Chair's Message
By James Baird
Lots Accomplished, Lots More to Do
The never-to-be-forgotten Spring Section Meeting in Key
West, Florida, reminded all in attendance that while our Section
has accomplished a great deal over the last several years, there
is much more to be done if we are fully to be of service to the
Section's members and the bar at large. Allow me to review where
we have been and to discuss plans for the future.
Key West Spring Meeting a Big Success
We had the largest turnout of Section members for a stand-
alone event (not associated with the ABA's Annual Meeting) in our
Section's history. Over 170 Section members, and a total of 245
participants, attended our professional programs and social
activities in Key West. The two CLE programs on land use and the
combined program on municipal liability and privacy rights of
public employees were all smashing successes. The handout
materials were great, there was plenty of time for questions and
answers, and the presenters were all experts in their fields. The
evaluations we received from our attendees simply confirmed what
all of us knew who attended the sessions: They were absolutely
first rate!
Of course, the Section in Key West approached new heights in
pursuit of its goal #9: To have fun. From the never-to-be-
forgotten water fight aboard our sailing ship on the high seas in
defense of the CONCH Republic, to the sit-down dinner under
moonlight at Kelly McGillis' restaurant, to the evening of
dancing and music at Jimmy Buffet's Margaritaville, our Section
members got to know, understand, and appreciate one another in a
special and lasting way. The walking tour of Key West, which
included the Hemingway home and many other notable landmarks, was
also well attended and appreciated by all.
Actions of the Section's Governing Council
Budget. At the Key West Council Meeting, the Section's
Governing Council received a fairly optimistic budget report from
Budget Officer Pat Arey. Because of our Section's excellent
publications program, overall Section revenues are on a pace to
meet or exceed expenditures for the year.
Membership. The Governing Council received a most disturbing
membership report from Chair-Elect Rich Hill. Rich indicated
that, while 641 attorneys have this past year become new members
of our Section, a greater number have ceased to be Section and/or
ABA members. As a result, our membership totals have declined by
approximately 9.3 percent.
Needless to say, the Council was quite concerned about this
membership decline, particularly in light of the increased
membership services which we have been able to provide our
members. In order to address this issue, with the Council's
approval I appointed a new membership task force to be co-chaired
by Fred Leonhardt, Secretary of the Section, and Carol Dinkins,
Section Delegate and past Chair of the Section. Members of the
task force include John Copelan, County Attorney, Broward County,
Florida; Dale Rubin, Professor of Law, Willamette University
College of Law, Salem, Oregon; Bob Baker, Chicago Attorney;
Charles A. Olson, Waco, Texas Attorney; Mary Massaron-Ross,
Detroit Attorney; and myself. The task force is scheduled to meet
for an intense, three-day planning session in Chicago on June 23-
25, 1995. The task force's charge will be to develop a
comprehensive plan to present to the Governing Council on
membership growth for the last half of this decade. If you have
any suggestions or ideas, please do not hesitate to contact one
of the task force members or Jackie Baker, our Section
Administrator, directly with your thoughts.
Liaisons. Vice-Chair Janice Griffith presented a report
concerning the Section's use of liaisons to other groups or
organizations. Our Section currently has thirty-three such
liaison relationships with such organizations as the National
Conference of State Legislatures, the National Association of
County Officers, various ABA sections, divisions, and task
forces, the ABA Commission on Women in the Profession, the
Association of American Law Schools, and the ABA Commission on
Opportunities for Minorities in the Profession. A spirited
discussion occurred concerning the propriety of many of these
liaison relationships, and Janice Griffith expressed her intent
to make more consistent our Section's liaison activities.
Future Meetings
It has often been said that the most important reason for an
ABA meeting is to plan the next meeting. While I do not agree
with that cynical assessment, it is true that the Council spent
some time on future meetings, with the following schedule
confirmed:
- 1995 ABA Annual Meeting August 4-6, 1995, Chicago, Illinois,
Our headquarters will be the Hotel Intercontinental.
- Section Fall Meeting October 20-22, 1995,
Chicago, Illinois.
- Section Spring Meeting April 18-21, 1996,
Omni Cancun Hotel, Cancun, Mexico.
- 1996 ABA Annual Meeting August 1-4, 1996,
Walt Disney's Swan Hotel, Orlando, Florida.
All Section members are invited and requested to attend each
and every one of these meetings. Come join us, we'd like to get
to know you!
Section Delegates Report
Section Delegates John Witt and Carol Dinkins reported on
various actions taken by the ABA's House of Delegates at its 1995
Midyear Meeting in Miami, Florida. Among the less significant
substantive changes, but of importance to our Section, was the
House of Delegate's approval of our name change, dropping the
word "Urban" from our Section's title to more accurately reflect
the current activities and make-up of the Section. We are now
officially the ABA's "Section of State and Local Government Law."
