Labor and Employment Spring Seminar: 2023 Public Sector Legal Update

Join us for our annual spring seminar for public sector clients and friends, when we will address issues facing school districts, municipalities and other government agencies. The program begins with a plenary session covering a timely topic, followed by a choice of two breakout sessions allowing for issue discussion in a small setting.

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Agenda 

Navigating the Challenges of Employee Free Speech

Presented by: Tom Mooney, Jessica Ritter, Natalia Milan

Ballroom A+B

Government officials must often deal with significant issues of social justice. In such matters, opinions can differ, competing voices may be heard, and on occasion tempers can flare. It is therefore important to understand the rules regarding employee free speech rights under the First Amendment. Government officials must respect the rights of public employees to free expression, but they have the right to maintain order to assure effective operations. In the following, we will pose several questions about employee free speech and then give audience members a choice between two different answers.  We will then give the right answer to explain the related legal principles to help government officials navigate through the challenges that can arise with employee free speech.

The Evolving Title IX Landscape

Presented by: Jessica Richman Smith, Sarah Gleason, Kelsey Scarlett

York Room

This session will be a high-level overview of the recent changes to Title IX relevant to K-12 school districts, including significant procedural changes.  We will discuss the changes to Title IX that occurred in 2020 and what changes are forthcoming in light of the ongoing review and revision to these regulations by the U.S. Department of Education’s Office of Civil Rights.  The discussion will focus on what these federal regulations mean for school districts and how they are to be applied alongside other applicable Connecticut laws such as the bullying statute and the state law prohibition of sex discrimination and sexual harassment.  We will also discuss other hot topics related to Title IX, including athletic compliance and transgender student rights.

Best Practices for Conducting a Workplace or School Investigation

Presented by: Peter Murphy, Rauchell Beckford-Anderson, Morgan Rueckert

Ballroom C

Public entities receive a myriad of complaints from employees, students, parents, and members of the public.  After receiving such a complaint, administrators must determine whether and how to conduct an investigation, and be aware of substantive and procedural concerns unique to public-sector investigations. In this seminar, we will discuss investigation pitfalls and best practices for public entities, taking into account certain rights and limitations governing public employees. Topics will include investigation plans, interviewing techniques, and documentation best practices. Special considerations and hot topics will be addressed in a scenario-based approach to help public officials navigate the challenges posed by completing an investigation.

Collective Bargaining
Including a Closer Look at Recent Interest and Grievance Arbitration Decisions

Presented by: Gabe Jiran, Rebecca Santiago, Sarah Niemiroski

Church Room

This session will review current trends in interest arbitration for both school districts and municipalities, including recent awards relating to wages and benefits.  In addition, we will review significant grievance arbitration awards on discipline and contract interpretation matters.  These decisions will help guide public employers in their negotiation strategy as well as their responses to grievances filed by their unions.

 

Top Environmental Challenges Public Buildings Face

Presented by: Andrew Davis, Rich Mills, Alfredo Fernandez

Crown Room

Based on factors such as the year of building construction, building design, ongoing operation and maintenance (O&M) budgets and renovation/construction projects, schools and other public entities are often challenged with a range of environmental, health and safety issues.  Many such issues can be appropriately managed with proactive attention to key processes and ever-evolving legal requirements.  This session will highlight commonly seen issues in, and recent developments/requirements applicable to, public buildings, including: indoor air quality/mold; heating, ventilation and air conditioning (HVAC); asbestos; lead-based paint; drinking water; polychlorinated biphenyls (PCBs); and the emerging issue of per- and polyfluoroalkyl substances (PFAS).    

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Continuing Legal Education (CLE):

This CLE program has been approved in accordance with the requirements of the New York CLE Board for a maximum of 3.5 credit hours in Professional Practice and is appropriate for both transitional and nontransitional attorneys.

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approves or accredits CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 3.0 hours toward your annual CLE requirement in Connecticut, including 0 hours of ethics/professionalism.