The 2010 IMLA MId-YeAr SeMInAr · 2020. 6. 2. · K Street, Wall Street, and Main Street–...

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K Street,Wall Street, and Main Street– Focusing on the Future THE 2010 IMLA MID-YEAR SEMINAR International Municipal Lawyers Association 7910 Woodmont Avenue, Suite 1440, Bethesda, MD 20814 [email protected] • www.imla.org

Transcript of The 2010 IMLA MId-YeAr SeMInAr · 2020. 6. 2. · K Street, Wall Street, and Main Street–...

  • K Street, Wall Street, and Main Street–Focusing on the Future

    The 2010 IMLA MId-YeAr SeMInAr

    International Municipal Lawyers Association7910 Woodmont Avenue, Suite 1440, Bethesda, Md 20814

    [email protected] • www.imla.org

  • IMLA President DeWitt F. McCarley

    O F F I C E R SPresidentDeWitt F. McCarleyCity Attorney Charlotte, north Carolina

    First Vice PresidentDennis J. HerreraCity Attorney San Francisco, California

    Second Vice PresidentJay B. DoegeyCity Attorney Arlington, Texas

    Immediate Past PresidentSusan C. RochaCity Attorney Cibolo, Texas

    Treasurer & SecretarySteven W. MooreCity Attorney Yuma, Arizona

    General Counsel andexecutive directorCharles W. Thompson, Jr.Bethesda, Maryland

    D I R E C T O R SMary Ellen Bench – 2 year termCity SolicitorMississauga, Ontario, Canada

    Sheryl King Benford - 2 year termGeneral CounselGreater Cleveland regional Transit AuthorityCleveland, Ohio

    Daniel P. Blondin - 1 year termCity Attorneyhighwood, Illinois

    A René BrokerBorough AttorneyFairbanks north Star Borough, Alaska

    Stephen P. Chinn - 2 year termCity AttorneyFairway, Kansas

    Wayne Esannason - 2 year termVillage Attorney Scarsdale, new York

    Mara S. GeorgesCorporation CounselChicago, Illinois

    Bradford R. Jerbic - 1 year termCity AttorneyLas Vegas, nevada

    Patricia K. Kelly - 3 year termCity AttorneyColorado Springs, Colorado

    Susan Emery McGannon - 3 year termCity AttorneyMurfreesboro, Tennessee

    G. Foster Mills - 3 year termManaging Attorneynew York City, new York

    Susan Moore - 2 year term General CounselGeorgia Municipal AssociationAtlanta, Georgia

    Herbert W.A. Thiele - 3 year termCounty AttorneyLeon County, Florida

    Andrew J. Whalen, III - 2 year termCity Attorney Griffin, Georgia

    2009-2010 BOaRD OF DIRECTORS

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  • CLE, GEnERaL InFORmaTIOn & COnTEnTS

    General Information

    Welcome to IMLA’s Mid-Year Seminar. If you have any

    questions or need assistance at any time during the Semi-

    nar, an IMLA staff member will be happy to assist you.

    IMLA staff members are available at registration desk.

    The IMLA registration desk will open at 8:00 a.m.

    Sunday, April 18 and close at 2:00 p.m.; then reopen

    from 4:00 p.m. to 6:00 p.m. The registration desk hours

    will be from 7:30 a.m. to 5:00 p.m. on Monday, April 19

    and 7:30 a.m. to 12:00 noon on Tuesday, April 20.

    The IMLA registration desk is located in the Palladian

    Foyer of the West Conference Center. For your con-

    venience, a message board will be placed near the IMLA

    registration desk. Messages for attendees will be posted

    on the message board throughout the Seminar.

    CLE

    To receive CLe credits for attending this Seminar, it is

    imperative that you return a completed CLe Question-

    naire and the Certification of Attendance form (avail-

    able in registration area) to the IMLA registration desk

    by 12:00 noon Tuesday, April 20, 2010. CLe credits for

    the Seminar 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 Seminar, see Trina Shropshire-Paschal

    at the IMLA registration desk.

    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 those dedicated

    individuals who share their expertise with us.

    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

    Mid-Year Seminar.

    ImLa mID-yEaR SEmInaR 2010 3

    EXHIBITORS & SpOnSORS 4

    pROGRam pLannInG COmmITTEE 5

    ImLa LOCaL GOVERnmEnT FELLOWS 6

    CHaRLES S. RHynE aWaRD RECIpIEnTS 7

    pROGRam 8 - 13

    pROGRam-aT- a-GLanCE 14 - 15

    SpEakER BIOGRapHIES 16 - 22

    ImLa paST pRESIDEnTS 24

    2009-2010 ImLa REGIOnaL VICE pRESIDEnTS 25

    ImLa STaTE CHaIRS 26 - 27

    FuTuRE COnFEREnCES & SEmInaRS 28 - 29

  • E X H I B I T O R S

    S p O n S O R S

    american Legal publishingCincinnati, Ohio

    aRCaDIS u.S., Inc.Middletown, Connecticut

    Cycom Data Systems, Inc.Long Beach, California

    Lexis nexisBellevue, Washington

    The City of new OrleansNew Orleans, Louisiana

    municipal Code CorporationTallahassee, Florida

    Comcast

    4

  • p R O G R a m p L a n n I n G C O m m I T T E E

    Mark Hayes, ChairGeneral CounselArkansas Municipal LeagueLittle rock, Arkansas

    MEMBERS

    Barbara A. AdamsVillage AttorneyKenilworth, Illinois

    Mary Ellen BenchCity SolicitorMississauga, Ontario, Canada

    Albert BenshoffCity AttorneyConcord, north Carolina

    A René BrokerBorough AttorneyFairbanks north Star Borough, Alaska

    Stephen P. ChinnCity AttorneyFairway, Kansas

    Robert S. Croomdeputy General Counseldirector of Legal & Legislative AffairsSouth Carolina Association of CountiesColumbia, South Carolina

    Sam EdwardsLegal CounselGreater nashville regional Councilnashville, Tennessee

    John GallagherStaff AttorneyLouisiana City Attorneys AssociationBaton rouge, Louisiana

    Frank B. Gummey, IIICity Attorneynew Smyrna Beach, Florida

    Kimberly HibbardGeneral Counselnorth Carolina League of Municipalitiesraliegh, north Carolina

    Timothy S. HollisterTown AttorneyColchester, Connecticut

    Karen KennardFirst Assistant City AttorneyAustin, Texas

    James B. LampkeTown Counselhull, Massachusetts

    Gary LandersCity AttorneyTyler, Texas

    Karen M. McDonaldCity AttorneyFayetteville, north Carolina

    Susan J. MooreGeneral CounselGeorgia Municipal LeagueAtlanta, Georgia

    Marisa MoretAssistant City AttorneySan Francisco, California

    Ken Smithdeputy executive directorAlabama League of MunicipalitiesMontgomery, Alabama

    Randall Van VleckGeneral Counselnew Mexico Municipal LeagueSanta Fe, new Mexico

    Eileen WellsCity AttorneyMankato, Minnesota

    ImLa mID-yEaR SEmInaR 2010 5

  • ImLa LOCaL GOVERnmEnT FELLOWS

    Marianne Landers Banks

    David L. Barber

    Mary Ellen Bench

    Sheryl King Benford

    Lori Grigg Bluhm

    Stephen J. Burg

    Phyllis Leah Carlyle

    Thomas M. Carpenter

    Martha J. Rupp Carter

    Stephen P. Chinn

    Wanda J. Cochran

    Marilyn D. Craig

    Mathias W. Delort

    Jay B. Doegey

    Melanie S. Donohue

    Kathleen A. Dooley

    John E. Dorman

    Scott Brandt-Erichson

    William D. Geary

    Eunice Gibson

    Benjamin E. Griffith

    Frank B. Gummey, III

    Douglas C. Haney

    Timothy S. Hollister

    Rose J. Humway-Warmuth

    Gary E. Hunter

    Douglas L. Johnson

    William J. Kearns, Jr.

    Stephen M. Kemp

    Robert J. Kerwin

    Alice Teresa Kowalishin

    Warren P. Kraft

    Kenneth T. Kubiesa

    James Burton Lampke

    Elizabeth Ann Luton

    William Clark Mann, III

    Martin R. McCullough

    Susan Emery McGannon

    Jeanene C. McIntyre

    Paige A. Mims

    Brad Neighbor

    Stephen C. Nick

    Bruce A. Noble, Q.C.

    James W. Porter, III

    Herbert l. Prouty

    Barbara Lee Quirk

    Marion J. Radson

    Miles K. Risley

    Lori M. Riordan

    Gary E. Rebenstorf

    David Neil Robertson, Q.C.

    Susan C. Rocha

    George H. Rust-D’Eye

    Teris Solis

    Howard D. Swanson

    Charles W. Thompson, Jr.

