Sections & Committees

Local and State Government Law Section

FREEDOM OF INFORMATION AND THE OPEN MEETINGS LAW CLE PROGRAM

NYSBA Member: $135


THE FREEDOM OF INFORMATION AND THE OPEN MEETINGS LAW CLE PROGRAM

This popular, recurring program will review current hot topics and trends in the Freedom of Information and Open Meetings Laws, with a focus on recent statutory amendments and recent New York Court of Appeals decisions, and on issues relating to information technology. Ongoing, high-profile issues, such as dealing with a public body’s “Executive Session,” notice requirements, email and the generation or extraction of information maintained electronically, and grounds for denials of FOIL requests, will be addressed. 

Sponsored by the Committee on Continuing Legal Education, the General Practice Section and the Local & State Government Sectionof the New York State Bar Association. 

Register for the Albany Event Here 
Thursday, September 13th | 9:00 a.m. - 12:00 p.m. | Live Program
New York State Bar Center | 1 Elk Street | Albany, NY 12207

Register for the New York City Event Here
Friday, September 14th | 9:00 a.m. - 12:00 p.m. | Live Program
CFA Society New York | 1540 Broadway | Suite 1010 | New York, NY 10036  

3.0 MCLE Credits: 2.5 Areas of Professional Practice; 0.5 Ethics 

NYSBA Member: $135 | Non-Member: $235
General Practice Section Member: $110
Local and State Government Law Section Member: $110



Learn More About The Freedom of Information and the Open Meetings Law CLE Program. 

Program Postcard  - Coming Soon!  

Agenda Topics
  • Ethical Basis of Open Government Laws
  • Freedom of Information Law
  • Open Meetings Law 

Please click here to view the full program agenda

Program Faculty 

Anthony J. Fasano, Esq. | Guercio & Guercio, LLP | Farmingdale
Robert J. Freeman, Esq. | NYS Committee on Open Government | Albany
Cory H. Morris, Esq. | Law Office of Cory H. Morris | Huntington



Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.  

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form. 

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the program WILL NOT receive credit for that program segment.

Follow NYSBA CLE on Twitter! @NYSBACLE for the latest program announcements.
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To view the full list of Continuing Legal Education Programs, click here.   

If you have any questions about this program, please contact Tom Richards; CLE Staff Attorney, or Bridget Donlon; CLE Program Coordinator.

2018 FALL MEETING

September 28-29, 2018

The Westin Buffalo | 250 Delaware Ave. | Buffalo NY 14202

Hotel Rooms: $169 a night 

Room block ends September 17th 


Book your hotel room online today!: https://www.starwoodmeeting.com/Book/NewYorkStateBarAssnRoomBlk2018 or call The Westin Buffalo at 716-858-5900 (Mention the New York State Bar Association Room Block to receive the discount)

8.0 Total MCLE Credits - 5.5 Professional Practice, 1.5 Ethics, 1.0 Diversity, Inclusion and Elimination of Bias (1.5 credits -1.0 Professional Practice and .5 Ethics - are Transitional and are suitable for newly admitted attorneys) The rest of the program is non-transitional and therefore cannot be used to fulfill MCLE requirements for newly admitted attorneys. 


View Program Brochure

Pricing:
Section Member: $240.00
NYSBA Member: $275.00
Non-NYSBA Member: $375.00 

Section Member Friday Only: $125.00 
NYSBA Member Friday Only: $160.00
Non-NYSBA Member: $225.00

Section Member Admitted 5 years or less: $140.00
NYSBA Member Admitted 5 years or less: $175.00 

Guest (a la carte pricing):
Box lunch: $20
Reception: $40 

REGISTER NOW



Agenda
Friday, September 28
   

11:30 a.m.                         Registration 

12:30 p.m. – 2:00 p.m. - CLE for Transitional Credit (Experienced Attorneys Also Welcome!)   

                         Introductions – Program Co-Chairs   

12:30 p.m. - 1:00 p.m. - NYS Freedom of Information Law (FOIL) Basics (0.5 credits in Professional Practice, Transitional Credit)
                                       Speaker: Chris G. Trapp, Esq., Greco Trapp, PLLC, Buffalo   

1:00 p.m. – 1:30 p.m. - Notice of Claim Basics (0.5 credits in Professional Practice, Transitional Credit)   
This presentation will examine the purpose, proper procedure, and critical nature of the Notice of Claim pursuant to General Municipal Law § 50-e.  The presentation will look at the Notice of Claim from the perspective of the Plaintiff and the Municipality.
                                      Speaker: John Campolieto, Esq., Municipal Attorney, City of Rochester   

1:30 p.m. – 2:00 p.m. - Ethical Issues for New Public Sector Attorneys – Reliance on a Supervisor’s Resolution of a Question of Professional Duty (0.5 credits in Ethics, Transitional Credit) 
Using relevant NYSBA Ethics Opinions, this presentation will address the situation where a subordinate lawyer is directed by a supervising lawyer to act in a manner that raises ethical concerns for the subordinate lawyer.  
                                      Speaker:  James D. Bilik, Esq., Arbitrator and Mediator, Albany     

