Local and State Government Law Section Fall 2024 Meeting

Agenda

Friday October 25, 2024

12:00 p.m. Conference Check-in and CLE Registration

12:30 - 12:40 p.m. Welcome and Introduction - Wayfarer Ballroom

Speakers:

Steven G. Leventhal, Esq., Section Chair, Leventhal, Mullaney & Blinkoff, LLP, Roslyn, NY

Chris G. Trapp, Esq., Program Co-Chair, Greco Trapp, PLLC, Buffalo, NY

12:40 - 1:30 p.m. So What's New at PERB?

This presentation will bring you up to speed on recent developments at the NYS Public Employment Relations Board affecting collective bargaining and day-to-day employment relations in public sector workplaces.

Speaker:

James D. Bilik, Esq., Arbitrator & Mediator, Albany, NY

1.0 MCLE Credit in Areas of Professional Practice

1:30 - 2:20 p.m. New York State Open Government: Legislative and Judicial Update

Legal staff from the Committee on Open Government will provide a legislative and judicial update regarding New York's open government statutes, the Freedom of Information Law and Open Meetings Law.

Speaker:

Kristin O'Neill, Esq., Deputy Director and Counsel, NYS Committee on Open Government, Albany, NY

1.0 MCLE Credit in Areas of Professional Practice

2:20 - 2:35 p.m. Break

2:35 p.m. - 3:25 p.m. Taxation of Solar and Wind Energy Projects - A Primer for Local Governments

As large-scale renewable energy projects continue to site throughout New York in furtherance of the state's Climate Leadership & Community Protection Act goals, localities are left grappling with how to appropriately tax these entities that severely impact their community. This session will provide an overview of the taxing jurisdiction's authority in the siting process (alternative title: so you've been pre-empted), as well as the taxation options available under Real Property Tax Law section 487 in conjunction with the adoption of the standard appraisal methodology of solar and wind energy projects in 2022. As the default in the law exempts these projects from taxation, a discussion on negotiating Payments in Lieu of Taxes, including working together with other taxing jurisdictions to ensure a mutually agreeable PILOT agreement, will conclude the session. Questions are welcome and encouraged!

Speaker:

Kathleen N. Hodgdon, Esq., Association of Towns of the State of New York, Albany, NY

1.0 MCLE Credit in Areas of Professional Practice

3:25 p.m. - 4:15 p.m. Artificial Intelligence in Government

Artificial Intelligence, including generative AI, presents great opportunities but also poses significant risks to the general public. The federal government and the states are grappling with critical questions of how we can use these technologies to solve problems, how we can avoid or manage the new problems that these technologies create, and how we can control these powerful technologies. Policy directives at the federal level, including Executive Order 14110: Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence and the AI Bill of Rights, outline principles governing the development and use of AI. In this session we will review these federal and state principles and their implications for state and municipal attorneys who want to leverage AI’s productive power to solve pressing issues.

Speakers:

Caterina Barrena Hyneman, J.D. (expected 2026) New York University School of Law, New York, NY

Professor Catherine M. Sharkey, Esq., New York University School of Law, New York, NY

1.0 MCLE Credit in Areas of Professional Practice

4:15 P.M. - 4:25 P.M. Closing Remarks

Speaker: Joseph G. Trapp, Esq., Greco Trapp, PLLC, Program Co-Chair

5:00 p.m. - 6:00 p.m. Reception - Wayfarer Ballroom

Saturday, October 26, 2024

7:30 a.m. - 9:00 a.m. Continental Breakfast

8:00 a.m. CLE Sign in and Registration

8:30 a.m. - 8:40 a.m. Welcome and Introduction - Wayfarer Ballroom

Speakers: Steven G. Leventhal, Esq., Section Chair, Leventhal, Mullaney & Blinkoff LLP, Roslyn, NY

Chris G. Trapp. Esq., Program Co-Chair, Greco Trapp, PLLC, Buffalo, NY

8:40 a.m. - 9:55 a.m. SCOTUS Update

This presentation will provide a brief overview of the Supreme Court and its most recent term, with an emphasis on decisions that affect state and local government operations and liability.

Speaker: Dr. Vincent M. Bonventre, Esq., Albany Law School, Albany, NY

1.5 MCLE Credits in Areas of Professional Practice

9:55 a.m. - 10:45 a.m. Knowing your Statutory, Ethical, and Professional Obligations: Preventing & Prepare for a Cyber Attack

In this program, we will discuss the applicable state laws, prevention, current threat landscape, proper preparation in the event of a breach, and your legal and ethical obligations pursuant to the New York State SHIELD Act, the New York State Technology Law, and the New York Rules of Professional Conduct. We will also discuss the cyber threat landscape and share lesson from 100+ breaches.