    Randall D. Van Vleck

    Frank R. Waite

    Robert J. Watson

    Diane Callander Wetherbee

    Siona D. Windsor

    Nancy K. Yendes

    Charles E. Zech

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  • C H a R L E S S . R H y n E aWa R D R E C I p I E n T S

    1991John H. LarsonLos Angels, California

    1992Daniel CurtinMcCutchen Doyld Brown & EnersenWalnut Creek, California

    1993J. LaMar ShelleyFormer General Counsel League of Arizona Cities and Towns Former City Attorney of Mesa, Arizona

    1994The honorableBenjamin L. BrownFormer executive director, nIMLO Former City Solicitor Baltimore, Maryland

    1996Roy D. BatesFormer City Attorney Columbia, South Carolina

    1997Claude L. MullisJacksonville, Florida andWilliam H. Thornton, Jr.Former City Attorney durham, north Carolina

    2000John E. GothermanGeneral Counsel, Ohio Municipal League Columbus, Ohio andWilliam H. SteudeFormer General Counsel Michigan Municipal League Ann Arbor, Michigan

    2001Robert J. Mangler Former City AttorneyWilmette, Illinois

    2003The honorableWilliam A. McCain Village Attorney Lincoln heights, Ohio

    2005William F. SueppelGeneral Counsel Iowa League of Cities Iowa City, Iowa

    2006Henry W. Underhill, Jr.Former executive director of IMLA Former City Attorney Charlotte, north Carolina andMarvin J. GlinkAncel Glink Diamond Bush Dicianni and Rolek, P.C. Former City Attorney naperville, Illinois

    2007James H. Epps, IIIFormer City Attorney Johnson City, Tennessee

    2008Robert W. RitchieMassachusetts Office of the Attorney General director, Municipal Law Unit Springfield, Massachusetts

    2009Ralph G. HildebrandCorporate Counsel Metro Vancouver, British Columbia, Canada

    ImLa mID-yEaR SEmInaR 2010 7

  • p R O G R a m

    SATUrdAY, APrIL 17, 2010Board of Directors Meeting 9:00 a.m. – 12:00 noondiplomat BallroomWest end

    SUndAY, APrIL 18, 2010Registration and Exhibitors8:00 a.m. – 2:00 p.m.(Closed 2:00 p.m. – 4:00 p.m.)4:00 p.m. – 6:00 p.m.Palladian FoyerWest end

    Personnel Section WorkshopPersonnel Roundtable – Ask the Experts! With a Special Focus on Workplace Social Networking and Privacy8:45 a.m. – 10:15 a.m.Cabinet roomWest endVice - Chair: Daniel D. Crean executive director new hampshire Municipal Association Pembroke, new hampshire

    A Summary of Selected Employment Law DecisionsDANIEL D. CREANexecutive directornew hampshire Municipal AssociationPembroke, new hampshire

    Social Networking and the Public Employee: The First and Fourth Amendments Meet FacebookMELINDA BARLoWAssistant City AttorneyArlington, Texas

    Update of Legal and Policy Issues Relating to Social Networking ApplicationsADRIAN E. HERBSTThe Baller herbst Law Group, PCMinneapolis, Minnesota

    State League Counsel and Municipal Attorneys Association Department Meeting10:00 a.m. – 12:30 p.m.Congressional B roomWest end Chair: Thomas Grundhoefer General Counsel League of Minnesota Cities St. Paul, MinnesotaVice Chair: William C. Mathewson General Counsel Michigan Municipal League Ann Arbor, Michigan Recorder: Sandra Jacquot General Counsel League of Kansas Municipalities Topeka, Kansas

    Publicity Surrounding KLC in 2009TEMPLE JUETTGeneral CounselKentucky League of CitiesLexington, Kentucky

    Coffee Break10:15 a.m. – 10:30 a.m.Congressional Foyers

    Telecommunications Workshop – Important Issues for Local Governments10:30 a.m. – 12:00 noonCongressional A roomWest end

    NTIA /ARRA Stimulus Grants: What Do We Know and What’s Still Ahead?GERARD L. LEDEREROf CounselMiller & Van eaton, PLLCWashington, d.C.

    Cell Tower Zoning and the “Shot Clock”JoHN W. PESTLEPartnerChair of Telecommunications GroupVarnum LawGrand rapids, Michigan

    The Comcast and NBC Joint VentureMICHAEL RUGERSenior director, Government AffairsComcast Cable CommunicationsPhiladelphia, Pennsylvania

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  • The Stimulus Plan and other Federal Rescue Initiatives 10:30 a.m. – 12:00 noonCabinet roomWest endModerator: Robert Phocas Assistant City Attorney Charlotte, north Carolina Overview of the American Recovery and Reinvestment Act of 2009: The Statutory and Regulatory FrameworkHoWARD FRIEDMANdeputy ChiefContracts and real estate division, Law departmentnew York City, new York

    A State’s Response to the American Recovery and Reinvestment Act of 2009ELIzABETH WILLoUGHBy RILEyLegal CounselNorth Carolina Office of Economic Recovery & InvestmentCharlotte, north Carolina

    Addressing State and Local Fiscal Challenges Through the American Recovery and Reinvestment ActMICHELLE SAGERAssistant director for Strategic IssuesU.S. Government Accountability OfficeWashington, d.C.

    Welcome Reception6:30 p.m. – 7:30 p.m. diplomat BallroomWest end

    MOndAY, APrIL 19, 2010Registration and Exhibitors7:30 a.m. – 12:00 noon(Closed 12:00 Noon – 1:30 p.m.)1:45 p.m. – 5:00 p.m.Palladian FoyerWest end

    Speaker Ready Room (Speakers for Monday Sessions Only)8:00 a.m. – 5:00 p.m.director’s roomWest end

    opening Ceremonies8:30 a.m. – 8:45 a.m.Palladian BallroomWest end

    Work Session I – Dealing With the Feds: Appealing Agency Actions and Rulemaking8:45 a.m. - 10:15 a.m.Palladian BallroomWest endModerator: Barbara A. Adams Village Attorney – Kenilworth, IL holland & Knight, LLP Chicago, Illinois TSA Civil Enforcement ActionsKELLy D .WHEAToN Acting deputy Chief Counsel enforcementTransportation Security AdministrationU.S. department of homeland SecurityArlington, Virginia

    Federal RulemakingMAI DINHAssistant Chief Counsel for regulations and Security StandardsTransportation Security AdministrationU.S. department of homeland SecurityArlington, Virginia

    U.S. Environmental Protection Agency PromisesMore Vigorous Enforcement of Federal Environmental Laws With a Focus on the Clean Water ActLAWRENCE R. “LARRy” LIEBESMAN Partnerholland & Knight, LLPWashington, d.C.

    Work Session II – The Voting Rights Act and The 2010 Census8:45 a.m. - 10:15 a.m.diplomat BallroomWest endModerator: Benjamin E. Griffith Griffith & Griffith Cleveland, Mississippi The Voting Rights Act–Issues to Watch for Heading into the 2010 Federal Elections BRUCE L. ADELSoN Chief Executive Officer Federal Compliance Consulting, Inc. Potomac, Maryland

    The 2010 Census and its Evaluation DAVID C. WHITFoRDChief, decennial Statistical Studies U.S. Bureau of the CensusWashington, d.C.

    ImLa mID-yEaR SEmInaR 2010 9

  • The Central Role of the Voting Rights Act in Redistricting KRISTEN CLARKE

    Co-director of the Political Participation GroupnAACP Legal defense and education FundWashington, d.C.

    DALToN (DALE) L. oLDHAMnational redistricting Counselrepublican national CommitteeWashington, d.C.

    Coffee Break10:15 a.m. – 10:30 a.m.Palladian and diplomat Foyers

    Work Session III – What’s in Store From Congress and Federal Agencies: Pending Bills and Regulations 10:30 a.m. – 12:00 noonPalladian BallroomWest endModerator: Thomas P. Perkins, Jr. City Attorney dallas, Texas

    Counties Face New ChallengesJACqUELINE ByERSdirector of research and Outreachnational Association of CountiesWashington, d.C.

    CARoLyN M. CoLEMANdirector of Federal relations national League of CitiesWashington, d.C.

    SUSAN GAFFNEydirector, Federal Liaison CenterGovernment Finance Officers AssociationWashington, d.C.

    2010 Metro Agenda for AmericaEDWARD SoMERS Chief of Staff The United States Conference of MayorsWashington, d.C.

    Work Session IV- The Fair Housing Act: Does your zoning Law Violate the FHA?10:30 a.m. – 12:00 noondiplomat BallroomWest end

    Moderator: Anna Schleunes Assistant City Attorney Charlotte, north Carolina Recent Fair Housing Act Cases of Interest to Cities BRADFoRD E. BULLoCK McKamie, Krueger LLP San Antonio, Texas

    The Duty to Affirmatively Further Fair Housing New Obligations and Risks for Municipalities in the Wake of United States ex rel. Anti discrimination Center of Metro new York, Inc. v. Westchester CountyJoHN P. RELMANManaging Partnerrelman and dane, PLLCWashington, d.C.

