IMLA Presents The Regional CLE Employment Law Program Dallas, TX November 9-11, 2008 Event Sponsors: Denton, Navarro, Rocha & Bernal P.C., Thomson & Knight LLP, and Lynn Pham & Ross, LLP Overview: The Seminar includes an Opening Reception on Sunday, November 9. On Monday, November 10, Workshop 1 examines recent developments and provides guidance in understanding and complying with selected federal employment issues, involving Title VII and related matters, religious discrimination, and the ADA, including recent amendments. After lunch (on your own), Workshop 2 addresses sexual harassment and retaliation. That will be followed by Workshop 3, an hour-long ethics session focusing on issues and concerns arising from representation in employment practices matters. The final Workshop (4) of day 1 is devoted to USERRA. Fifteen minutes are allowed at the end of the morning and afternoon workshops for Q and A. Workshop 5 on November 11 examines FLSA wage and hour issues, and Workshop 6 addresses FMLA matters. The morning concludes with Workshop 7, providing guidance on at-will employment and exceptions, employee privacy, reviewing handbooks and personnel policies, and the changing workforce. As with day 1, the schedule includes a 15-minute Q and A session. Faculty Panelists Melinda H. Barlow Assistant City Attorney City of Arlington Daniel D. Crean Crean Law Office Pembroke, New Hampshire Lowell Denton Denton, Navarro, Rocha & Bernal, P.C. San Antonio, Texas Douglas C. Haney City Attorney Carmel, Indiana Peter Haskel Assistant City Attorney Dallas, Texas Pamela Hutson Assistant City Attorney Arlington, Texas Bettye Lynn Lynn Pham & Ross, LLP. Fort Worth, Texas Janice Moss Executive Assistant City Attorney Dallas, Texas Chuck Thompson Executive Director & General Counsel International Municipal Lawyers Association Bethesda, Maryland Frank Waite Thompson and Knight LLP Dallas, Texas
Program and Agenda 2 SUNDAY, NOVEMBER 9, 2008 6:30 p.m. 7:30 p.m. Welcome Reception - (Gazebo) MONDAY, NOVEMBER 10, 2008 8:00 a.m. 9:00 a.m. Continental fast Networking opportunity 9:00 a.m. 4:30 p.m. From the ABC to the XYZ of It Updating the Alphabet of Federal Employment Law and a Healthy Dose of Ethics 9:00 a.m. 9:15 a.m. Welcome, Introduction, Overview & Highlights in a Nutshell 9:15 a.m. 10:30 a.m. Workshop #1 - Discrimination, Bias, and Diversity in the Local Government Workplace A. 9:15 a.m. 9:45 a.m. Trends & Developments in Equal Employment Opportunity and Civil Rights Enforcement Janice Moss B. 9:45 a.m. 10:15 a.m. Responding to EEOC Complaints Effectively and Persuasively - Douglas Haney 10:15 a.m. 10:30 a.m. 10:30 a.m. 12:05 p.m. Workshop #1 (continued) C. 10:30 a.m. 11:10 a.m. Religious Discrimination & Accommodation Frank Waite 11:50 a.m. 12:05 p.m. Questions and Answers 12:05 p.m. 1:00 p.m. Lunch On your own. 1:00 p.m. 2:20 p.m. Workshop # 2 - They Still Don t Get It: How to Address Workplace Sexual Harassment A. 1:00 p.m. 1:20 p.m. Prevention, Complaint Handling, & Training Tips - Daniel Crean B. 1:20 p.m. 1:50 p.m. When Prevention and Internal Remedies Fail: Trying the Sexual Harassment Case to a Jury Lowell Denton C. 1:50 p.m. 2:20 p.m. Retaliation: Fertile Ground for Risk Management - Recent Developments and Increased Focus by the Judiciary Frank Waite 2:20 p.m. 2:30 p.m. 2:30 p.m. 3:30 p.m. Workshop #3 - Ethical Issues in Local Government Employment Representation A. 2:30 p.m. 3:00 p.m. Who is Your Client? Preventing Employee Misunderstanding of Attorney s Role Pamela Hutson B. 3:00 p.m. 3:30 p.m. Ethics Of Communicating With Current & Former Government Officials & Employees Peter Haskel D. 11:10 a.m. 11:50 a.m. Changes in the ADA: Where Do We Go From Here? - Bettye Lynn