2:00 p.m. – 5:30 p.m. -  General Session   

2:00 p.m.– 2:10 p.m.  Welcoming Remarks |  Introductions – Program Co-Chairs   

2:10 p.m. – 2:35  p.m.-  Update from the State’s 2018 Legislative Session (0.5 credits in Professional Practice)
This presentation will review significant legislation that was enacted in the past legislative session, with particular focus on legislation that impacts municipalities.  We will also discuss initiatives that did not pass this time around, but may be brought up again in the near future.                                                                 Speaker: Charles W. Malcomb, Esq., Partner, Hodgson Russ LLP, Buffalo          

2:35 p.m. – 3:25 p.m. -  Recent Federal Tax Law Changes and Federal Tax Hot Topics for Municipalities and State Government, Including Remedial NYS Legislation (1.0 credits in Professional Practice)
This presentation will focus on the effects of the recently enacted Tax Cuts and Jobs Act (TCJA) on municipalities and state government, including remedial New York State legislation.  This presentation will also highlight some of the common federal tax law issues for tax-exempt bond financings, including private business use, post issuance compliance, IRS initiatives, and more. 
                                     Speaker:  Marla Waiss, Esq., Partner, Hodgson Russ LLP, Buffalo   

3:25 p.m.  – 3:40 p.m.  Refreshment Break   

3:40 p.m. – 4:30 p.m. - SEQRA – 2018 Amendments (1.0 credits in Professional Practice)                                
This presentation will cover the 2018 amendments to the regulations that implement the State Environmental Quality Review Act.   
                                      Speakers: Lawrence H. Weintraub, Esq. and Thomas J. King, Esq. Office of General Counsel, NYS Department of Environmental Conservation, Albany   

4:30 p.m. – 5:20 p.m.   A Half Century of Home Rule in New York (1.0 credits in Professional Practice)
In an era of gridlocked partisanship, local governments are emerging as sites of innovative and forward-looking policymaking.  But despite the adoption of “Home Rule” in New York, the power of its cities and other localities remains uncertain.  This presentation examines the current state of Home Rule in New York, and what it means for state-local relations and the future of local democracy.       
                                       Speaker:  Rick Su, Professor of Law, University at Buffalo School of Law   

5:20 p.m. – 5:30 p.m. -  Closing Remarks   

5:30 p.m. – 6:30 p.m.      Please join us in the Courtyard for a reception.   

Dinner is on your own tonight. 

Saturday, September 29

8:00 a.m.        Registration and Continental Breakfast

9:00 a.m. – 12:00 p.m.   General Session 

9:00 a.m. -  9:10 a.m. -  Welcoming Remarks |  Introductions – Program Co-Chairs    

9:10 a.m. – 10:00 a.m. -  Latest Developments on Sexual Harassment and Discrimination in the Public Workplace and the Effects of the #MeToo Movement (1.0 credits in Diversity, Inclusion and Elimination of Bias) 
The #MeToo movement has had an impact on all employers including public sector employers. As a result, New York State passed sexual harassment legislation in 2018 applicable to all employers, including public employers in New York State.  This session will address the new legislation and its requirements, the role of attorneys in recommending and developing best practices for sexual harassment and discrimination policies, training, handling and investigating claims, settlements and settlement agreements, as well as discussion about how the #MeToo movement has affected the workplace. Finally, this session will briefly discuss the Stop Sexual Harassment in NYC Act. 
                                          Speakers: Kristin Klein Wheaton, Esq., Partner, Goldberg Segalla LLP, Buffalo; Lindy Korn, Esq., The Law Office of Lindy Korn, PLLC, Buffalo
                                           Moderator:  Lise Gelernter, Arbitrator and Faculty, University at Buffalo School of Law    

10:00 a.m. - 10:10 a.m.   Refreshment Break

10:10 a.m.  - 11:00 a.m.  - Janus and Beyond: The Demise of Agency Fees (1.0 credits in Professional Practice)
This presentation will analyze the impacts of the United States Supreme Court’s decision in Janus v. AFSCME Council 31, which struck down “fair share fees”, better known in New York State as “agency fees” under the Taylor Law, as being unconstitutional on First Amendment grounds.  The session will also discuss the obligations of municipal employers under new State legislation, signed by Governor Cuomo on April 12, 2018, which seemingly is intended to protect the public sector unions, and their dues revenue stream, in light of the expected effects of Janus.
                                            Speakers: John F. Corcoran, Esq., Partner, Hancock Estabrook, LLP, Syracuse; Judith Crelin Mayle, Esq., Thomas, Drohan, Waxman, Petigrow and Mayle, LLP, Hopewell Junction    

11:00 a.m.  – 11:50 a.m. -   Ethical Issues for Public Sector Attorneys in NYS, Including the Limitations on Attorney-Client Privilege for State and Local Government Lawyers (1.0 credits in Ethics) 
Attorneys in the public sector are bound by special ethical rules in addition to those rules binding on all attorneys. This session will address the special ethical responsibilities of government lawyers under the New York Rules of Professional Conduct, focusing on such issues as: limitations on lawyers’ speech, limits on the attorney-client privilege for government lawyers during investigations into the government client’s conduct, and conflicts of interest for former private sector attorneys and for government lawyers moving into the private sector.
                                             Speaker:  James G. Milles, Professor of Law and Vice Dean for Undergraduate Studies, University of Buffalo School of Law   

11:50 a.m. – 12:00  p.m. - Closing Remarks

Mark your calendars and come join your colleagues for networking and educational classes September 28-29, 2018!