    IMLA International Steering Committee Meeting 10:30 a.m. – 12: 00 noonCongressional A roomWest endChair: Benjamin E. Griffith Griffith & Griffith Cleveland, Mississippi

    IMLA Luncheon12:10 p.m. – 1:40 p.m.empire BallroomLower Level – West endLuncheon Speaker: Victoria “Torie” Clarke Winning 21st Century Information Wars

    Work Session V – Energy Codes and Green Buildings: Greensburg, Kansas and Rebuilding a New “Green” City1:45 p.m. – 3:15 p.m.Palladian BallroomWest endModerator: Stephen P. Chinn City Attorney Fairway, Kansas

    Rebuilding Greensburg, Kansas: Design, Policy and Law in the Creation of a Model Sustainable CommunityBoB DIxSoNMayorGreensburg, Kansas and

    p R O G R a m

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  • ToDD LASALA, AICP LEED® AP PartnerStinson Morrison hecker LLPKansas City, MissouriandSTEPHEN HARDy, AICP LEED® APAssociate, director of PlanningBnIMKansas City, Missouri

    Work Session VI – Collective Bargaining - From Basic to Advanced1:45 p.m. - 3:15 p.m.diplomat BallroomWest endModerator: Sam Edwards Legal Counsel Greater nashville regional Council nashville, Tennessee Public Sector Labor Relations and HR -413 - The Public Employer-Employee Cooperation Act of 2010: What Is The Role of the Federal Government?JoE ADLERdirector, human resourcesMontgomery County Governmentrockville, Maryland

    Federal Legislative Mandates: Public Safety Labor RelationsLoWELL DENToNPartnerdenton, navarro, rocha, & Bernal, P.C.San Antonio, Texas

    Coffee Break3:15 p.m. – 3:30 p.m.Palladian and diplomat Foyers

    Work Session VII – Deciphering the oracle: An Update on The Supreme Court’s Current Cases and Petitions to Watch3:30 p.m. – 5:00 p.m.Palladian BallroomWest endModerator: Mark R. Hayes General Counsel Arkansas Municipal League north Little rock, Arkansas

    Supreme Court UpdateRICHARD RUDAChief CounselState and Local Legal CenterWashington, d.C.

    JEFFREy RoSENProfessor of LawGeorge Washington UniversityWashington, d.C.

    RoBERT A. LoNGPartner Covington & Burling, LLPWashington, d.C.

    Work Session VIII – Do you Hear What I Hear? Music Licensing Issues for Local Governments3:30 p.m. – 5:00 p.m.diplomat BallroomWest endModerator: Ken Smith deputy executive director Alabama League of Municipalities Montgomery, Alabama Copyright Liability for Unlicensed Music in Public Parks and RecreationJAMES C. KozLoWSKI George Mason UniversityManassas, Virginia

    Work Session Ix – The Federal Health Care Reform Plan 5:00 p.m. to 5:30 p.m. diplomat BallroomWest endModerator: Randall D. Van Vleck General Counsel new Mexico Municipal League Santa Fe, new Mexico SALLy HoWARD deputy General Counsel Office of the General Counsel U.S. department of health and human Services Washington, d.C.

    President’s Reception6:00 p.m. – 7:00 p.m.empire BallroomLower Level – West end

    ImLa mID-yEaR SEmInaR 2010 11

  • p R O G R a m

    TUeSdAY, APrIL 20, 2010Registration and Exhibitors8:00 a.m. – 12:00 noonPalladian FoyerWest end

    Work Session x – Ethics: Don’t Let the Revolving Door Hit you In the…?8:15 a.m. – 9:15 a.m.Palladian BallroomWest endModerator: Robert S. Croom deputy General Counsel director of Legal & Legislative Affairs South Carolina Association of Counties Columbia, South Carolina

    Revolving Door Peril: Why Ethics Laws Restrict Post-Employment OpportunitiesELIzABETH K. KELLARPresident/CeOCenter for State and Local Government excellenceWashington, d.C.

    Ethics –Revolving Door IssuesSHARoN E. PANDAKPartner Greehan Taves Pandak & Stoner, PLLCWoodbridge, Virginia

    Work Session xI – Alternative Dispute Resolution9:15 a.m. – 10:15 a.m.Palladian BallroomWest endModerator: Kimberly S. Hibbard General Counsel north Carolina League of Municipalities raleigh, north Carolina DANIEL DozIER Press, Potter & dozier LLC Bethesda, Maryland and RoBERT FISHER Fisher Collaborative ServicesAlexandria, Virginia andDAVID BATSoNSenior Collaboration & AdA SpecialistConflict Prevention and Resolution CenterU.S. environmental Protection AgencyWashington, d.C.

    Coffee Break10:15 a.m. – 10:30 a.m.Palladian Foyer

    Work Session xII – What’s New in Telecommunications? From Shot Clocks to Rights-of-Way 10:30 a.m. – 12:00 noonPalladian BallroomWest endModerator: Jay B. Doegey City Attorney Arlington, Texas

    The FCC Broadband Plan:What it Means for Local Government THoMAS M. KoUTSKy Senior AdvisorFCC Omnibus Broadband InitiativeWashington, d.C.andKENNETH S. FELLMANKessinger & Fellman, PCdenver, Colorado

    Telecom Access to Rights-of-Way, Public Property, and Government Contracts – The NY State Thruway CaseJoSEPH VAN EAToNMiller & Van eatonWashington, d.C.

    The FCC’s “Future of Media” Proceeding and How It Affects Your CommunityNICHoLAS P. MILLERManaging PartnerMiller & Van eaton, PLLCWashington, d.C.andSTEVE R. HoLMESVice President, Government AffairsComcastLynnwood, Washington

    Adjournment

    12

  • ImLa mID-yEaR SEmInaR 2010 13

  • p R O G R a m - aT - a- G L a n C E

    MOndAY, APrIL 19, 2010Registration and Exhibitors

    7:30 a.m. – 12:00 noon(Closed 12:00 Noon – 1:30 p.m.)1:45 p.m. – 5:00 p.m.Palladian FoyerWest end

    Speaker Ready Room (Speakers for Monday Sessions Only)8:00 a.m. – 5:00 p.m.director’s roomWest end

    opening Ceremonies8:30 a.m. – 8:45 a.m.Palladian BallroomWest end

    Work Session I – Dealing With the Feds: Appealing Agency Actions and Rulemaking8:45 a.m. - 10:15 a.m.Palladian BallroomWest end

    Work Session II – The Voting Rights Act and The 2010 Census8:45 a.m. - 10:15 a.m.diplomat BallroomWest end

    Coffee Break10:15 a.m. – 10:30 a.m.Palladian and diplomat Foyers

    Work Session III – What’s in Store From Congress and Federal Agencies: Pending Bills and Regulations 10:30 a.m. – 12:00 noonPalladian BallroomWest end

    Work Session IV- The Fair Housing Act: Does your zoning Law Violate the FHA?10:30 a.m. – 12:00 noondiplomat BallroomWest end

    SATUrdAY, APrIL 17, 2010

    9:00 a.m. – 12:00 noonBoard of Directors Meeting diplomat BallroomWest end

    SUndAY, APrIL 18, 2010

    8:00 a.m. – 2:00 p.m.Registration and Exhibitors(Closed 2:00 p.m. – 4:00 p.m.)4:00 p.m. – 6:00 p.m.Palladian FoyerWest end

    Personnel Section WorkshopPersonnel Roundtable – Ask the Experts! With a Special Focus on Workplace Social Networking and Privacy8:45 a.m. – 10:15 a.m.Cabinet roomWest end

    State League Counsel and Municipal Attorneys Association Department Meeting10:00 a.m. – 12:30 pmCongressional B roomWest end

    Coffee Break10:15 a.m. – 10:30 a.m.Congressional Foyers

    Telecommunications Workshop – Important Issues for Local Governments10:30 a.m. – 12:00 noonCongressional A roomWest end

    The Stimulus Plan and other Federal Rescue Initiatives 10:30 a.m. – 12:00 noonCabinet roomWest end

    Welcome Reception6:30 p.m. – 7:30 p.m. diplomat BallroomWest end

    14

  • International Steering Committee Meeting10:30 a.m. – 12:00 noonCongressional A roomWest end

    IMLA Luncheon12:10 p.m. – 1:40 p.m.empire BallroomLower Level – West end

    Work Session V – Energy Codes and Green Buildings: Greensburg, Kansas and Rebuilding a New “Green” City1:45 p.m. – 3:15 p.m.Palladian BallroomWest end

    Work Session VI – Collective Bargaining: From Basic to Advanced1:45 p.m. -3:15 p.m.diplomat BallroomWest end

    Coffee Break3:15 p.m. – 3:30 p.m.Palladian and diplomat Foyers

    Work Session VII – Deciphering the oracle: An Update on The Supreme Court’s Current Cases and Petitions to Watch3:30 p.m. – 5:00 p.m.Palladian BallroomWest end

    Work Session VIII – Do you Hear What I Hear? Music Licensing Issues for Local Governments3:30 p.m. – 5:00 p.m.diplomat BallroomWest end

    Work Session Ix – The Federal Health Care Reform Plan 5:00 p.m. to 5:30 p.m. diplomat BallroomWest end

    President’s Reception6:00 p.m. – 7:00 p.m.empire BallroomLower Level – West end

    TUeSdAY, APrIL 20, 2010Registration and Exhibitors8:00 a.m. – 12:00 noonPalladian FoyerWest end