Program and Agenda 3 3:30 p.m. - 3:45 p.m. 3:45 p.m. 4:15 p.m. Workshop # 4 - Armed Services Personnel and Local Government Employment 3:45 p.m. 4:15 p.m. USERRA Update Douglas Haney 4:15 p.m. 4:30 p.m. Question and Answers TUESDAY, NOVEMBER 11, 2008 8:00 a.m. 8:30 a.m. Continental fast Networking opportunity. 8:30 a.m. 11:45 a.m. More Alphabet Soup for Local Government Employment Lawyers 8:30 a.m. 9:00 a.m. Workshop #5 - FLSA FLSA: Making Sense and Cents Out of Current Law A. Myths and Truths B. Special Provisions for First Responders C. Donning and Doffing, Training Time, Compensatory Time D. Fair Pay and Local Government, including Safe Harbor Policy Daniel D. Crean C. Intermittent Leave: Making Sweet Dreams out of Nightmares Douglas Haney 9:30 a.m. 11:30 a.m. Workshop #7 - Personnel Administration Not Just for HR Professionals Anymore: The Role of the Municipal Attorney A. 9:30 a.m. 9:45 a.m. Understanding Employment-at-Will and Exceptions Daniel Crean 9:45 a.m. 10:00 a.m. B. 10:00 a.m. 10:45 a.m. Employee Privacy Melinda Barlow C. 10:45 a.m. 11:15 a.m. Effective Review of Personnel Policies and Handbooks Douglas Haney D. 11:15 a.m. 11:35 a.m. Accommodating and Adapting to a Changing Work Force Daniel Crean 11:35 a.m. 11:45 a.m. Questions & Answers 9:00 a.m. 9:30 a.m. Workshop # 6 - FMLA FMLA: Being Nice Does Not Necessarily Mean Finishing Last A. Nuts and Bolts B. Employer Rights and Responsibilities
Presenter Biographies 4 Melinda H. Barlow, Assistant City Attorney, City of Arlington, Texas Melinda Barlow is head of the Litigation Section for the City of Arlington, Texas which handles and monitors all litigation matters for the City of Arlington, which is a self-insured entity. The Litigation Section also is responsible for all employment law matters, including the monitoring of discipline and handling of discipline appeals for the City's workforce. Likewise, the Litigation Section is responsible for training and advising departments on the City's discipline procedures and employment-law related matters. Ms. Barlow has been with the City of Arlington for four years and was in private practice for the years prior to coming to Arlington. Ms. Barlow is board certified in Personal Injury Trial Law. She graduated from Baylor Law School with a Juris Doctor degree and from Texas Tech University, Cum Laude, with a Bachelor of Arts degree. Daniel D. Crean, Crean Law Office, Pembroke, New Hampshire Dan Crean has a municipal law practice. He also serves as Legal Consultant to a local government risk pool, the New Hampshire Public Risk Management Exchange, where he designs and implements educational risk management programs provided for local government entities and edits Awareness in Action: The Journal of New Hampshire Public Risk Management. He also teaches Land Use and Environmental Law as an adjunct faculty member at Franklin Pierce Law Center, in Concord, NH. Mr. Crean has served multiple terms as chair of the NH Bar Association s Municipal and Governmental Law Section, of which he is currently vice-chair, and founded the New Hampshire Municipal Lawyers Association. He is IMLA s New Hampshire State Chair and vice-chair of the IMLA Personnel Section. Several of his articles have appeared in Municipal Lawyer and the New Hampshire Bar Journal. Lowell Denton, Denton, Navarro, Rocha & Bernal, P.C., San Antonio, Texas Lowell F. Denton is a shareholder in the San Antonio law firm of Denton, Navarro, Rocha & Bernal, P.C. This firm specializes in representation of municipalities and other local governments, including defense in litigation. Mr. Denton is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. He is a member of the State Bar College, and American Board of Trial Advocates. He has served as City Attorney for the Cities of College Station and San Antonio, and as special counsel for the City of Laredo. Mr. Denton has dedicated his career to the representation and legal defense of local governments and is an experienced litigator, with an expertise in helping city officials avoid litigation where possible, and trying cases effectively when necessary. He served as the lead attorney in a number of recognizable cases establishing municipal law principles, including the landmark case, City of Boerne v. P. F. Flores, Archbishop of San Antonio, and United States involving the Religious Freedom Restoration Act (RFRA). Mr. Denton attended Baylor