REGISTER NOW

Questions? Contact Kristina Gagnon 


ADMINISTRATIVE HEARINGS BEFORE NEW YORK STATE AGENCIES

 NYSBA CLE Program

Local and State Government Law Section

Topics will include:
Hearings under the New York State Administrative Procedure Act Articles 3-5 and State Administrative Law Judges’ Model Code of Conduct
Proceedings Before the New York State Division of Tax Appeals/Tax Appeals Tribunal
NYC - Proceedings Before the New York City Office of Administrative Trials and Hearings (OATH)
ALBANY - Hearings Before Special Education Impartial Hearing Officers in New York
Hearings Before the New York State Workers’ Compensation Board, including Administration of the Paid Family Leave (PFL) LawHearings Before the New York State Department of Environmental ConservationHearings Before the New York State Department of Health and the State Board for Professional Medical Conduct

View the Program Agenda 

New York City | Register Here

Thursday, November 1, 2018

CFA Society New York (formerly NYSSA) 

1540 Broadway #1010, New York, NY 10036


Albany & Webcast | Register Here

Thursday, November 8, 2018

New York State Bar Association

1 Elk Street, Albany, NY 12207

View the Program Agenda 

9:00 a.m. – 4:30 p.m. at both locations.

7.0 MCLE Credits

LOCAL AND GOVERNMENT LAW SECTION SPRING FORUM

In Person Program was recorded on April 27, 2018 at the New York State Bar Association, 1 Elk Street, Albany NY 12207

3.0 MCLE Credits in Professional Practice

Cost: Free to NYSBA Members | $25 for Non-Member

PURCHASE WEBCAST

Additional Information:

Agenda:

Minority and Woman-owned Business Enterprise (MWBE) Purchasing in New York
MWBEs receive special consideration on contracts let by New York State.  The proposed 2019 executive budget includes legislation that would extend these existing MWBE purchasing provisions to local government contracts.  This program will discuss the requirements of the existing MWBE program and what local and state government attorneys need to know about it.

Martha Mann Alfaro, Esq.
New York City Law Dept, New York, NY

Noreen VanDoren, Esq.
New York State Office of General Services, Albany, NY

New York State Response to Changes in Federal Tax Law
The recent changes in the federal tax laws have prompted a strong response from New York State. This panel discussed how the changes to the federal tax laws affect New York’s income and real property tax structure, and what the State is doing to protect its taxpayers.

Danshera Cords, Esq.
Professor of Law, Albany Law School, Albany, New York

Kathleen Hodgdon, Esq.
Associate Counsel
Association of Towns of the State of New York, Albany, New York

State and Local Government Financial Disclosure Requirements
This program discussed responses to the call for greater transparency and accountability in state and local government operations and focused on financial disclosure requirements for state and local government employees, elected officials and officers.

Seth H. Agata, Esq.,
Executive Director
New York State Joint Commission on Public Ethics, Albany, New York

Steven G. Leventhal, Esq.
Leventhal, Cursio, Mullaney & Sliney, LLP, Roslyn, New York
 

For questions contact please contact the Member Resource Center at 1-800-582-2452

The Local and State Government Law Section of the New York State Bar Association is proud to offer its members and members of the general public this complete resource center on Municipal Ethics. Below please find links to PDF versions of articles, statutes, and NYS Attorney General's Opinion letters.

Attorney General Opinions 

Ethics For Municipal Lawyers

Ethics Litigation Papers

Ethics Presentations

Municipal Lawyer Ethics Columns

Sample Ethics Laws

Sample Financial Disclosure Forms

Welcome to the Local and State Government Law Section's Legal Resource Center!

To assist you with resources the Section has prepared accessible lists of resources available in New York State. Click below on the links to help guide you to our resources:

General Municipal Law Legal Links (for a variety of legal resources)

Municipal Laws 

Sample Local Laws and Ordinances

New York Municipal Guide

VIEW THE LATEST MUNICIPAL LAWYER

The Municipal Lawyer features peer-written, substantive articles relating to the practice of municipal law on various topics including land use, zoning, ethics, and environmental issues. The Municipal Lawyer is published quarterly by the Local and State Government Law Section and distributed to Section members free of charge.

Read Now>


VIEW THE LATEST GOVERNMENT, LAW AND POLICY JOURNAL

Each Government, Law and Policy Journal features peer-written substantive articles with a theme on a current issue of interest to government attorneys. Past themes have included Aging and Longevity, Renewable Energy, Civil Rights and Disabilities, Firearms, Public Safety and the Law; The Oversight Function: Guarding the Public Interest; New York State's Budget; Beverage Alcohol Law: Regulation and Policy; Public Authority Reform; Freedom of Information Law; and Climate Change. 

Read Now>