    Work Session x – Ethics: Don’t Let the Revolving Door Hit you In the…?8:15 a.m. – 9:15 a.m.Palladian BallroomWest end

    Work Session xI – Alternative Dispute Resolution9:15 a.m. – 10:15 a.m.Palladian BallroomWest end

    Coffee Break10:15 a.m. – 10:30 a.m.Palladian Foyer

    Work Session xII – What’s New in Telecommunications? From Shot Clocks to Rights-of-Way 10:30 a.m. – 12:00 noonPalladian BallroomWest end

    Adjournment

    ImLa mID-yEaR SEmInaR 2010 15

  • S p E a k E R B I O G R a p H I E S

    LUnCheOn SPeAKer

    Victoria “Torie” Clarke, (born May 1959) is an

    American public relations consultant who has served

    in the private sector and in three republican

    presidential administrations, most notably as the

    Assistant Secretary of defense for Public Affairs

    under donald rumsfeld. Born in Pittsburgh,

    Pennsylvania, Clarke is a graduate of George Wash-

    ington University and began her career as a

    photographer for the since-defunct Washington

    Star. She was President of Bozell eskew Advertis-

    ing, Vice President of the national Cable Telecom-

    munications Association, and the Washington of-

    fice director for the public-relations firm of hill &

    Knowlton. She has served as the press secretary

    to Senator John McCain and held positions on the

    staff of Presidents ronald reagan and George h. W.

    Bush. She subsequently moved to the Pentagon to

    serve as the Assistant Secretary of defense for

    Public Affairs during President George W. Bush’s

    first term in office, under Secretary of defense

    donald rumsfeld. Clarke currently serves as the

    Senior Advisor of Communications and Govern-

    ment relations for Comcast Corporation. Clarke

    has been a close colleague of Mary Matalin since

    the reagan administration. Clarke often filled in for

    Matalin on the show equal Time during its run on

    CnBC in the 1990s. Clarke is the author of Lipstick

    on a Pig: Winning In the No-Spin Era by Someone Who

    Knows the Game (2006, ISBN 0-7432-7116-5), a book

    about spin in politics. Clarke appeared on the Febru-

    ary 7, 2006, episode of The daily Show to promote

    it. She is a frequent guest on the roundtable on ABC

    news’This Week with George Stephanopoulos. On

    May 20, she made her first appearance on the radio

    show of Tony Kornheiser. Clarke is a republican.

    She is married to J. Brian Graham, a democrat.

    She is the mother of three children (two sons and a

    daughter). her sister Caitlin Clarke was an actress

    who died in 2004. She and her family live in subur-

    ban Washington, d.C.

    16

  • Bruce L. Adelson holds a BA - International Studies from The Johns hopkins University and a Jd from the University of Pittsburgh School of Law. he is a former Senior Attorney for the U.S. department of Justice where he had national enforce-ment responsibility for many federal laws. now CeO of Federal Compliance Consulting LLC, Bruce provides strategic consulta-tions regarding various federal compliance issues.

    Joseph Adler was appointed, in november 2002, to head the Office of human resources for Montgomery County, the larg-est jurisdiction in the state of Maryland. Prior to working for Montgomery County, Adler served for eight years as direc-tor of the Office of Personnel and Labor Relations (OPLR) for Prince George’s County, the second largest jurisdiction in Maryland. Joseph Adler has held a number of other positions in the field of human resources, including deputy Secretary and subsequently, Secretary of the Maryland department of Person-nel. he holds a BA degree from the City College of new York, and a Master of Public Affairs (MPA) from Princeton University, and is currently enrolled in a doctoral program at the Univer-sity of Baltimore.

    Melinda H. Barlow is an Assistant City Attorney and the Litigation/employment Law Section head for the City of Arling-ton, Texas. Ms. Barlow has been with Arlington for five years and had an active civil trial practice for twelve years prior to her employment with Arlington. Ms. Barlow is board certified in Personal Injury Trial Law by the Texas Board of Legal Specializa-tion and is a Fellow with the International Municipal Lawyers Association. She has recently presented at continuing legal education seminars on topics such as Texas Tort Claims Act, employee Privacy in the Public Sector, and from Zoning Board of Adjustment to the Courtroom. She is a graduate of Baylor Law School and Texas Tech University and is currently working towards a Masters in Public Administration at the University of Texas at Arlington.

    David C. Batson Senior Collaboration & Adr Specialist for U.S. ePA, provides dispute resolution services to public and private parties involved in environmental, public policy and workplace disputes. david has over 30 years of dispute resolu-tion experience, including service as a mediator, facilitator and allocation specialist, consultant on identifying appropriate Adr processes and professionals, and designer of effective dispute resolution programs. A former adjunct professor at Vermont Law School and Georgetown Law School, he has conducted numerous trainings for government agencies and private organizations, and is a frequent speaker, on the effective use of negotiation and Adr for legal professionals. Mr. Batson is the author of guidance for federal agencies on mediation practice and Adr confidentiality.

    Bradford E. Bullock is a partner with McKamie Krueger, LLP, where he practices municipal law with a special focus on land use and First Amendment litigation. he serves as Associ-ate City Attorney for Boerne and euless, Texas and is the lead attorney in nAACP v. Kyle. he argued on behalf of Kyle before the Fifth Circuit.

    Jacqueline J. Byers is the director of research and Outreach at the National Association of Counties (NACo) since October 1996, Jacqueline manages the research effort for the organization. In addition to national surveys, research projects and technical assistance, the division is also responsible for the administration of a national awards program. She also serves as the nACo representative to the Census 2010 Advisory Commit-tee, and was a member of the nACo Task Force on President Clinton’s Initiative on race. She also sits as a member on several advisory boards, task forces and commissions. Jacqueline travels around the country and the world making presentations about governance. She is also the nACo staff liaison to the national Association of County Civil Attorneys and nACo Arts and Cul-ture Commission. She is a graduate of Bloomfield College (B.A.) And the Columbus School of Law at Catholic University (J.D.). She is a member of the district of Columbia Bar.

    Carolyn M. Coleman is the director of Federal relations for the national League of Cities, the nation’s oldest and largest organization representing municipal governments. In this role, Carolyn is responsible for overseeing and advocating for nLC’s federal policy agenda with Congress, key federal agencies, the White house, and the courts. Before joining nLC, Carolyn held a variety of positions, including deputy mayor for the City of Indianapolis. A graduate of the University of Kansas and the Indiana University School of Law, Carolyn also has practiced law in the private sector.

    Daniel D. Crean of Crean Law Office, Pembroke, new hampshire, has practiced municipal law in new hampshire for more than thirty years and also taught Land Use and environ-mental Law at Pierce Law Center. he chaired and is currently vice-chair of the n.h. Bar Association’s Municipal & Govern-mental Law Section, and founded the n.h. Municipal Lawyers Association, which he now serves as executive director/General Counsel. he is IMLA’s n.h. State Chair and vice-chair of its Personnel Section. dan has authored articles for legal publications including Municipal Lawyer and the new hampshire Bar Journal, and wrote responding to Changes in Building and Zoning Codes, in the 2009 Aspatore publication Municipal Building and Zoning Code enforcement Best Practices. A veteran CLe panelist, dan’s law office is an approved CLe provider. he has served as a Select-man and regional Planning Commission Chair, and on Planning Boards, along with sundry other committees. he graduated from Yale University and the University of Wisconsin Law School.

    ImLa mID-yEaR SEmInaR 2010 17

  • S p E a k E R B I O G R a p H I E S

    Lowell F. Denton is a shareholder in the San Antonio law firm of denton, navarro, rocha & Bernal, P.C. This firm special-izes in representation of municipalities and other local govern-ments, including defense in litigation. Licensed in 1978, Mr. denton is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. he is a member of the State Bar College, and American Board of Trial Advocates. related work history includes, City Attorney for the City of College Station 1980 – 1984; City Attorney for the City of San Antonio 1984 – 1986; Varied litigation and firm management responsibilities for cities, counties, and schools, with heard, Goggan, Blair & Williams. he also started the firm of denton, navarro, rocha & Bernal, P.C. in 1990. Mr. denton has dedicated his career to the representa-tion and legal defense of local governments and is an experi-enced litigator, with an expertise in helping city officials avoid litigation where possible and try cases effectively when neces-sary. his expertise in the area of municipal defense and litigation is widely known, and he served as the lead attorney in a number of recognizable cases establishing municipal law principles, in-cluding the landmark case City of Boerne v. P. F. Flores, Archbishop of San Antonio, and United States, 117 S. Ct. 2157 (1997) involving the Religious Freedom Restoration Act (RFRA).

    Mai Dinh is an Assistant Chief Counsel for regulations and Security Standards for the Transportation Security Administra-tion. Since joining TSA, she has served as lead rulemaking coun-sel for the Secure Flight program and General Aviation security. Prior to joining TSA, she was the Assistant General Counsel for Policy at the Federal election Commission and a Staff Attorney at the national Indian Gaming Commission. Ms. dinh received her J.d. from George Washington University and her B.S.e. from the Wharton School of the University of Pennsylvania.

