogs To Ban or Not to Ban Tiberius 7 John Joye Police Attorney Charlotte, North Carolina 4. Parliamentary Procedure and Other Rules and Procedures for Municipalities Tiberius 8 Moderator: A. Fleming Bell, II Professor of Public Law and Government University of North Carolina at Chapel Hill School of Government Chapel Hill, North Carolina 4. Parliamentary Procedure continues 13

16 Tuesday, September 16, 2008 continued Wednesday, September 17, Parliamentary Procedure (continued) John Kelly Addy Deputy Billings, Montana Brad D. Bailey Assistant Littleton, Colorado Dottie Palumbo Highland Village, Texas 5. Regulating Political SIgns and Related First Amendment Issues Claudius 3 Deborah J. Fox Meyers Nave Los Angeles, California Douglas C. Haney Carmel, Indiana 6. Illegal Immigration Issues Continuation of Work Session X Tiberius 3,4 Darrel Huenergardt Kimball, Nebraska Repeat of Afternoon Work Sessions and Panel Discussions (Except Session 6, Illegal Immigration) 4:00 p.m. 5:00 p.m. Helen Valkavich Assistant San Antonio, Texas International Committee Business Meeting 4:00 p.m. 5:00 p.m. Tiberius 5 Softball 5:30 p.m. NOTE: This requires separate registration. The BUS DEPARTS at 4:30 p.m. from the hotel by Coliseum. Look for volunteers in gold shirts to help direct you to buses. Cher The Show Showtime 7:30 p.m. at Caesars Palace Ticket Information Note: This required advance ticket purchase. Please pick up your tickets at the IMLA Registration Desk before 5:00 p.m. Registration & Exhibitors 7:30 a.m. Noon Tiberius Registration Desk NOTE: Please turn in your CLE Evaluation Form to the Registration Desk by Noon. Communications Corner 8:00 a.m. 10:00 a.m. Regalium Speaker Green Room Imperial Boardroom Wednesday Speakers Only Business Meeting 7:30 a.m. 8:15 a.m. Tiberius Work Session XI Ethics: Anatomy of a Hoax: The Duke Lacrosse Case and a Public Lawyer s Duty 8:15 a.m. 9:45 a.m. Tiberius James Cooney, Esq.* Mr. Cooney successfully represented one of the young men charged in the Duke Lacrosse Case. In the course of doing so, Mr. Cooney and the defense team proved that the players were not only innocent, but that the charges against them were fabricated. The case demonstrates the power a public official can wield and the crucial role ethical behavior plays in a criminal prosecution and can be extrapolated into a thought provoking discussion of the role of public lawyers and their duty under the Rules of Professional Conduct and to the public. Moderator: DeWitt Mac McCarley Charlotte, North Carolina James P. Cooney, III * Womble Carlyle Sandridge & Rice, PLLC Charlotte, North Carolina Bradford R. Jerbic Las Vegas, Nevada 14

17 Marion J. Radson Gainesville, Florida Carie Torrence North Las Vegas, Nevada Time 7:00 a.m. Plan Your Day Sunday Sept. 14 Monday Sept. 15 Tuesday Sept. 16 Wed. Sept. 17 Work Session XII: Planning and Zoning 10:00 a.m. 11:30 a.m. Tiberius 8:00 a.m. Moderator: Deborah J. Spinner Mesa, Arizona You Want What? Three Development Agreement Provisions that Are Very Important to Municipalities, but are Always Hotly Negotiated Todd A. LaSala Stinson Morrison Hecker LLP Kansas City, Missouri 9:00 a.m. 10:00 a.m. 11:00 a.m. 12:00 Noon The 13th Annual Thomson West Zoning and Planning Law Report Awards The Most Remarkable, Unusual and Often Humorous Land Use Cases of The Last Year Dwight H. Merriam Robinson & Cole, LLP Hartford, Connecticut 1:00 p.m. 2:00 p.m. Adjournment 3:00 p.m. 4:00 p.m. 5:00 p.m. 6:00 p.m. 7:00 p.m. 8:00 p.m. 15

18 PROGRAM-AT-A-GLANCE Saturday, September 13, :00 a.m. 12 Noon Board of Directors Meeting Imperial Boardroom Sunday, September 14, :30 a.m. Tee Golf NOTE: This event requires separate registration and payment. BUS DEPARTS at 6:00 a.m. by Coliseum Entrance. Look for Volunteers in gold shirts to help direct you to buses. 8:00 a.m. 5:00 p.m. Registration & Exhibitors Tiberius Registration Desk 8:00 a.m. 9:00 a.m. Institute for Local Government Lawyers Faculty Breakfast Majestum 12 Noon 5:00 p.m. Communications Corner Regalium 8:45 a.m. 10:15 a.m. In-Depth Presentation Telecommunications (Part I) Tiberius 1,2,5,6 9:00 a.m. 10:00 a.m. Counties and Special Municipal Districts Department Tiberius 4 9:30 a.m. 10:00 a.m. IMLA Orientation Ready, Set, Go! Tiberius 3 9:00 a.m. Noon Institute for Local Government Lawyers (Part I) Claudius I 10:15 a.m. 10:30 a.m. Coffee Break Networking Tiberius Foyer 10:30 a.m. 11:30 a.m. Environmental Section and Land Use Section Joint Meeting Majestum 10:30 a.m. Noon In-Depth Presentations Water, Water, Everywhere! Tiberius 4 Telecommunications (Part II) Tiberius 1,2,4,6 Personnel and Employment: Retaliation, Harassment, and Accommodation Tiberius 3 10:30 a.m. Noon State League Counsel and Municipal Attorneys Association Department Meeting Tiberius 7 Noon 1:00 p.m. Institute for Local Government Luncheon and First Time Attendee Luncheon Claudius II 1:00 p.m. 4:00 p.m. Institute for Local Government Lawyers (Part II) Claudius I Mobile Land Use Workshop NOTE: Separate registration required. BUSES BOARD at 12:30 p.m. for departure from the Coliseum in Caesars Palace hotel. A bag lunch will be provided. Look for Volunteers in gold shirts to help direct you to buses. 3:00 p.m. 7:00 p.m. Gaming Instructions Tiberius 7:00 p.m. 8:30 p.m. Welcome Reception Garden of the Gods Pool Area at Caesars Palace 10:00 p.m. Mirage Hotel LOVE by Cirque de Soleil This event required advance registration. Please pick up your tickets at the IMLA Registration Desk before 5:00 p.m. 16

