2013 Fall Council Meeting

Vol. 37 No. 1

Thursday, October 24, 2013

2:00 p.m. to 3:00 p.m.—Acoma
Executive Committee Meeting
(Please allow 1½ hours for transport to Santa Fe from Albuquerque via shuttle or train.)

3:00 p.m. to 5:00 p.m.—Tesuque
Ethical “Red-Flags” for Public Lawyers: Responsibilities, Conflicts and More
Government Public Sector Lawyers Division
Co-sponsor: SLG Ethics Committee

(Included in the conference registration; you may also register as a stand-alone program, separately.)
Join your colleagues for an entertaining, interactive program focused on the ethical issues facing public lawyers. Topics include conflicts of interest for former and current government officers and employees, duties to former clients, supervisory lawyer responsibilities, the organization as a client, and more.
Gregory G. Brooker, Assistant U.S. Attorney, Minneapolis, MN
Theodore Campagnolo, Office of Attorney General, Phoenix, AZ
Briggs F. Cheney, Sheehan & Sheehan, PA, Santa Fe, NM
Jane Gagne, Assistant Disciplinary Counsel, New Mexico Disciplinary Board, Albuquerque, NM
Sharon E. Pandak, Greehan, Taves, Pandak & Stoner, PLLC, Woodbridge, VA

5:15 p.m. to 7:00 p.m.—Presidential Suite
Networking Reception and Book Signing
(Fracking and Town & Gown)
Guest Speaker: Gary King, New Mexico Attorney General

7:30 p.m. to 9:00 p.m.
Group Dinner: Taberna La Boca, 125 Lincoln Ave.
A Spanish-style tavern, Taberna La Boca is a space for gathering with friends, a cozy bar and outdoor patio where you can enjoy tapas, draft beer, wine, and sherry.
This is a ticketed event: $85 per person.

Friday, October 25, 2013
7:00 a.m. to 6:00 p.m.
Section Registration & Hospitality
7:00 a.m. to 8:00 a.m.—Tesuque
Breakfast

8:00 a.m. to 9:30 a.m.—Zuni
Water Is for Fighting: Land Use and Water in the Time of the Drought of the Century
SLG Committee: Land Use Planning and Zoning
There’s an old saying in the West: “Whiskey is for drinking, and water is for fighting.” In the midst of the heaviest drought in memory, who owns what water is left has become a major issue. The panelists will discuss the current system of water allocation, emphasizing continuing litigation over allocation of Rio Grande water between Texas/New Mexico; the Native American perspective on regional water issues; current water policies; and innovative use of both Rio Grande water and underground water in its aquifer to meet needs of a large city.
Moderator: Anita Miller, Albuquerque, NM
Conci Bokum, Water Consultant and Author, Santa Fe, NM
Amy Hardberger, Assistant Professor, St Mary’s School of Law, San Antonio, TX
John Stomp, Albuquerque/Bernalillo County Water Authority, Albuquerque, NM
Jeannette Wolfley, (Shoshone-Bannock Tribes), Assistant Professor of Law, University of New Mexico, Albuquerque, NM

9:45 a.m. to 10:45 a.m.—Zuni
Hot Topics in Smart Growth and Green Building
SLG Committee: Environmental and Energy Law
Along with the improving markets for housing and commercial development, smart growth initiatives and green building regulations will now have the opportunity to be more fully implemented. Hear local and national experts discuss the status of the initiatives and regulations and how they will shape future development in the improved economic environment.
Moderator: Scott Steady, Burr Forman, LLP, Tampa, FL
Jessica A. Bacher, Managing Director, Adjunct Professor, Land Use Law Center, Pace University School of Law, White Plains, NY
Jamie Blosser, AIA, Atkin Olshin Schade Architects, Santa Fe, NM
Patricia E. Salkin, Dean and Professor, Touro College of Law, Islip, NY
Kim Shanahan, Executive Officer, Santa Fe Area Home Builders Association, Santa Fe, NM

11:00 a.m. to 12:15 p.m.—Zuni
Financial Challenges to Local Government
SLG Committee: Government Operations, Public Finance
Local governments are squeezed between a constricted ability to provide funds and a heightened demand for public services. Explore creative and resourceful approaches to addressing stresses on financing local government functions.
Moderator: Steven F. Stapleton, Miller Canfield, Grand Rapids, MI
Stephen J. Adnopoz, Gonzalez Saggio, New York, NY
Steven D. Mann, Principal, Miller Canfield, Detroit, MI
Thomas Weathers
 (Aleut), Vasquez, Estrada & Conway, San Rafael, CA

