What's Happening around the League

NLC&M Welcomes Carson City and the Town of Minden as our newest members!


 
Carson City rejoins the League as of  J uly 1, 2016 and will be hosting our Board of Directors meeting on August 15th.  

Carson City is the states lone city-county combination and being a member of NLC&M and NACO will give city government "twice the punch" in legislative lobbying among other benefits of belonging to both associations.




The Town of Minden also joined the League as of July 1, 2016.   The Town of Minden is a quiet little town in the heart of the Carson Valley. It is the Douglas County Seat and provides fire and sheriff protection to its residents in conjunction with Douglas County. 

BOARD OF DIRECTORS MEETING

August 15th
Carson City Community Center
850 E. William St., Sierra Room 

10:00-2:00 P.M. 

Agenda and board packet will be sent out next week.  Hope to see you in Carson City!


NLC&M Annual Conference

"Sparking Ideas to Inspire the Future"
Hosted by:  City of Sparks
October 12-14, 2016

Conference Registration is Open for Municipal Delegates, Guests, Sponsors and Exhibitors!
 
2016 Upcoming Events
 
August 15th
Board of Directors Meeting
Carson City, NV  
 
October 12-14th
NLC&M Annual Conference "Sparking Ideas to Inspire the Future"
Nugget Hotel, City of Sparks 

November 16-19th
NLC -  City Summit
Pittsburgh, PA 
 
"Friends of the League"

PLATINUM

POOL/PACT
Wells Fargo
GOLD
CenturyLink
Nevada Rural Housing Authority
Republic Services

SILVER
Charles Abbott & Associates
NV Energy
Voya Financial

COPPER
L/P Insurance Services
Las Vegas Metro Chamber of          Commerce
MassMutual Financial Group
Nevada State Bank
Sherman Howard L.L.C.
Stradling Yocca Carlson & Rauth
Western Insurance Specialties


 We appreciate your support!

For information on becoming a "Friend of the League"  please   click here.
"Friends of the League"

PLATINUM

POOL/PACT
Wells Fargo
GOLD
CenturyLink
Nevada Rural Housing Authority
Republic Services

SILVER
Charles Abbott & Associates
NV Energy
Voya Financial

COPPER
L/P Insurance Services
Las Vegas Metro Chamber of          Commerce
MassMutual Financial Group
Nevada State Bank
Sherman Howard L.L.C.
Stradling Yocca Carlson & Rauth
Western Insurance Specialties


 We appreciate your support!

For information on becoming a "Friend of the League"  please   click here.
 
NLC&M Welcomes a New League Partner


The National League of Cities (NLC) Service Line Warranty Program, administered by Utility Service Partners, Inc., offers residents repair protection for in-home plumbing, external sewer and external water lines. The Nevada League of Cities and Municipalities supports the NLC Service Line Warranty Program for Nevada communities for these main reasons:   

1. The program educates homeowners as to their service line responsibilities.  
 
2.  The added value of the service itself - studies show most homeowners have not set aside funds for unexpected repairs.

3. The program is offered at no cost to the cities, who often receive a share of the revenues collected. 
 
4.   It is the only warranty program to market to residents only with the city's permission. 

5.   It is the only warranty program endorsed by the National League of Cities.  

The NLC Service Line Warranty Program partners with more than 300 cities in North America and has helped more than 100,000 homeowners save over $64 million in service line repair costs.

To learn more about this unique program and how it can bring revenue and peace of mind to your community, please contact Mike Madden at mmadden@utilitysp.net or 407-616-2239 for more information.

 

Specialty Vehicle Solutions at the Best Government Pricing

We are excited to announce that Farber Specialty Vehicles has been awarded a multi-year contract to provide Specialty Vehicles, Equipment and Accessories and any Related Equipment, Supplies and Services. The contract was awarded through a competitive solicitation process conducted by lead public agency, Port of Portland, Oregon. The contract term is for three (3) years with a start date of June 1, 2016, with the option to extend the contract for two (2) additional periods of one year each. 

