May 18, 2020 State & Local Government Law

2020 Spring Meeting & Land Use Institute - Virtual Webinar Series

Join State & Local Government Law Webinars

Join State & Local Government Law Webinars

Spring - Virtual Webinar Series
Tuesday, May 19 - Thursday, May 21, 2020 + on-demand post event

Land Use Institute Webinar Series
On-Demand  Available Soon

Spring Meeting

Tuesday, May 19 – Thursday, May 21, 2020

Register to attend all three days of our Spring Meeting and save (includes on-demand post event) or for individual days below (includes on-demand post event).

On-Demand Available Soon - Spring Webinar 1: Government Transparency & the Ethics of E-Comms

Part 1
Government Transparency & Open Meetings: Is It a Meeting When No One's in the Same Room?

One of the fundamental tenets of government transparency is the requirement that government entities headed by collegial bodies meet in the open, with the opportunity for the public to attend, and sometimes even participate. However, with the advent of virtual meetings, social media, and other digital methods of “meeting,” the traditional model of a town hall meeting often no longer occurs.

The panel will discuss the application of government transparency laws to such virtual meetings, including offering warnings about those internet-enabled communications that may be subject to open meetings laws.

Panel

  • Donna Y. Frazier, Caddo Office of the Parish Attorney, Shreveport, LA
  • Patricia Gleason, Special Counsel for Open Government, Office of Florida Attorney General, Tallahassee, FL
  • Diego (“Woody”) Rodriguez, General Counsel, Orlando Expressway Authority, Orlando, FL

Moderator

  • Martha Harrell Chumbler, Carlton Fields PA, Tallahassee, FL

Part 2
Electronic Communications: Navigating the Ethical Potholes

The pervasive use of electronic communications and social media creates potential ethical dilemmas for attorneys, particularly in government practice or whose practice involves communications with government entities. The panel will discuss some if the risks associated with the use of social media and electronic communications both with clients and other attorneys, and offer practical advice for avoiding the ethical potholes.

Panel

  • Mark Herron, Messer Caparello PA, Tallahassee, FL
  • Albert J. Hadeed, Flagler County Attorney, Bunnell, FL

Moderator

  • Michael Patrick Donaldson, Carlton Fields PA, Tallahassee, FL

Register to attend all three days of our Spring Meeting and save (includes on-demand post event).

On-demand sessions for our Spring Meeting series as well as individual webinars available soon.

Wednesday, May 20
Spring Webinar 2: Social Media Issues for Students & Government Employees

1 – 2:30pm ET
Monitoring Student Social Media: Necessary for School Security or an Invasion of Privacy?

One of the legislative reactions to the shooting at the Marjory Stoneman Douglass High School, in Parkland, FL, was a bill authorizing the Florida Department of Education to contract for a system that school districts in Florida may use to monitor the social media use of their students. The panel will discuss both the implementation of that system, as well as some of its consequences.

Panel

  • Walter J. Harvey, General Counsel, Dade County Public Schools, Miami, FL
  • David A. Koperski, General Counsel, Pinellas County Public Schools, St. Petersburg, FL
  • Amelia Vance, Special Counsel & Director of Education Privacy, Future of Privacy Forum, Washington, DC

Moderator

  • Erika Danielle Robinson, Shelby County Public Schools, Memphis, TN

2:45 – 4:15pm ET
Government Employees and Social Media: Are Posts Protected Speech?

The proliferation of social media has caused new employment law issues for educational and governmental institutions. Use of social media by employees presents numerous issues, including the protection of employees’ 1st Amendment rights, potential retaliatory action by government or educational employers, and the need for workplace policies establishing reasonable parameter for the use of social media in the workplace. The panel will discuss the case law, as well as offering pointers for the development of social media policies.

Panel

  • Gregory Alan Hearing, Gray Robinson PA, Tampa, FL
  • Daiquiri Steele, Forrester Fellow, Tulane Law School, New Orleans, LA

Moderator

  • Donald David Slesnick II, Slesnick & Casey LP, Coral Gables, FL

Register to attend all three days of our Spring Meeting and save or only Spring Webinar 2: Social Media Issues for Students & Government Employees.

Thursday, May 21
Spring Webinar 3: Cybersecurity and Emerging Technologies

1 – 2:30pm ET
Grift, Graffiti, and Ransoms: Cybersecurity for State & Local Government

This panel of cybersecurity & incident response specialists will address the threats to business continuity & data security facing municipalities and other local & state governments and government instrumentalities. Particular attention will be given to the special problems of critical infrastructure and working with sunshine and public records laws.