    Bob Dixson Mayor of Greensburg, Kansas, is a native Kansan and he has been a resident of Greensburg since 1985. dixson took office as Mayor of Greensburg in May 2008 and he is lead-ing the way in the process of rebuilding the community after the May 4, 2007 tornado. Sustainable building, renewable energy and “green” technologies are the cornerstones of the recovery of Greensburg. Mayor dixson retired from the US Postal Service after 26 years after serving as Postmaster of Greens-burg for 16 years and Pratt, Kansas for 6 years. he served on the USd #422 School Board for 12 years and was President for eight years.

    Daniel Dozier is a partner in Press, Potter & dozier, LLC. he has mediated hundreds of complex multiparty environmen-tal, public policy, and land use disputes and has been appointed by United States district Courts from around the nation to mediate cases. he is listed on rosters of mediators maintained by state and federal courts, the roster of senior environmental mediators of the U.S. Institute of Environmental Conflict Reso-lution (www.ecr.gov); and other rosters of senior mediators. He was an adjunct professor at the Vermont Law School where he

    taught environmental dispute resolution from 1989 to 2000. he has been admitted to the practice of law in Michigan, the district of Columbia, and Maryland.

    Kenneth S. Fellman is a partner in the denver law firm of Kissinger & Fellman, P.C. his practice emphasizes local government representation, particularly telecommunications law, utilities and local government law. Ken has represented local governments, non-profit organizations and governmental associations nationwide in connection with cable television franchising, enforcement actions, deployment of community broadband networks, public safety communications issues, communications service contracts, and gas and electric utility franchising. he also works with local governments in the devel-opment of telecommunications policy documents, rights of way management, tower and antenna siting, infrastructure devel-opment, litigation, and administrative proceedings before the Federal Communications Commission (FCC) and Public Utilities Commission, and other related telecommunications, utilities and land use issues. Ken is the President of the national Association of Telecommunications Officers and Advisors (NATOA). He was honored to receive NATOA’s 2006 Presi-dent’s Award, and to be chosen as nATOA’s 1998 Member of the Year. Ken served as the Mayor of Arvada, Colorado from 1999 – 2007, and as an at large member of the Arvada City Council from 1993 – 1999. In 2004 during Arvada’s centennial celebration, Ken was chosen as one of the 100 most influential citizens in the City’s history. Appointed by then Federal Com-munications Commission Chairman reed hundt to the FCC’s Local and State Government Advisory Committee (LSGAC), Ken served as chair from 1997 until the FCC disbanded the Committee in 2003. In 2004 and 2005 he served on the execu-tive Committee of SAFeCOM – an advisory committee to the U. S. department of homeland Security comprised of local, state and tribal officials, to help improve public safety response through more effective and efficient interoperable wireless communications. he has served as a member of Governor Bill ritter’s Innovation Council since 2007, and was appointed by Governor ritter to the Colorado Channel Authority in 2009. he received his Bachelor of Arts degree in 1978 from Johns hopkins University in Baltimore, Maryland, and his law degree in 1981 from the University of denver College of Law.

    Robert Fisher specializes in mediating multiparty cases. Since 1990 he has mediated a wide range of environmental, financial, land use, natural resources, public policy, and transportation disputes. he also teaches leadership at the Institute for Conflict Analysis and resolution at GMU. he is on the mediation rosters of the U.S. Institute for environmental Conflict resolution, U.S. Court of Appeals for the district of Columbia, and the U.S. district Court for the district of Columbia. he is a member of the district of Columbia Bar. he is the founder and principal of Fisher Collaborative Services, based in Alexandria, VA.

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  • Howard Friedman is deputy Chief of the Contracts and real estate division for the new York City Law depart-ment. howard became deputy Chief in 2004 after joining the Law department in 1998. he counsels City agencies on transactional matters, and acts as transactional counsel on special projects primarily at the request of the Mayor’s Office. howard is a 1985 graduate of harvard Law School.

    Susan Gaffney for over seven years, has been the director of the Federal Liaison Center in Washington dC for the Gov-ernment Finance Officers Association (GFOA). As director of the Federal Liaison Center, Ms. Gaffney oversees the efforts to inform GFOA members about federal legislation, regulations, judicial actions, and policies that affect public finance functions, and represents the interests of GFOA in Washington, d.C.

    Stephen Hardy AICP, Leed AP, BnIM Architects, direc-tor of Planning, began his career working for the United States Congress. After his stint on Capitol hill, Stephen worked as a land planner and project manager for The Conservation Fund in Washington, d.C. where he specialized in handling environmen-tally sensitive land planning and real estate issues for institu-tions, city governments, and private individuals nationwide. Since joining BnIM, Stephen has worked on several large scale sustainable development projects around the country and he was the project manager for the nationally recognized City of Greensburg, Kansas Sustainable Comprehensive Plan, the Kansas City Greater downtown Area Plan, and the Oberlin Green Arts district Plan.

    Adrian E. Herbst is a Principal with the Washington, d.C. based law firm The Baller herbst Law Group, P.C., in charge of its Minneapolis, Minnesota office. he has over 35 years of experience in municipal and governmental work, with an emphasis on cable television franchising and regulation and new and emerging technologies and services related to cable, telecom and internet, including municipal websites, social networks and egovernment and municipal legal and regulatory matters. he has been extensively involved in representing local governments throughout the country on these matters. Adrian is a frequent participant and presenter at IMLA conferences and various state leagues, municipal legal and administrative confer-ences and working with members of his firm helps produce the “Baller herbst List” distributed nationally every business day throughout the country about broadband and related matters. Adrian was a City Councilmember for the City of Bloomington, Minnesota for 16 years and its City Attorney for 7 years. he has served as a past President of the Minnesota Trial Lawyers Association and Vice President of the League of Minnesota Cities. Adrian is a charter member of the national Association of Telecommunications Officers and Advisors (NATOA) and a member of IMLA, the Federal Communications Bar Associa-tion, and the Telecommunications Committee of the Minnesota State Bar Association.

    Steve Holmes Vice President, Government Affairs, Comcast Cable West division, handles franchising and govern-ment affairs matters in eleven western states. he has worked at Comcast for seven years. Prior to joining Comcast, Steve served as VP regulatory Affairs for Charter Communications’ northwest region, as director of the Office of Cable Commu-nications for the City of Seattle, as an assistant city attorney for the City of Seattle, and as a telecommunications lawyer with U.S. West Communications. Steve holds BA and Jd degrees from the University of Oregon and an MBA from the University of Washington, and is a member of the Washington State Bar.

    Sally Howard is the deputy General Counsel for the de-partment of health and human Services of the United States.

    Temple Juett is the General Counsel of the Kentucky League of Cities, a nonprofit, membership organization of 381 cities within the Commonwealth of Kentucky. As general counsel, he serves as a member of the executive management team and is the Chief Legal Officer for the corporation and its 8 affiliated companies which carry out the duties related to its insurance, finance and citizen engagement programs. he is also a registered lobbyist and serves as the director of the KLC Legislative and Policy development Program which represents the interests of city government in Frankfort. Prior to joining KLC in 1999, he worked for 11 years as a practicing attorney in Lexington, Kentucky for Wyatt, Tarrant and Combs and Sturgill, Turner, Barker and Moloney.

    Elizabeth K. Kellar is president and chief executive officer of the Center for State and Local Government excel-lence and also serves as deputy executive director for ICMA. She leads ICMA’s public policy team and speaks on ethics at state, national, and international meetings. She has served as ICMA’s ethics advisor, launched a monthly ethics column, and developed ethics training programs. Ms. Kellar is a Fellow in the national Academy of Public Administration and has served as chair for nAPA’s Standing Panel on the Federal System. She serves on the Advisory Council, American University School of Public Affairs, and is on the editorial Board, Public Adminis-tration review. her publications include, Managing with Less; ethical Insight, ethical Action; and ethos. She served two terms on the Montgomery County Maryland ethics Commission and was the chair of the Commission for three years. Prior to joining ICMA, Ms. Kellar was responsible for community relations for the City of Sunnyvale, California. She has a master’s degree in journalism and political science from Ohio State University.

    ImLa mID-yEaR SEmInaR 2010 19

  • S p E a k E R B I O G R a p H I E S

    Thomas M. Koutsky is Senior Advisor to the FCC Om-nibus Broadband Initiative. Mr. Koutsky received his Juris doctorate with honors from The University of Chicago Law School in 1991, where he received an Olin Fellowship for Law and Government to study constitutional and political theory in eastern europe. Mr. Koutsky received his Bachelor of Arts with highest University honors from the University of Illinois in 1988, where he received a r.J. Waller Fellowship for Liberal Arts Studies.

