Section  of State and Local Government







State & Local News
Vol. 20, No. 1, Fall 1996

Chair's Message

By Janice C. Griffith

It is a great privilege to serve as your Section Chair during the next year. By way of introduction, I have been close to state and local governmental law issues for three decades now, first as a municipal bond attorney, then as a counsel to New York City during its tumultuous fiscal crisis in the 1970s, and alter as a law teacher. Recently, I moved to Atlanta to become dean of the Georgia State University College of Law.

Since 1987, through my service on the Section's Executive Committee, I have had the opportunity to see the Section achieve one accomplishment after another. Past Section Chairs have not left us, but have moved on to serve the ABA community in other capacities. I am particularly proud of the very strong track record the Section has established in its publications and continuing legal education endeavors. Those of you who attended the Annual Meeting in Orlando were surfeited by a host of outstanding programs:

  • Bob Freilich's annual survey of key decisions, with an Eleventh Amendment focus this year;
  • a comparative study of local government reform in the United States, England, and Australia;
  • an examination of SEC enforcement actions brought in the municipal securities area;
  • a round table discussion of the public/private partnerships that made the redevelopment of New York City's 42nd Street possible;
  • a tour of Celebration, Disney's new community in Osceola County, Florida, which brought together the county, the local school board, and the state to facilitate transportation and educational infrastructures; and
  • a discussion of the legal issues raised by the privatization of selected governmental operations.

New Initiatives
This year the Section will undertake three important initiatives. First, a new strategic plan, which was completed last year, will go into effect. The work of the Section will become measured by efforts to fulfill the goals identified in the plan. Rich Hill, Immediate Past Chair, has graciously agreed to assist the Section in this effort.

Second, to promote awareness of the scope of public law problems, Goal 2 of the new strategic plan, the Section will treat the theme of "Reinventing Government" in depth over the course of the next year. This is our first selection of a topic for such treatment. This year's substantive initiatives, including publications and CLE, will be focused on exploring this theme. Our fall meeting will be held in Indianapolis, Indiana, which has been at the forefront of privatization and other innovative efforts aimed at making local government operations more efficient. At our meeting, several Indianapolis leaders will discuss the city's privatization initiatives including its program of competitive bidding between public sector employees and private enterprise to provide municipal services.

Third, we hope to introduce a background course on state and local government law at new year's Annual Meeting. This instruction should prove helpful to young lawyers beginning a municipal law practice.

Other Initiatives
Initiatives now underway will be energized further. Great effort has been devoted to reaching new members. The Section aims to be more responsive to membership needs. A recent membership survey pointed out that the Section's members want it to focus strongly on substantive law issues with an emphasis upon practical, "how to do it" advice. Top contenders for attention included: (1) topics of direct application to daily work, (2) statutory and regulatory changes, (3) regional news about pressing issues, (4) analysis of court rulings, and (5) trends projection. Substantive topics receiving the greatest demand for coverage were: administrative law, Affirmative Action, the Americans with Disabilities Act, constitutional issues, education law, eminent domain, employment law, environmental law, ethics, Federalism, impact fees, land use and zoning law, privatization, public finance at the local level, takings, and telecommunications issues.

The Section will continue to find ways to use the new technologies to provide greater service to you. We hope to implement an online discussion group soon and to further expand our home page, which can be accessed at http://www.abanet.org/statelocal/home.html.

Finally we want to become a more interconnected Section with greater outreach to liaison entities both within and outside of the ABA. We hope to co-sponsor more events with the ABA's Government and Public Sector Lawyers Division. In April 1997, the Section will co-sponsor a program exploring the "Reinventing Government" theme with the International Municipal Lawyers Association (IMLA).

The New Federalism
A more exciting time in which to explore state and local government law issues could not exist. Welfare legilsation, signed by President Clinton on August 22, 1996, dismantled one pillar of the New Deal's social welfare programs that centralized power int he federal government. The new federalism, now endorsed by both major parties, places fresh responsibilities upon the states and local governments. Our Section through the rich expertise of its members can sort out the issues that are bound to arise by this power shifting. The Section can serve as a public policy forum to find solutions to the basic question of how power can best be allocated between the federal and state governments. We ask all of you to join us in this effort.


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