Through this contract, agencies will have access to top-notch engineering, talented construction personnel and an elite service department dedicated to world-class service that provides:

* Mobile Police & Fire Command Centers, Crime Scene, SWAT, HAZMAT, Bomb Units, DUI-BAT

* Mobile Medical, Dental Screening,     Mammography Screening, Audiology

* Mobile Classrooms, STEM Labs, Laboratories, Computer Labs

* Book Mobiles

* Custom Design

F or more information:

Sarah Lindsay & Kelly Boggs
Phone: 202-942-4290
U.S. Communities Government Purchasing Alliance |  www.uscommunities.org




Reno City Councilmember David Bobzien appointed to EPA Advisory Committee
City of Reno News Release
Reno City Councilman David Bobzien 
At-Large Reno City Councilmember David Bobzien was recently appointed to the U.S. Environmental Protection Agency's (EPA) Local Government Advisory Committee. Bobzien's role on the committee will be to advise the EPA on the challenges and opportunities national policy present to state and local governments. Bobzien will be the lone Nevadan on the committee.

"Councilmember David Bobzien is an effective leader who cares deeply about protecting the air we breathe and the water we drink," U.S. Senate Democratic Leader Harry Reid says. "I couldn't think of a better person to represent Nevada on this important committee, and was I proud to recommend him for the job. I thank Councilmember Bobzien for his service and look forward to continuing our work together."

Reno Mayor Hillary Schieve also supports Bobzien's new role on the EPA Local Government Advisory Committee.

"Since joining the Reno City Council in 2014, Councilmember Bobzien has been a leader in encouraging efforts on the local level to address environmental issues crucial to our city's quality of life, such as water and air quality and climate change," Schieve wrote in a recent letter of recommendation to the U.S. EPA. "He has also been a vocal advocate that actions to protect the environment can also provide economic benefits."

Bobzien and other committee members will provide advice and recommendations to the EPA Administrator to assist in developing a stronger partnership with local governments.

"I'm honored by this opportunity to provide an informed view on these issues in service to our country," Bobzien says. "Water quality, toxics, carbon emissions, infrastructure financing, and other environmental quality matters are concerning to Nevadans, and our experiences with these issues are, in many ways, unique."

A New North Las Vegas is Rising From the Dust of the Great Recession
Councilwoman Anita Wood, City of North Las Vegas
North Las Vegas
City Councilwoman Anita Wood
 
President John F. Kennedy once said that a rising tide lifts all boats. Well, a new North Las Vegas is rising from the dust of the Great Recession, and the City's progress stands to transform the entire Southern Nevada region.

Consider just two of the City's recent successes: Faraday Future, an electric-car maker that broke ground in April on a $1 billion, high-tech manufacturing facility at Apex Industrial Park, anticipates creating 4,500 direct jobs and 9,000 supply and service jobs, pumping $87.5 billion into the local economy over the next two decades and netting $760 million in new tax revenues. Hyperloop One, which is manufacturing a revolutionary high-speed transportation platform at Apex, plans to invest more than $121 million in Southern Nevada by testing its projects here, bringing 100 jobs to the region. Both projects are exciting indicators that North Las Vegas is emerging as a global technology leader and developing into a true city of innovation, with Apex at the heart of the development.

Now those are just two companies; Apex Industrial Park spans 18,000 acres. A full buildout of Apex is anticipated to pump a quarter of a trillion dollars into the local economy over the next 20 years, and numerous businesses already have inquired about buying and leasing land there. In fact, since the Faraday deal was finalized, large companies from California, the Midwest and Europe have shown interest in developing facilities at Apex. Those companies' executives have marveled at North Las Vegas' lean industrial zoning policies and the City's ability to help streamline construction.

Of course, this all is phenomenal news for North Las Vegas (news that is even more historic given these deals were executed during the City's most economically challenging time). But the happenings at Apex and in North Las Vegas in general are equally transformative for the rest of the valley.

The key to any durable economy is diversity. And that is what North Las Vegas is delivering. The City is expanding the region's proven gaming and construction successes by recruiting cutting-edge transportation and technology companies here, organizations that will significantly broaden Southern Nevada's economic base.