    James C. Kozlowski J.d., Ph.d., is a licensed attorney who has written and lectured extensively on the legal and legislative aspects of parks and recreation administration in general and the issue of recreational injury liability in particular. A number of his PrLS courses, in particular Sport and recreation Law, have been televised by George Mason University’s GMU-TV over cable systems in northern Virginia. Kozlowski is a legal / legislative policy consultant to the national recreation and Park Association (NRPA) Division of Public Policy. Kozlowski has been admitted and is a member of the Bar in Virginia, Maryland, and the district of Columbia. Kozlowski received the national Literary Award from the national recreation and Park Association (NRPA) for developing and writing his monthly “Law Review” column in Parks & Recreation magazine (January 1982 to present) and the quarterly recreation and Parks Law Reporter (1984-2002). He has received the “Award for Excel-lence” from the national Society for Park resources “in rec-ognition of professional achievement in Parks and recreation.” dr. Kozlowski received his Ph.d. in recreation Administration from the University of Maryland and his Juris doctor degree from the University of Maryland School of Law. he also holds a Master of Science in Leisure Studies (Outdoor Recreation) from the University of Illinois, as well as a Master of Arts in Teach-ing (English) degree from the University of Chicago Graduate School of education, and a Bachelor of Arts degree from The Johns hopkins University.

    Todd A. LaSala Leed AP, is a partner in Stinson, Morrison hecker’s real estate division and concentrates his practice in the areas of development and public/private partnerships. he is one of a select handful of attorneys in Kansas City who have been accredited by the U.S. Green Build-ing Council as a Leed AP. his working knowledge of green building, sustainable practices and the credits and process which are required to achieve Leed certification, enables him to advise clients in the unique legal challenges and strategies involved in developing projects that seek Leed certification. Other clients include landlords and tenants who are working through “green leases” for office, retail and industrial properties. Todd is also familiar with incentives, tax credits and other programs that are available for the benefit of green and sustainable projects.

    Gerard Lavery Lederer CAe, is of counsel to the Law Firm of Miller & Van eaton PLLC, a leading telecommunications

    law firm that promotes the rights of public and private property owners before communications regulators, legislators and in contract negotiations. Mr. Lederer serves as legislative counsel to TeleCommUnity; director of the City of Laredo’s Washington office and special communications counsel to the national Association of Telecommunications Officers and Advisors member communities. Mr. Lederer has also been retained to serve as an advocate for the Alliance for Community Media. he is an honors graduate of both Temple University School of Law and haverford College.

    Lawrence R. “Larry” Liebesman is a nationally recog-nized environmental lawyer and litigator with more than 34 years of experience. his practice emphasizes wetlands, wa-ter pollution, coastal, environmental impact assessment and endangered species law. Mr. Liebesman counsels clients on environmental risks and strategies. he has negotiated permits for large scale commercial, residential, public works, and min-ing projects and has successfully defended challenges to those permits in federal court. he also represents municipalities and public works agencies on waste water and storm water issues. he speaks regularly at national programs on environmental law issues. Mr. Liebesman is an honors graduate of both George Washington University Law School, J.d., with honors and rut-gers University, B.A., magna cum laude, history.

    Robert A. Long is a partner who practices in the areas of appellate litigation, antitrust, and administrative law. he chairs the firm’s Appellate and Supreme Court Litigation Group. Mr. Long has argued 15 cases before the U.S. Supreme Court and has played a substantial role in the briefing or oral argument of more than 100 cases in federal and state appellate courts. he was a law clerk to Justice Lewis F. Powell, Jr., of the U.S. Su-preme Court and Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit. From 1990 to 1993, he served as an Assistant to the Solicitor General of the United States. he is recognized as a leading appellate lawyer in Best Lawyers in America (also listed for administrative law and commercial litigation), Chambers USA: America’s Leading Lawyers, Guide to the World’s Leading Lawyers, Washingtonian “Top Lawyers,” and Washington, dC Super Lawyers. Mr. Long is an adjunct professor at Georgetown University Law Center. Mr. Long is a graduate of Yale Law School, J.d., 1985; Yale Law Journal, note editor; University of Oxford, B.A./M.A., 1982; rhodes Scholar; University of north Carolina at Chapel hill, B.A., 1980; More-head Scholar; national Merit Scholar, Phi Beta Kappa.

    Nicholas P. Miller is an expert in the law and policy gov-erning cable television and telephone regulation, and in the legislative aspects of communications law. he is a well-known advocate for the interests of local governments, airports, and national local government associations in cable television and telecommunications matters. he served as the U. S. Senate Communications Counsel and as a special consultant to the

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  • White house on telephone deregulation issues. he has worked extensively with international multilateral agencies engaged in telecommunications policy advice to developing countries. And Mr. Miller is widely recognized for his lobbying experience with the Cable Act of 1984 and 1992, the AT&T divestiture, and the Telecommunications Act of 1996. Mr. Miller is admitted to practice in Washington State and the district of Columbia Bar Associations. he received his law degree in 1973, and his undergraduate degree in 1966, both from the University of Washington where he was a member of the Washington Law review. he is a member of the American and Federal Commu-nications Bar Associations and an honorary life-time member of the national Association of Telecommunications Officers and Advisors, where he was their 1995 Member of the Year. he is also a member of the International Municipal Lawyers Association where he was selected as Associate Member of the Year for 2008. Mr. Miller was a founding partner of the Wash-ington, d.C. law firm Miller & holbrooke. Prior to law school, Mr. Miller served in the U.S. navy in Vietnam where he saw extensive combat. Mr. Miller holds the Silver Star, the Purple heart and other combat commendations.

    Sharon E. Pandak was Prince William County Attorney, VA, for 15 years. She now represents public entities at Greehan, Taves, Pandak & Stoner, PLLC , and is Orange County Attorney. She chairs the ABA Government and Public Sectors Lawyers division CLe Committee. She served on the Virginia Bar Association executive Committee; Virginia State Bar Coun-cil - UPL and Judicial nominations Committees and Special Committee to Study the Code of Professional responsibility; VSB Professionalism Faculty; and VA Supreme Court Commis-sion on Virginia Courts in the 21st Century. She was President of Local Government Attorneys of Virginia and County Bar Association. her J.d. is from the College of William & Mary.

    John W. Pestle is Chair of the Telecommunications Group at the Varnum firm in Michigan and represents municipalities across the country on telecommunications matters. he is a graduate of harvard College, Yale Graduate School, and the University of Michigan Law School and is a past Chair of the Municipal Lawyer’s Section of the State Bar of Michigan.

    John P. Relman is the Managing Partner of relman & dane, PLLC, a public interest law firm specializing in civil rights litigation. From 1989 to 1999, Mr. relman headed the Fair housing Project at the Washington Lawyer’s Committee for Civil rights. Mr. relman’s better known cases include Timus v. William J. Davis, Inc. ($2.4 million jury verdict for housing discrimination); Dyson v. Denny’s Restaurants ($17.725 million race discrimination class settlement); Pugh v. Avis rent-A-Car ($5.4 million class settlement); and Gilliam v. Adam’s Mark Hotels ($2.1 million class settlement). Mr. Relman is the author of housing discrimination Practice Manual, published by the West Group, and teaches public interest law at the

    Georgetown University Law Center. he received his law degree from the University of Michigan and his undergraduate degree from harvard.

    Elizabeth “Liz” Willoughby Riley serves as legal counsel to north Carolina Governor Bev Perdue’s Office of economic Recovery and Investment (OERI), created in February 2009 to oversee and track the federal stimulus money coming to north Carolina. She provides legal advice to the OerI staff to facilitate compliance with funding requirements and ensure transparency, accountability and efficiency in the use of ArrA funds. Liz previously served as deputy Legal Counsel to the Governor and prior to that was in private practice with a law firm in Charlotte.

    Jeffrey Rosen is a professor of law at George Washington University, the legal affairs editor of The new republic, and a nonresident Senior Fellow at the Brookings Institution. his most recent book is The Supreme Court: The Personalities and Rivalries that Defined America, the bestselling companion book to the PBS series on the Supreme Court. he is also the author of The Most democratic Branch, The naked Crowd, and The Unwanted Gaze, which The new York Times called “the definitive text in privacy perils in the digital age.” rosen is a graduate of harvard College, summa cum laude; Oxford Uni-versity, where he was a Marshall Scholar; and Yale Law School. his essays and commentaries have appeared in the new York Times Magazine, The Atlantic Monthly, on national Public radio, and in The new Yorker, where he has been a staff writer. The Chicago Tribune named him one of the ten best magazine journalists in America and the L.A. Times called him “the nation’s most widely read and influential legal commen-tator.” he lives in Washington, d.C. with his wife Christine rosen and two sons.

    Richard Ruda is Chief Counsel of the State and Local Legal Center in Washington, d.C. The Legal Center files amicus briefs in support of state and local governments in the U.S. Supreme Court and provides legal advice to state and local government attorneys and officials in connection with Supreme Court litigation and practice. Prior to joining the Legal Center, richard was engaged in the private practice of law, specializing in federal appellate litigation. he received a B.A. from Yale University, graduate degrees from Yale and the University of London, and a J.d. from harvard University.

    Michael Ruger is Senior director of Government Affairs of Comcast Cable Communications, LLC. Michael has held various positions at the FCC and was an associate at Baker hostetler. he is a graduate of The Pennsylvania State University, where he majored in political science and psychology, and received his law degree from the Georgetown University Law Center. he is a member of the Pennsylvania and district of Columbia bars.