12:30 p.m. to 1:15 p.m.—Tesuque
Lunch
Fracking in New Mexico

Unconventional hydrocarbon exploration and development of shales deposits deep underground have given rise to strong opinions and positions, pro and con, that range from global and national energy independence to state regulation of resource exploraiton, regional economic development, and local land use control via zoning. This panel discusses the experience of Santa Fe and San Miguel Counties in New Mexico.
SLG Committee: Land Use Planning and Zoning
Moderator: Erica Levine Powers, Esq.
Brian Egolf, New Mexico State Representative, Santa Fe, NM
Jesus L. Lopez, County Attorney, San Miguel County, Las Vegas, NM
Neil M. Popowitz, Freilich & Popowitz LLP, Los Angeles, CA

1:30 p.m. to 3:00 p.m.—Zuni
Interplay of Tribal Law and Municipal Law

SLG Committee: Diversity Law and Government Operations
There are still differences of opinion in Western States concerning Native American and “Anglo” issues, particularly involving who owns the water, who can regulate land and prosecute wrongdoers on Native land, and, most recently, where do children of a Native American parent belong. Our panel will present both sides of these issues.
Moderator: Donna Y. Frazier, Parish of Caddo, Shreveport, LA
Angela Delorme-Gaines (Turtle Mountain Band Chippewa), Federal Indian Law Attorney, Colorado Springs, CO
Stephanie P. Kiger (Santa Clara Pueblo), Attorney-Advisor, U.S. Department of the Interior, Office of the Solicitor, Southwest Region, Santa Fe, NM
Joe Lennihan, Attorney-at-Law, Santa Fe, NM
Robert Osley Saunooke (Eastern Band of Cherokee Indians), Saunooke Law Firm, PA, Miramar, FL

3:15 p.m. to 4:15 p.m.—Zuni
Updates to Disaster Law from the Sandy Recovery Improvement Act
SLG Committee: Emergency Management and Homeland Security
Co-sponsor: ABA Special Committee on Disaster Response and Preparedness
This panel will provide updates to the Stafford Act, amended by the Sandy Recovery Improvement Act, to the Public Assistance and Hazard Mitigation federal assistance programs, and to the disaster declaration process for tribal governments. Learn about the disaster federal assistance available to state, local, and tribal governments and the application process under the Stafford Act.
Moderator: Lai Sun Yee, Arlington, VA
Leo Bynum, Principal Member, Technical Staff, National Systems Modeling & Simulation, Sandia National Laboratories, Albuquerque, NM
Rosalita M. Whitehair, Director, Department of Emergency Management, Navajo Nation, Window Rock, AZ

*Free Friday—6 p.m. to 8p.m.
*Gallery Openings on Canyon Road (Canyon Crawl)
*Dine Arounds

Saturday, October 26, 2013
7:00 a.m. to 5:00 p.m.—
Section Registration & Hospitality

7:00 a.m. to 8:00 a.m.—Tesuque
Breakfast

8:00 a.m. to 9:00 a.m.—Acoma N
SLG Urban Lawyer Advisory Board

8:00 a.m. to 9:00 a.m.—Acoma S
SLG Membership Committee

9:00 a.m. to 1:00 p.m.—Zuni
Government and Public Sector Lawyers Division Council Meeting

9:00 a.m. to 9:30 a.m.—Acoma N
SLG Electronic Communications Committee

9:00 a.m. to 9:30 a.m.—Acoma S
SLG Diversity Committee

9:30 a.m. to 10:30 p.m.—Acoma N
SLG Publications Oversight Board

10:30 a.m. to 11:30 p.m.—Acoma S
SLG Land Use Committee Business Meeting

10:30 a.m. to 11 a.m.—Tesuque
SLG AGDJ Committee Meeting

11:00 a.m. to 12:00 p.m.—Tesuque
When the Attorney General Comes Calling: The Advantages of Confidentiality Agreements
Topics to be covered include use of state Freedom of Information Act and open record laws; the variety of state laws governing disclosure of documents to third parties; trade secret endangerment from disclosure and failure to protect documents; procedures for filing objections due to confidentiality concerns; potential constitutional arguments; and negotiating Confidentiality Agreements.
William Hurd, Partner, Troutman Sanders LLP, Washington, DC

10:30 a.m. to 11:00 a.m.—Acoma N
Content Advisory Board

12:00 p.m. to 1:00 p.m.—Tesuque
Substantive Committee Business Meetings: Eminent Domain, Public Finance, Government Operations, Environmental and Energy, Ethics, Public Education, Public Contracts, Emergency Management, Diversity Law

1:00 p.m.–3:00 p.m.
Walking Tour of the Historic Santa Fe Plaza
Tickets are $35.00 Sunday, October 27, 2013

8:30 a.m. to 11:00 a.m.—Zuni
Council Breakfast Meeting
Register online at www.ambar.org/SLGFallMeeting.

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