Speakers:

Scott M. Lupiani, Esq., Partner, Pierson Ferdinand LLP, New York, NY

Scott Morris, CISM, CISSP, The Beckage Firm, Buffalo, NY

1.0 MCLE Credit in Cybersecurity, Privacy and Data Protection-General

10:45 a.m. - 10:55 a.m. Coffee Break

10:55 a.m. - 11:45 a.m. Recent Second Circuit Decisions to Be Aware of Relative to Employment Discrimination

This program will discuss recent Second Circuit Court of Appeals decisions in employment discrimination law which will affect public and private workplace employment decisions.

Speakers: Josephine A. Greco, Esq., Greco Trapp, PLLC, Buffalo, NY

Sharon N. Berlin, Esq., Principal Member, Keane & Beane, P.C., Melville, NY

1.0 MCLE Credit in Diversity, Inclusion & Elimination of Bias

11:45 a.m. - 12:35 p.m. EMS in Crisis: Potential Impacts on Local Governments

Emergency Medical Services (EMS) is in crisis across New York and maybe in your community. The EMS system has been challenged by a variety of factors in the last five years including COVID, a shortfall in funding, increasing call volume driven by an aging population, volunteers leaving the field and a lack of qualified providers - paid or volunteer. During this presentation, we will discuss the current factors impacting EMS systems and how local governments often get involved in ensuring this vital service is provided. We will review the steps to setting up a special ambulance district, common characteristics of service contracts with EMS agencies, a brief overview of the process of starting a municipal ambulance service and key questions that every municipality should ask their ambulance service.

Speakers: Paul A. Bishop, MPA, Principal, CGR, Rochester, NY

Chris G. Trapp, Esq., Greco Trapp, PLLC, Buffalo, NY

1.0 MCLE Credit in Areas of Professional Practice

12:35 p.m. - 12:40 p.m. Closing Remarks

Speaker: Chris G. Trapp, Esq., Program Co-Chair

Sunday, October 27, 2024

7:30 a.m. - 9:00 a.m. Continental Breakfast

8:00 a.m. CLE Sign in and Registration

8:00 a.m. - 8:30 a.m. Executive Committee Meeting (Exclusive to members of the Local and State Government Law Section Executive Committee) - Conference Center

8:30 a.m. - 8:40 a.m. Welcome and Introduction - Wayfarer Ballroom

Speaker: Chris G. Trapp, Esq., Program Co-Chair

8:40 a.m. - 9:30 a.m. “Having a Seat at the Table” ‐ Diversity, Equity and Inclusion in the Practice of Law

Having a seat at the table means having a presence and a voice in important conversations. This program will focus on issues of diversity, inclusion, equity and belonging in the legal profession by discussing: what it can take to get a seat at the table (including issues of intersectionality); the issues or obstacles around staying at the table (caregiving responsibilities, implicit bias and beyond); ways we can all build room for others and a discussion on how we can keep the seat (or help others to do the same) without sacrificing our well-being and health.

Speakers: Kimberly Wolf Price, Esq., Chief Strategy & Diversity Officer, Bond, Schoeneck & King LLP, Syracuse, NY

Kate I. Reid, Esq., Member, Bond, Schoeneck & King, Syracuse, NY

1.0 MCLE Credit in Diversity, Inclusion & Elimination of Bias

9:30 a.m. - 10:20 a.m. Who's in Charge Here? The Uncertain Fate of New York State's Latest Ethics Agency

New York has long struggled to design an effective state ethics enforcement agency. The most recent effort -- the Commission on Ethics and Lobbying in Government (COELIG) created in 2022 -- has been challenged on separation of powers grounds by former Governor Andrew Cuomo. That case will soon be before the Court of Appeals. The program will address the challenge to COELIG and the broader question of the proper design of ethics enforcement agencies. As an extra added last-minute attraction, it will also examine the recent five count indictment of New York City Mayor Eric Adams on corruption and campaign finance charges.

Speaker: Professor Richard Briffault, Columbia Law School, New York, NY

1.0 MCLE Credit Ethics and Professionalism

10:20 a.m. - 10:30 a.m. Closing Remarks

Speakers: Steven G. Leventhal, Section Chair, Leventhal, Mullaney & Blinkoff LLP, Roslyn, NY

Joseph G. Trapp, Program Co-Chair, Greco Trapp, PLLC, Buffalo, NY