University, where he received his BA and law degree. Douglas C. Haney, City Attorney, Carmel, Indiana Douglas C. Haney s educational credits include a Bachelor of Arts (B.A.) degree (with distinction) from the University of Wisconsin-Madison, a Master of Arts (M.A.) degree from Butler University, a Doctor of Law (J. D.) degree (cum laude) from the University of Wisconsin and a Master of Laws (L. LM.) degree (labor law) from Georgetown Law Center. Prior to his employment with the City of Carmel, Mr. Haney served as an attorney in the U.S. Army, as a Special Assistant U. S. Attorney and as a private practitioner. His private practice focused primarily on labor and employment law issues.
Presenter Biographies 5 He has appeared before many federal and state courts and administrative agencies, including the U.S. Court of Appeals for the Seventh Circuit. He has authored numerous legal articles and is a frequent speaker at legal seminars. Mr. Haney is also an adjunct professor at Indiana University (Indianapolis), where he has received a Best Instructor award. He serves as Chair of the Governmental Practice Section of the Indiana State Bar Association, as a member of the ISBA House of Delegates, and as a member of the Legislative Committee of the Indiana Association of Cities and Towns. He is also the International Municipal Lawyer s Association State Chair for Indiana and former Chair of IMLA s Litigation and Risk Management Section. In 2006, IMLA designated Mr. Haney a Local Government Fellow in recognition of his demonstrated excellence in the field of local government law. He is believed to be the first Indiana attorney to be so distinguished. Mr. Haney resides in Carmel with his wife, Tammy, and their three daughters, Elizabeth, Carolyn and Katherine. Peter Haskel, Assistant City Attorney, Dallas, Texas Pete Haskel is Head of the Dallas City Attorney's Office General Litigation Section. He joined that office in 1999. Pete's prior public sector experience includes stints as Assistant Texas Attorney General (Deputy Chief, Financial Litigation Division and Head, Domestic Terrorism Task Force), Special Assistant U.S. Attorney (Western District of Texas); Special Prosecutor (various Texas counties); Supervising Inspector General (New York City); Assistant District Attorney (New York County (Manhattan)); and Lieutenant Commander, Judge Advocate General's Corp (JAGC), US Navy. Pete has both B.A. and J.D. degrees from Columbia University in New York City, and is admitted to practice in Texas, New York, and several federal courts including the U.S. Supreme Court and the Second, Fifth, District of Columbia, and Military Circuit courts of appeals. Pamela Hutson, Assistant City Attorney, Arlington, Texas Pamela Hutson is a graduate of Southern Methodist University School of Law. She worked with Legal Services of North West Texas, where her practice areas included Family Law, Social Security and Landlord-Tenant matters. Since joining the City of Arlington as an Assistant City Attorney, she has served as a Municipal Prosecutor and as Assistant Police Legal Advisor. Ms. Hutson is currently assigned to the Litigation Section where, in addition to handling civil litigation matters, she advises city departments on employment law issues related to personnel actions, law and policy interpretation, internal discipline and employee appeals. Bettye Lynn, Lynn Pham & Ross, LLP., Fort Worth, Texas Bettye Lynn is a partner in the Fort Worth office of Lynn Pham & Ross, LLP. She is certified as a specialist in labor and employment law by the Texas Board of Legal Specialization. Ms. Lynn practices exclusively in management labor and employment law and represents employers in both the public and private sectors. Her practice includes negotiating meet and confer and collective bargaining agreements, and advising on contract interpretation and litigating complex employment law issues, including constitutional claims and employee wage claims. She represents cities and counties across the State of Texas and numerous private sector clients.