The panel will further address efforts to prevent data security and business continuity events, techniques for responding to and mitigating the impacts of such events, and some of the legal framework around liability, including sovereign immunity.

Panel

  • Serge Jorgensen, The Sylint Group, Sarasota, FL
  • Hoyt L. Kesterson II, Avertium, Phoenix, AZ
  • Michael Stephens, General Counsel & Executive Vice-President, Tampa International Airport, Tampa, FL

Moderator

  • John Ernest Clabby, Shareholder, Carlton Fields PA, Tampa, FL

2:45 & 4:15pm ET
Emerging Technologies

New technology will affect the law. Three panelists will discuss: how 5g will transform what you do while mobile but introduce infrastructure issues; how important it will be for you to be able to explain what your new and wonderful AI application is actually doing; and how and when quantum computing is going to disrupt how we secure things. Co-sponsored by the ABA’s Section of Science & Technology Law

Panel

  • Theodore Franklin Claypoole, Womble Bond Dickinson, Atlanta, GA
  • Randy Vito Sabbett, Cooley LLP, Washington, DC

Moderator

  • Hoyt L. Kesterson II, Avertium, Phoenix, AZ

Register to attend all three days of our Spring Meeting and save or only Spring Webinar 3: Cybersecurity and Emerging Technologies.

Land Use Institute (LUI)

On-demand sessions for our Land Use Institute series as well as individual webinars available soon.

On-Demand Soon - LUI Webinar 1: Updates & Current Issues Explored

Part 1
Update on Planning, Land Use & Eminent Domain Decisions

A panel discussion of recent court decisions, providing a common foundation for all registrants to build a better understanding of the current state of land use law.

Topics* to be addressed include:

  • Drones & Un-maned Aircraft
  • Eminent Domain
  • Exactions
  • Historic Preservation
  • Impact Fees
  • Moratoria
  • Religious Land Use
  • Short-Term Rentals
  • Takings
  • Variances
  • Vested Rights
  • Wetlands

*Subject to change

Panel

  • Amy Brigham Boulris, Gunster, Miami, FL
  • W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC
  • Wendie L. Kellington, Kellington Law Group, Lake Oswego, OR
  • Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA

Moderator

  • Patricia E. Salkin, Land Use Institute Co-Chair; Provost for the Graduate & Professional Division, Touro College, New York, NY


Part 2
Federal Laws, Regulations & Programs Affecting Local Land Use Decision Making

The Federal government continues to encroach upon local government decision-making through a variety of policies, programs and Executive Orders. Major current issues as they relate to environmental protection and real estate development at the local level, including the roll-back of regulations in selected programs will be discussed.

Topics* overviewed from a regulatory and policy perspective include:

  • Climate Change/ Sea Level Rise
  • Drones & Un-maned Aircraft
  • Endangered Species
  • Hazardous Materials
  • Historic Preservation
  • Housing
  • National Flood Insurance Program
  • NEPA
  • Religious Land Use
  • Opportunity Zones
  • Water
  • Wetlands

*Subject to change

Panel

  • Sarah Adams-Schoen, University of Oregon School of Law, Eugene, OR
  • Wendie L. Kellington, Kellington Law Group, Lake Oswego, OR
  • Dwight Merriam, Attorney at Law, Hartford, CT
  • Deborah Rosenthal, FitzGerald Yap Kreditor, LLP, Irvine, CA
  • Robert H. Thomas, Damon Key Leong Kupckak Hastert, Honolulu, HI

Moderator

  • W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC

On-demand sessions for our Land Use Institute series as well as individual webinars available soon.

On-Demand Soon - LUI Webinar 2: Climate Change and Nuts & Bolts

Part 1
Annual Richard F. Babcock Faculty Address: Overview of National & International Best Practices to Address Climate Change & Sea Level Rise

Richard F. Babcock was one of the twentieth century's greatest land use attorneys, and the first Chair of the predecessor to the Land Use Institute. In his honor, each year a selected faculty member presents a major address on a topic of substantial current interest.

Speaker

  • James F. Murley, Chief Resiliency Officer (CRO), Miami Dade County (former Chair of the Florida Energy & Climate Commission, and former Secretary of the Florida Department of Community Affairs)

Commentators

  • Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL
  • Deborah Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA

Part 2
Nuts & Bolts of Land Use Practice

Join this session for a detailed analysis covering traditional “nuts and bolts” about two critical practice areas of land use.