On a more substantive note, Delegates Witt and Dinkins
reported that the ABA had adopted various resolutions including
those: (1) opposing bias and discrimination based on race and
gender that prevent multi-cultural women from gaining full and
equal participation in the legal profession; (2) encouraging
adoption and implementation of effective legal measures and
mechanisms to deter corrupt practices in the conduct of
international business; (3) encouraging the appointment of highly
qualified lawyers, of all minorities, to all levels of the
federal judiciary; and (4) urging the adoption of legislation at
the state and federal levels that would provide that an applicant
cannot be denied insurance benefits solely on the basis of the
applicant's status as a victim of domestic violence.
Section Bylaws Review
Daniel Curtin, Council member from Walnut Creek, California,
presented proposed changes to the Section's bylaws which were
discussed at length by the Council. While it was not proposed
that the basics of our Section's governance be changed, Dan did
recommend, with Council support, that the Law Student Division's
representative to the Council be an ex-officio member, which
would be the same status as the Young Lawyers Division's
representative. In addition, it was proposed that the rules
concerning attendance at Council meetings be somewhat
liberalized.
Publications
The publication of two new books, Exactions, Impact Fees and
Dedications and Public Employee Privacy were announced. Further,
under the outstanding leadership of Larry Ethridge, Louisville,
Kentucky, and Professor Tom Roberts, Wake Forest University
School of Law, several new publications are underway and will be
available in the near future on such subjects as After Lucas,
Land Use Regulation and the Taking of Property, Public Sector
Employee Benefit Plans, Section 1983: Sword and Shield, Second
Edition, and, perhaps, Environmental Equity for State and Local
Governments. Needless to say, if you have the germ of an idea for
a new book which you believe would be of significant service to
the Section and the bar, please do not hesitate to contact Larry
Ethridge or Tom Roberts directly about the publication process.
Our Video, Coping with Chaos, Ready
We were delighted to learn from Sholem Friedman, our
Section's fabulous CLE Director, that our public service project
on the creation of a video to assist state and local governmental
lawyers (and others) cope with the earlier stages of chaos has
been completed and is now ready for distribution. The video,
aptly entitled Coping With Chaos, describes the lawyer's role in
responding to unexpected natural or man-made chaotic situations
such as the World Trade Center bombing, the Florida hurricane,
the midwestern floods, or other unexpected disasters (such as the
horrible incident in Oklahoma City, Oklahoma) which seem to be
occurring on a disturbingly regular basis these past few years.
In addition to the video, the package contains 95 pages of
helpful information, including draft ordinances and resolutions,
which we believe will be of major service to state and local
governmental attorneys frantically faced with responding to an
unexpected catastrophe in their areas. Publicity announcing the
availability of the video will be out shortly, but if you have
any questions or want advance information, please do not hesitate
to contact Jackie Baker directly at 312/988-5652.
Section Goals and Strategies
Carol Dinkins and her mighty band of "Texas Rangers" (joined
by Professor David Callies) submitted a very thought-provoking
report card grading the Section's progress in obtaining its
stated nine goals. These goals, for your information, are as
follows:
- To provide a forum which attracts and serves attorneys
dealing with public law issues.
- To provide the inter-disciplinary leadership oriented
to rapidly changing public law concerns, to promote
awareness of the scope and depth of anticipated state
and local law problems, and to formulate solutions and
devise strategies to address these problems.
- To identify the challenging problems of conflict and
ethical behavior when public and private interests
collide and to provide contextual solutions and
understanding.
- To increase participation in the Section of women and
attorneys of diverse ethnic and racial backgrounds.
- To increase participation of attorneys employed by
governmental agencies.
- To reach out and work with multi-disciplinary
organizations whose fields intersect with the law
involved in the analysis and solution of urban, state
and local problems.
- To provide advice to Section members on dealing with
physical and emotional stress of public law advocacy
and the changing nature of legal practice.
- To participate effectively in the formulation and
execution of Association policies and programs.
- To have fun.
First the good news. Our Section received very high marks on
our attainment of a number of goals, including our goal #9. On
the other side of the ledger, however, the "Rangers" recommended
that a few of the goals either be modified or eliminated, or the
direction of the Section dramatically changed. As a result of
this thought-provoking report, which is available to any member
through Jackie Baker's office, Chair-Elect Rich Hill has
announced that the Governing Council's October 1995 meeting in
Chicago will be devoted to an analysis of these goals, and
recommendations will be made as to which goals should be retained
and which should be modified or eliminated. As always, if you
have any personal thoughts on these matters, do not hesitate to
contact Rich Hill directly, or communicate with him through
Jackie Baker at our Section's office.
Summary
We had a very busy meeting in Key West, and we shared many
wonderful experiences which will not be soon forgotten. If you
were there, it was certainly good to see you, and if you were
not, we hope you can join us in Chicago for the Annual Meeting or
next year in Cancun for the Section's spring get-together.
Remember Section activities are open to all Section members and
we look forward to seeing you at a future Section meeting.
We have accomplished a lot, but there is much to do. We hope
you will join us in service to the Section and the bar.
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