That means more jobs for Southern Nevada residents, more homebuyers looking to put down roots, more developers wanting to invest and more retail and service shoppers to spend money. Once the Faraday plant has matured, state officials estimate it will generate an additional $230 million in state general fund revenue and $270 million in local government revenue.

Perhaps more importantly, Faraday's investment in North Las Vegas means an expanded tax base and growing coffers for our school system - to the tune of $260 million in K-12 education revenue over 20 years - a key ingredient for success, given our schools will be tasked with producing the next generation of workers and thinkers.

With all that's going on at Apex, it's no wonder the world is watching - and it is. A recent test demonstration by Hyperloop, for example, attracted scores of international journalists and press coverage around the globe.  Such a spotlight only helps the City of North Las Vegas, and all of Southern Nevada, multiply its successes.    
   
By:  Lisa Soronen, State and Local Legal Center (SLLC), Washington D.C.
Last term the Supreme Court decided six-arguably seven-"big" cases. Five of those big cases impacted local governments in some way. In some of these cases being down a Justice made all the difference-in at least two cases it made no difference at all. Beyond the big cases, the Court decided a number of "bread and butter" issues-qualified immunity, public employment, and Fourth Amendment searches- affecting local governments.

The big cases

In Friedrichs v. California Teachers Association, the Supreme Court issued a 4-4 opinion affirming the lower court's decision to not overrule Abood v. Detroit Board of Education (1977).

In Abood, the Supreme Court held that the First Amendment does not prevent "agency shop" arrangements--where public employees who do not join the union are still required to pay their "fair share" of union dues for collective-bargaining, contract administration, and grievance-adjustment.

In two recent cases in 5-4 opinions written by Justice Alito and joined by the other conservative Justices (including Justice Scalia and Justice Kennedy), the Court was very critical of Abood. The Court heard oral argument in Friedrichs in January before Justice Scalia died, and the five more conservative Justices seemed poised to overrule Abood. Justice Scalia, who ultimately didn't participate in this case, likely would have voted to overrule Abood.

In Reynold v. Sims (1964), the Supreme Court established the principle of "one-person, one-vote" requiring state legislative districts to be apportioned equally.

The question in Evenwel v. Abbott was what population is relevant-total population or voter-eligible population.

The maximum total-population deviation between Texas Senate districts was about 8 percent; the maximum voter-eligible population deviation between districts exceeded 40 percent.

The Court's unanimous opinion concluded Texas may redistrict using total population "based on constitutional history, this Court's decisions, and longstanding practice."

Over the last 25 years the Supreme Court refused to decide this issue at least three times (all the previous cases involved local governments).

The Supreme Court split 4-4 in United States v. Texas on whether the President's deferred action immigration program violates federal law.
As a result, the Fifth Circuit's nationwide temporary stay of the program remains in effect.

The Deferred Action for Parents of Americans (DAPA) program allows certain undocumented immigrants who have lived in the United States for five years, and either came here as children or already have children who are U.S. citizens or permanent residents, to lawfully stay and work temporarily in the United States.

The National League of Cities and the U.S. Conference of Mayors joined an amicus brief in this case supporting the United States. 

In Fisher v. University of Texas at Austin, the Court ruled 4-3 that the University of Texas at Austin's race-conscious admissions program is constitutional.

Per Texas's Top Ten Percent Plan, the top ten percent of Texas high school graduates are automatically admitted to UT Austin, filling up to 75 percent of the class. Other students are admitted based on a combination of their grades, test scores, and "personal achievement index." Race is considered as one factor in one of the two components of an applicant's "personal achievement index."
The Court rejected Abigail Fisher's argument that the university's use of race is unnecessary. This is the first time an education institution has won an affirmative action case since Grutter v. Bollinger (2003).  

In McDonnell v. United States, the Court unanimously reversed former Virginia Governor Robert McDonnell's federal bribery conviction.