    ImLa mID-yEaR SEmInaR 2010 21

  • S p E a k E R B I O G R a p H I E S

    Michelle Sager is an Assistant director in the Strategic Issues team at the U.S. Government Accountability Office (GAO). Ms. Sager received a Ph.D. in Public Policy and M.A. in International Commerce and Policy in addition to a B.A. in Communications and Political Science. She is the author of a book and other publications on federalism and interna-tional trade.

    Edward A. Somers currently serves as Chief of Staff of The U.S. Conference of Mayors. In this position, he is responsible for federal policy coordination, as well as program management of major annual and leadership meetings. In his capacity as Chief of Staff, Mr. Somers drafts and coordinates major speeches for the Conference of Mayors President and serves as staff liaison to the White house, Congressional leadership, and the “Big 7” state and local government organizations. Mr. Somers previ-ously staffed the Criminal and Social Justice Committee, Urban economic Policy Committee, homeland Security Task Force, and Mayors and Police Chiefs Task Force of The U.S. Conference of Mayors. Prior to joining The U.S. Conference of Mayors in Janu-ary of 1994, Mr. Somers served as Legislative representative for the City of Los Angeles Washington Office for five years. In this position, he handled intergovernmental issues including enter-prise zone legislation, the crime bill, transportation infrastruc-ture projects, job training legislation, and general tax policy. Mr. Somers also served as Assistant Federal Liaison for the Texas Municipal League in 1988. Mr. Somers is a native of Cleveland heights, Ohio and received a Bachelor of Science degree from The American University in 1988.

    Joseph Van Eaton is a Partner with the Washington, d.C. and California-based firm of Miller and Van eaton, P.L.L.C. and received his law degree, cum laude, from the University of Pennsylvania in 1979, and his undergraduate degree, magna cum laude, in 1975 from Syracuse University. For 25 years, he has specialized in assisting local governments on cable, telephone, Internet and wireless issues in courts and at the negotiating table. he is representing municipalities in a pending appeal challenging recent FCC cable franchising orders.

    Kelly D. Wheaton is the Acting deputy Chief Counsel, enforcement and Incident Management for the Transportation Security Administration (TSA). He came to the TSA in October, 2008, after serving 23 years in the U.S. Army as an attorney, retiring with the rank of colonel. In his current position he is responsible for civil and criminal enforcement actions, as well as TSA’s international law department, legal advice to TSA’s many credentialing programs and general legal advice to the Federal Air Marshal Service.

    David Whitford is Chief of decennial Statistical Studies division at the U.S. Bureau of the Census. This division has purview over the statistical aspects of decennial censuses and the American Community Survey. his background is in census evaluation, quality assurance and survey methodology. Before becoming chief of decennial Statistical Studies division, david was program manager for the coverage measurement program for the U.S. Census 2000. david has a master’s degree in mathematical statistics from the University of Maryland and lives in Bethesda, Maryland.

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  • ImLa mID-yEaR SEmInaR 2010 23

  • I m L a pa S T p R E S I D E n T S

    1935-1936Henry E. FoleyBoston, MA

    1936-1937Raymond J. Kellydetroit, MI

    1937-1939Barnet HodesChicago, IL

    1939-1940Joe W. AndersonChattanooga, Tn

    1940-1942William C. Chanlernew York, nY

    1942-1943Horace H. Edwardsrichmond, VA

    1943-1944Ray L. CheseboroLos Angeles, CA

    1944-1945Fred T. Van Liewdes Moines, IA

    1945-1946William E. KempKansas City, MO

    1946-1947Herman C. WilsonGreensboro, nC

    1947-1948Anne x. AlpernPittsburgh, PA

    1948-1949Alexander G. BrownPortland, Or

    1949-1950Robert D. MorrisonLynchburg, VA

    1950-1951William H. Emersonrochester, nY

    1951-1952Thomas N. BiddisonBaltimore, Md

    1952-1953David M. ProctorKansas City, MO

    1953-1954A.C. Van SoelenSeattle, WA

    1954-1955Henry B. Curtisnew Orleans, LA

    1955-1956Dion R. HolmSan Francisco, CA

    1956-1957Barnett I. ShurPortland, Me

    1957-1958J. Elliot Drinardrichmond, VA

    1958-1959Ralph S. LocherCleveland, Oh

    1959-1960Roger ArneberghLos Angeles, CA

    1960-1961John MelaniphyChicago, IL

    1961-1962Henry P. Kuceradallas, TX

    1962-1963Leo A. Larkinnew York, nY

    1963-1964Fred W. AleyWichita, KS

    1964-1965John H. FlemingMilwaukee, WI

    1965-1966George E. MurphyBeaumont, TX

    1966-1967William M. MadisonJacksonville, FL

    1967-1968Robert Reesedetroit, MI

    1968-1969Thomas M. o’ConnorSan Francisco, CA

    1969-1970Herbert C. HoffmanKansas City, MO

    1970-1971J. Lee Rankinnew York, nY

    1971-1972A.L. NewbouldSeattle, WA

    1972-1973Robert T. Andersonhercules, CA

    1973-1974Marvin J. Glinknaperville, IL

    1974-1975N. Alex Bickleydallas, TX

    1975-1976Eugene N. CollinsChattanooga, Tn

    1976-1977Conard B. Mattox, Jr.richmond, VA

    1977-1978T. Emmet WalshSpartanburg, SC

    1978-1979Samuel GorlickBurbank, CA

    1979-1980Aaron W. WilsonKansas City, MO

    1980-1981John DekkerWichita, KS

    1981-1982James B. BrennanMilwaukee, WI

    1982-1983Henry W. Underhill, Jr.Charlotte, nC

    1983-1984Benjamin L. BrownBaltimore, Md

    1984-1985J. LaMar ShelleyMesa, AZ

    1985-1986John W. WittSan diego, CA

    1986-1987Roger E. CutlerSalt Lake City, UT

    1987-1988Roy D. BatesColumbia, SC

    1988-1989William H. TaubeChebanse, IL

    1989-1990Marva Jones BrooksAtlanta, GA

    1990-1991William I. Thornton, Jr.durham, nC

    1991-1992Analeslie Muncydallas, TX

    1992-1993Robert J. AlftonMinneapolis, Mn

    1993-1994Joseph I. MulliganBoston, MA

    1994-1995Robert J. ManglerWilmette, IL

    1995-1996Joseph N. deRaismes, IIIBoulder, CO

    1996-1997Frank B. Gummey, IIIdaytona Beach, FL1997-1998Robert J. WatsonOverland Park, KS

    1998-1999Patricia A. Lynchreno, nV

    1999-2000William J. Kearns, Jr.Willingboro, nJ

    2000-2001Iris J. JonesPrairie View, TX

    2001-2002John J. zimmermannPark ridge, IL

    2002-2003James H. Epps, IIIJohnson City, Tn

    2003-2004Garry E. HunterAthens, Oh

    2004-2005Bruce A. Noble, q.C.Fredericton, new BrunswickCanada

    2005-2006Gary W. RebenstorfWichita, KS

    2006-2007James L. AbshierSioux Falls, IA

    2007-2008Robert M. WhiteCity AttorneyAlbuquerque, nM

    2008-2009IMMedIATe PAST PreSIdenTSusan C. RochaCity AttorneyCibolo, Texas

    24

  • 2 0 0 9 - 2 0 1 0I m L a R E G I O n a L V I C E p R E S I D E n T S

    1ST CIrCUIT(ME, MA, NH, PR, RI)William H. SolomonTown CounselStoneham, Massachusetts

    2nd CIrCUIT(CT,NY,VT)Joseph E. McNeilCity AttorneyBurlington, Vermont

    3rd CIrCUIT(DE, NJ, PA, VI)John C. GillespieTownship SolicitorChesterfield, New Jersey

    4Th CIrCUIT (MD, NC, SC, VA, WV)L. Ashley SmithCity AttorneyGastonia, north Carolina

    5Th CIrCUIT (LA, MS, TX)Diane C. WetherbeeCity AttorneyPlano, Texas

    6Th CIrCUIT (KY,MI,OH,TN)Stephen J. SmithLaw directordublin, Ohio

    7Th CIrCUIT(IL, IN, WI)Barbara A. AdamsVillage AttorneyKenilworth, Illinois

    8TH CIRCUIT (NORTH)(MN, ND, SD)Howard D. SwansonCity AttorneyGrand Forks, north dakota

    8TH CIRCUIT (SOUTH)(AR, IA, MO, NE)Bruce E. BergmanCity Attorneydes Moines, Iowa

    9TH CIRCUIT (NORTH)(AK, ID, MT, OR, WA)Edward J. SullivanCity AttorneyOregon City, Oregon

    9TH CIRCUIT (SOUTH)(AZ, CA, HI, NV)Scott HowardCity AttorneyGlendale, California

    10TH CIRCUIT (NORTH)(CO, UT, WY)Richard P. BradyCity AttorneyGreeley, Colorado

    10TH CIRCUIT (SOUTH)(KS, NM, OK)Neil R. ShortlidgeCity Attorneyroeland Park, Kansas

    11Th CIrCUIT(AL, FL, GA)James E. Elliott, Jr.City AttorneyWarner robins, Georgia

    CAnAdIAn reGIOnAL VICe PreSIdenTAnna KinastowskiCity SolicitorToronto, Ontario, Canada