The Future of Zoning — The View from the COVID-19 Lens: The COVID-19 crisis has provided an unprecedented opportunity to view some the weak links in our planning and zoning chain. Some of the topics addressed here were already provocative and cutting-edge. Now, in the light of the pandemic, and our nation's shaky response, it is time to consider these aspects of land use planning law as potential steps to take in anticipation of future pandemics and public health emergencies.

Speaker

  • Michael Allan Wolf, Richard E. Nelson Eminent Scholar Chair in Local Government, Professor of Law, University of Florida, Gainesville, FL

Part 3
Seeking and Dealing with Variance & Rezoning Requests: The ability of owners to change the zoning of their land or deviate from zoning requirements require familiarity with a jurisdiction’s rules and regulations; however, some key ‘nuts and bolts’ are provided by this panel in terms of typical approaches, issues of which your client needs to be advised and some of the consequences of different zoning changes.

Speaker

  • W. Andrew Gowder, Jr., Austen & Gowder, Charleston, SC

On-demand sessions for our Land Use Institute series as well as individual webinars available soon.

On-Demand Available Soon - LUI Webinar 3: Hot Topics in Land Use

Hot Topics: Part 1

Regulating Personal Transportation: Recent reviews of state regulations show that there is no “normal” style of regulation of personal transportation devices, or PTDs, (the same PTD is regulated differently from state to state) and often they are not regulated specifically but subject solely to the regulations of other transit modes. Explore the inconsistencies in regulating personal transportation alongside the need to balance all road users in a community.

Speaker

  • Dean J. Trantalis, Mayor, City of Fort Lauderdale, FL

Housing the Homeless: What planning and regulatory tools & techniques can be used to address the challenge to government of the growing homeless population? Governmental constraints & innovations will be reviewed, including specific examples of both failed & successful local governmental programs. Land use regulations & incentives will be analyzed, and the need for short-term and long-term planning to increase housing supply will be discussed.

Speaker

  • Wendie L. Kellington, Kellington Law Group PC, Lake Oswego, OR

Redevelopment/ Opportunity Zones: The Opportunity Zone/ Opportunity Fund legislation will be discussed in detail & specific guidance will be provided on finding where Zones are located, how funds are created, and how the investment and redevelopment goals of the private and public sectors can be met through use of both the Opportunity Zones/ Opportunity Funds as well as existing redevelopment programs and incentives.

Speaker

  • Paul Boudreaux, Professor, Stetson University College of Law, Gulfport, FL

Hot Topics: Part 2

Affordable Housing: With laudable goals of encouraging people and developers to build more small homes and supporting the sharing economy in tourism, tensions arise for local governments as populations become more dense and pressure on public services increases from transient and larger populations.

Speakers

  • Hon. Peter Buchsbaum, Judge, New Jersey Superior Court (ret.), Lanza and Lanza, LLP, Of Counsel, Flemington, NJ
  • Victor M. Marquez, Squire Patton Boggs (US) LLP, San Francisco, CA

Sustainability/ Resilience: This panel will describe threats that are being addressed, and discuss the political & financial realities of needed actions and the laws that are being amended to foster development that will withstand the impact of climate change. The panel will also discuss the action and inaction at the federal level, and how that behavior is impacting state & local governmental actions.

Panel

  • Sarah Adams-Schoen, Professor, University of Oregon School of Law, Eugene, OR
  • Jessica Ann Bacher, Professor & Executive Director, Land Use Law Center, Elisabeth Haub School of Law at Pace University, White Plains, NY

Eminent Domain & Takings: Takings are the excessive use of government’s police power to regulate private property to prevent its use in a manner that the government believes is detrimental to the public, and the regulation so restricts permissible use of the land that the owner has been deprived of all or substantially all of the economic value of the property. This panel will review current case law and statutory issues, and provide guidance to public and private practitioners on most effectively representing clients in either situation.

Panel

  • Amy Brigham Boulris, Gunster, Miami, FL
  • Ronald L. Weaver, Stearns Weaver Miller, Tampa, FL

On-demand sessions for our Land Use Institute series as well as individual webinars available soon.

Register

Spring Meeting

Land Use Institute (LUI)

  • On-Demand Available Soon
    All Three Land Use Institute (LUI) Webinars
  • On-Demand Avaialble Soon
    LUI Webinar 1: Updates & Current Issues Explored
  • On-Demand Available Soon
    LUI Webinar 2: Climate Change and Nuts & Bolts
  • On-Demand Available Soon
    LUI Webinar 3: Hot Topics in Land Use