Presenter Biographies 6 Janice Smith Moss, Executive Assistant City Attorney, City Attorney s Office, Dallas, Texas Janice Smith Moss, Executive Assistant City Attorney, has been with the City of Dallas City Attorney s Office for approximately sixteen and one-half years. She first joined the City Attorney s Office in 1990. She served in the Prosecution Section for a period of eleven months, and then worked for approximately one and one-half years as the assistant city attorney who advised the Dallas Police Department S.A.F.E. Team and prepared nuisance abatement and forfeiture cases for the team, working with the team to bring properties into compliance with the City Code. She briefly worked in the Employment Section of the City Attorney s Office in 1993, before joining the Attorney General s Office of the State of Texas, where she worked as an Assistant Attorney General from October 1993 through August 1995, first in the Financial Crimes Division and then in the General Litigation Division of the Attorney General s Office in Austin, Texas, representing the State of Texas and state agencies and employees in employment-related litigation. She returned to the City Attorney s Office in September 1995 and serves as the supervisor of the Employment Section, which handles employment-related litigation and employment administrative matters. Ms. Moss is a native of San Angelo, Texas. She received a Bachelor of Science degree from Abilene Christian University in 1966 and a Master of Education degree from Auburn University at Montgomery in 1980. She received her Doctor of Jurisprudence degree from Southern Methodist University School of Law in May 1990 and was licensed by the State Bar of Texas in November 1990. In addition to being admitted to the practice of law by the State Bar of Texas, she has been admitted to practice law in the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit, and the United States District Court for the Northern, Southern, Eastern, and Western Districts of Texas. Ms. Moss is also a member of the American Bar Association and the Dallas Bar Association. Ms. Moss is a member of the Mac Taylor Inn of Court. Prior to law school, Ms. Moss was a teacher of Latin in Plano Senior High School in Plano, Texas, and in connection with her teaching profession, completed a Fulbright study in classical studies in the summer of 1987 at the American Academy in Rome, Italy. Chuck Thompson, Executive Director & General Counsel International Municipal Lawyers Association, Bethesda, Maryland Charles W. Thompson, Jr. is the Executive Director and General Counsel of the International Municipal Lawyers Association. Prior to being appointed to this position Mr. Thompson served as County Attorney for Montgomery County, Maryland, from 1995 to 2006. For the previous 17 years, Mr. Thompson served as County Attorney for Carroll County, Maryland. Mr. Thompson received a bachelor s degree in history from Virginia Military Institute and earned his Juris Doctor from the University of Baltimore School of Law. In addition to serving as President of the Carroll County Bar Association, Mr. Thompson served as Chairman of the Board of the State and Local Government Law Section of the Maryland State Bar Association, and as Chairman and a member of the Committee on Ethics. Mr. Thompson also served on the Board of Directors and as President of the County Civil Attorneys group in the Maryland Association of Counties. Mr. Thompson is currently serving as an adjunct professor at the George Washington University teaching State and Local Government Law. Mr. Thompson is admitted to practice in the U.S. District Court for Maryland, the Fourth Circuit Court of Appeals, and the U.S. Supreme Court.
Presenter Biographies 7 Frank Waite, Thompson and Knight LLP, Dallas, Texas Frank Waite is Of Counsel in the Labor and Employment and Government Litigation Practice Groups in the Dallas office of Thompson & Knight LLP. He has more than 20 years of experience defending local governments on matters involving constitutional, employment, and tort claims. His practice is focused on representation of local government entities and public officials in litigation. Mr. Waite received his J.D. in 1984 from Texas Tech University School of Law and his B.A. in Sociology and Psychology in 1979 from the University of Wisconsin. He was an Assistant City Attorney for the City of Dallas and for the City of Arlington, Texas. He has been an IMLA Local Government Fellow since 2000.