19 Monday, September 15, :00 a.m. 5:00 p.m. Registration & Exhibitors Tiberius Registration Desk Speaker s Green Room Imperial Boardroom Speakers for Monday Session Only Communications Corner Regalium 8:15 a.m. 8:30 a.m. Opening Ceremonies Tiberius 1,2,5,6 8:30 a.m. 10:00 a.m. Work Session I: Homelessness and Housing Municipal Strategies for Preventing, Managing, and Ending Homelessness Tiberius 1,2,5,6 Work Session II: Law Office Management New Challenges and Best Practices Tiberius 3,4,7,8 10:00 a.m. 10:15 a.m. Coffee Break Networking Tiberius Foyer 10:15 a.m. 11:45 a.m. Work Session III: Homelessness & Housing Tiberius 1,2,5,6 Work Session IV: Hot, Hot, HOT! Nuclear Waste and Breaking News Tiberius 3,4,7,8 11:45 a.m. 1:15 p.m. Monday Luncheon Augustus Ballroom 1:15 p.m. 2:15 p.m. Telecommunication Work Session Claudius I/II Six Concurrent Work Sessions & Panel Discussions NOTE: These will be repeated again at 2:30 p.m. 1. Election Laws Tiberius 1 2. Large Population Centers Tiberius 2 3. Music Licensing and Your Local Government Tiberius 3 4. Trademark Nuts and Bolts: How to Trademark Your City s Slogan or Seal Tiberius 4 5. Municipal Landfill Issues and Resolutions Tiberius 5 6. Fourth Amendment Use of Force Model Tiberius 6 2:15 p.m. 2:30 p.m. Coffee Break Networking Tiberius Foyer 2:30 p.m. 3:30 p.m. Repeat Prior Six Concurrent Work Sessions and Panel Discussions 3:45 p.m. 4:45 p.m. IMLA/Municipal Code Corporation (MCC) ListServ Get-Together Tiberius 7 3:45 p.m. 5:00 p.m. Four Concurrent Work Sessions and Panel Discussions 1. Code Enforcement Against Foreclosed Properties Tiberius 1 2. Group Homes: Transitional Housing/ Group Home Complaint Investigations Tiberius 5 17

20 Monday, September 15, 2008 continued 3. Mediation Strategy: ADR Techniques and Strategies for the Local Government Lawyer Tiberius 3 4. Traffic Cameras Tiberius 4 7:30 p.m. Treasure Island MYSTERE by Cirque du Soleil NOTE: This required advance ticket purchase. Pick up tickets at the IMLA Registration Desk before 5:00 p.m. Tuesday, September 16, :30 a.m. 8:30 a.m. Past President s Breakfast Ask Registration Desk for Room. 8:00 a.m. 5:00 p.m. Registration and Exhibitor Tiberius Registration Desk Communications Corner Regalium Speaker s Green Room Imperial Boardroom Tuesday Speakers Only 8:30 a.m. 10:00 a.m. Work Session V: Local Governments and Gaming Tiberius 1,2,5,6 8:30 a.m. 10:00 a.m. Work Session VI: Construction Law Update Tiberius 3,4,7,8 8:45 10:00 a.m. Canadian Department Program Majestum 10:00 a.m. 10:15 a.m. Coffee Break Networking Tiberius Foyer 10:20 a.m. 11:40 a.m. Canadian Department Program (Continued) Majestum 10:15 a.m. 11:45 a.m. Work Session VII: Defending the Police Tiberius 1,2,5,6 Work Session VIII: Water Law: Looking to the Future Tiberius 3,4,7,8 11:45 a.m. 1:30 p.m. Tuesday Luncheon and Presentation of Awards Augustus Ballroom 1:30 p.m. 4:00 p.m. Canadian Department Program (Afternoon) Majestum 1:30 p.m. 2:30 p.m. Tuesday Afternoon Concurrent Work Sessions and Panel Discussions Work Session IX: Telecom Tiberius 1, 2 Work Session X: Fences and Foreigners: Illegal Immigration Issues of the 21st Century Tiberius 3, 4 This session will continue from 2:45 p.m. to 3:45 p.m. 2:30 p.m. 2:45 p.m. Coffee Break Networking Tiberius Foyer 2:45 p.m. 3:45 p.m. Six Concurrent Work Sessions and Panel Discussion NOTE: These will be repeated at 4:00 p.m., with the exception of Session Sex Offenders & Residency Restrictions Tiberius 5 2. ADA: Title II of the ADA: Constructing Accessible Public Rights-of-Way the Right Way and Limiting Liability for Plaintiffs Attorney Fees Tiberius 6 18

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