Section  of State and Local Government







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:
  1. To provide a forum which attracts and serves attorneys dealing with public law issues.
  2. 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.
  3. To identify the challenging problems of conflict and ethical behavior when public and private interests collide and to provide contextual solutions and understanding.
  4. To increase participation in the Section of women and attorneys of diverse ethnic and racial backgrounds.
  5. To increase participation of attorneys employed by governmental agencies.
  6. 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.
  7. To provide advice to Section members on dealing with physical and emotional stress of public law advocacy and the changing nature of legal practice.
  8. To participate effectively in the formulation and execution of Association policies and programs.
  9. 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.