    ImLa mID-yEaR SEmInaR 2010 25

  • I m L a S TaT E C H a I R S

    AlabamaRobert W. EnnisCity AttorneyTuscaloosa, Alabama

    AlaskaRhonda Fehlen Westoverdeputy City AttorneyAnchorage, Alaska

    ArizonaStephen M. KempCity AttorneyPeoria, Arizona

    ArkansasKit WilliamsCity AttorneyFayetteville, Arkansas

    CaliforniaRonald R. BallCity AttorneyCarlsbad, California

    ColoradoMartin McCulloughCity AttorneyWestminster, Colorado

    ConnecticutTimothy BatesTown AttorneyPlainfield, Connecticut

    DelawareRoger A. AkinCity Solicitornewark, delaware

    FloridaMarion J. RadsonCity AttorneyGainesville, Florida

    GeorgiaRebecca TydingsCity AttorneyCenterville, Georgia

    HawaiiCarrie K.S. okinagaCorporation Counselhonolulu, hawaii

    IdahoDale W. StorerCity AttorneyIdaho Falls, Idaho

    IllinoisDavid R. WiltseCity Attorneydes Plaines, Illinois

    IndianaDouglas C. HaneyCity AttorneyCarmel, Indiana

    IowaGregory S. JagerCity AttorneyBettendorf, Iowa

    KansasCindy HarmisonCity AttorneyLenexa, Kansas

    KentuckyVacantIf Interested, Contact IMLA

    LouisianaCharles C. GrubbParish AttorneyCaddo Parish, Louisiana

    MaineMary KahlCorporation CounselSouth Portland, Maine

    MarylandKevin J. BestAssistant City AttorneySt. Michaels, Maryland

    MassachusettsJames B. LampkeTown Counselhull, Massachusetts

    MichiganPeter Letzmann Attorney at LawLowell, Michigan

    MinnesotaCorrine A. HeineAssistant City AttorneyBrooklyn Park, Minnesota

    MississippiBenjamin E. GriffithBoard AttorneyYazoo-Mississippi deltaJoint Water ManagementDistrict (YMD)Cleveland, Mississippi

    MissouriB. Allen GarnerCity CounselorIndependence, Missouri

    MontanaJohn Kelly Addydeputy City AttorneyBillings, Montana

    NebraskaPaul D. KratzCity AttorneyOmaha, nebraska

    NevadaVacantIf Interested, Contact IMLA

    New HampshireDaniel D. Creanexecutive directornh Municipal Attorneys Association Pembroke, new hampshire

    New JerseyWilliam H. EatonCounselKorona Bedes & eaton, LLCAtlantic highlands, new Jersey

    New MexicoJay BurnhamCity AttorneyFarmington, new Mexico

    New YorkArthur GutekunstSr. Asst. Corporation Counsel White Plains, new York

    North CarolinaPatrick BakerCity Attorneydurham, north Carolina

    North DakotaBrian D. NeugebauerCity AttorneyWest Fargo, north dakota

    OhioGary A. Ebertdirector of LawBay Village, Ohio

    26

  • AlabamaRobert W. EnnisCity AttorneyTuscaloosa, Alabama

    AlaskaRhonda Fehlen Westoverdeputy City AttorneyAnchorage, Alaska

    ArizonaStephen M. KempCity AttorneyPeoria, Arizona

    ArkansasKit WilliamsCity AttorneyFayetteville, Arkansas

    CaliforniaRonald R. BallCity AttorneyCarlsbad, California

    ColoradoMartin McCulloughCity AttorneyWestminster, Colorado

    ConnecticutTimothy BatesTown AttorneyPlainfield, Connecticut

    DelawareRoger A. AkinCity Solicitornewark, delaware

    FloridaMarion J. RadsonCity AttorneyGainesville, Florida

    GeorgiaRebecca TydingsCity AttorneyCenterville, Georgia

    HawaiiCarrie K.S. okinagaCorporation Counselhonolulu, hawaii

    IdahoDale W. StorerCity AttorneyIdaho Falls, Idaho

    IllinoisDavid R. WiltseCity Attorneydes Plaines, Illinois

    IndianaDouglas C. HaneyCity AttorneyCarmel, Indiana

    IowaGregory S. JagerCity AttorneyBettendorf, Iowa

    KansasCindy HarmisonCity AttorneyLenexa, Kansas

    KentuckyVacantIf Interested, Contact IMLA

    LouisianaCharles C. GrubbParish AttorneyCaddo Parish, Louisiana

    MaineMary KahlCorporation CounselSouth Portland, Maine

    MarylandKevin J. BestAssistant City AttorneySt. Michaels, Maryland

    MassachusettsJames B. LampkeTown Counselhull, Massachusetts

    MichiganPeter Letzmann Attorney at LawLowell, Michigan

    MinnesotaCorrine A. HeineAssistant City AttorneyBrooklyn Park, Minnesota

    MississippiBenjamin E. GriffithBoard AttorneyYazoo-Mississippi deltaJoint Water ManagementDistrict (YMD)Cleveland, Mississippi

    MissouriB. Allen GarnerCity CounselorIndependence, Missouri

    MontanaJohn Kelly Addydeputy City AttorneyBillings, Montana

    NebraskaPaul D. KratzCity AttorneyOmaha, nebraska

    NevadaVacantIf Interested, Contact IMLA

    New HampshireDaniel D. Creanexecutive directornh Municipal Attorneys Association Pembroke, new hampshire

    New JerseyWilliam H. EatonCounselKorona Bedes & eaton, LLCAtlantic highlands, new Jersey

    New MexicoJay BurnhamCity AttorneyFarmington, new Mexico

    New YorkArthur GutekunstSr. Asst. Corporation Counsel White Plains, new York

    North CarolinaPatrick BakerCity Attorneydurham, north Carolina

    North DakotaBrian D. NeugebauerCity AttorneyWest Fargo, north dakota

    OhioGary A. Ebertdirector of LawBay Village, Ohio

    OklahomaMartha Rupp CarterAttorneyTulsa health departmentTulsa, Oklahoma

    OregonJeffrey G. ConditCounselMiller nash Wiener & hagerPortland, Oregon

    PennsylvaniaVacantIf interested, Contact IMLA

    Rhode IslandJoseph J. Nicholson, Jr.City Solicitornewport, rhode Island

    South CarolinaKenneth E. GainesSenior Assistant City AttorneyColumbia, South Carolina

    South DakotaSteven J. BritzmanCity AttorneyBrookings, South dakota

    TennesseeKaren BeykeCity AttorneyFranklin, Tennessee

    TexasArt Pertile, IIIOlson & Olson, LLPhouston, Texas

    UtahDavid CarlsonCity AttorneySouth Salt Lake City, Utah

    VermontVacantIf Interested, Contact IMLA

    VirginiaJoseph HowardCounty AttorneyStafford County, Virginia

    WashingtonLori RiordonCity AttorneyBellevue, Washington

    West VirginiaRose Humway-WarmuthCity SolicitorWheeling, West Virginia

    WisconsinJames G. GodlewskiCity Attorneyneenah, Wisconsin

    WyomingVacantIf Interested, Contact IMLA

    ImLa mID-yEaR SEmInaR 2010 27

  • IMLA’s 75th

    AnnIversAry ConferenCe

    new orLeAns, LouIsIAnA

    oCtober 10 -13, 2010

    IMLA’s 76th

    AnnuAL ConferenCe

    ChICAgo, ILLInoIs

    septeMber 11-14, 2011

    future ConferenCes& seMInArs

    28

  • If you are interested in presentin

    g a

    paper at one of these future con

    ferences

    or seminars, please contact IML

    A at

    [email protected].

    IMLA’s 77th

    AnnuAL ConferenCe

    AustIn, texAsoCtober 21- 23

    , 2012

    IMLA’s 78thAnnuAL Confer

    enCe

    sAn frAnCIsCo, CALIfornIA

    septeMber 29 -oCtober 2, 20

    13

    IMLA’s MId -yeAr seMInArs

    wAshIngton, d.C

    AprIL 10 - 12, 2011

    AprIL 22- 24, 2012

    AprIL 14 - 16, 2013

    ImLa mID-yEaR SEmInaR 2010 29

  • n O T E S

    30

  • n O T E S

    ImLa mID-yEaR SEmInaR 2010 31

  • The 2010 IMLA MId-YeAr SeMInAr

    ABOUT IMLAThe International Municipal Lawyers Association (IMLA) is a non-profit, non-partisan organization that has been an advocate and valuable legal resource for local government attorneys since 1935. IMLA offers its members continuing legal education courses and events, research services, substantive

    legal sections, amicus briefs, a bi-weekly e-mail newsletter, teleconferences, the Municipal Lawyer magazine, the IMLA Model Ordinance Service, and a listserv for the exchange of information. For details, contact IMLA by phone (202) 466-5424, fax (202) 785-0152, e-mail [email protected], or visit our web site at www.imla.org.

    International Municipal Lawyers Association7910 Woodmont Avenue, Suite 1440, Bethesda, Md 20814

    e-mail: [email protected] site: www.imla.org