While in office McDonnell accepted more than $175,000 in loans, gifts, and other benefits from Jonnie Williams. Williams wanted a Virginia state university to test a dietary supplement, Anatabloc, his company had developed.

The federal government claimed McDonnell committed at least five "official acts" of bribery, including arranging for Williams to meet with Virginia government officials and hosting and attending events at the Governor's mansion designed to encourage Virginia university researchers to study Anatabloc.

The Court held that setting up meetings, calling other public officials, and hosting events do not alone qualify as "official acts."

The lower court will decide whether charges against McDonnell should be dismissed based on its new definition of "official acts" or whether McDonnell should receive a new trial.

Bread and butter cases

Local government officials can be sued for money damages in their individual capacity if they violate a person's constitutional rights. Qualified immunity protects government officials from such lawsuits where the law they violated isn't "clearly established." 

In Mullenix v. Luna, Israel Leija Jr. led officers on an 18-minute chase at speeds between 85 and 110 miles an hour after officers tried to arrest him. Leija called police twice saying he had a gun and would shoot police officers if they did not abandon their pursuit. While officers set up spike strips under an overpass, Officer Mullenix decided to shoot at Leija's car to disable it.

Officer Mullenix killed Leija but not disabling his vehicle. Leija's estate sued Officer Mullenix claiming that he violated the Fourth Amendment by using excessive force.

The Court concluded Officer Mullenix should be granted qualified immunity, stating: "Given Leija's conduct, we cannot say that only someone 'plainly incompetent' or who 'knowingly violate[s] the law' would have perceived a sufficient threat and acted as Mullenix did."

In Heffernan v. City of Paterson, New Jersey,* the Court held 6-2 that a public employer violates the First Amendment when it acts on a mistaken belief that an employee engaged in First Amendment protected political activity.

Police officer Jeffery Heffernan worked in the office of the police chief. The mayor was running for reelection against a friend of Heffernan's, Lawrence Spagnola. Heffernan was demoted after another member of the police force saw Heffernan picking up a Spagnola yard sign and talking to the Spagnola campaign manager and staff. Heffernan was picking up the sign for his bedridden mother.

The Court agreed that Heffernan has a First Amendment claim even though he engaged in no political activity protected by the First Amendment, because the City's motive was to retaliate against him for political activity.

A police officer stopped Edward Streiff after he left a suspected drug house. The officer discovered Streiff had an outstanding warrant, searched him (legally), and discovered he was carrying illegal drugs.

The Court held 5-3 in Utah v. Strieff that even though the initial stop was illegal, the drug evidence could be admissible against Streiff in a trial.

The Court first concluded that the discovery of a valid, pre-existing, untainted arrest warrant triggered the attenuation doctrine, which is an exception to the exclusionary rule. The Court then concluded that the discovery of the warrant "was [a] sufficient intervening [attenuating] event to break the causal chain" between the unlawful stop and the discovery of drugs.

In Birchfield v. North Dakota,* the Court held 5-3 that states may criminalize an arrestee's refusal to take a warrantless breath test. If states criminalize the refusal to take a blood test, police must obtain a warrant.

Per the search-incident-to-arrest exception to the Fourth Amendment, police officers are allowed to search an arrestee's person, without first obtaining a warrant, to protect officer safety or evidence. To determine if this exception applies, the Court weighed the degree to which the search "intrudes upon an individual's privacy" with the need to promote "legitimate government interests." 

The Court concluded the privacy intrusion of breath tests was minimal but the privacy intrusion of blood tests was not.

What's next? 

The Supreme Court has accepted three cases of interest to local governments to be decided in its 2016-2017 term. The issue in Wells Fargo v. City of Miami and Bank of America v. City of Miami is whether cities have standing to sue banks under the Fair Housing Act over loses cities have experienced caused by discriminatory lending practices. In Manuel v. City of Joliet the Court will decide whether it is possible to bring malicious prosecution claims under the Fourth Amendment possible. The question in Murr v. Wisconsin is whether merger provisions in state law and local ordinances, where nonconforming, adjacent lots under common ownership are combined for zoning purposes, may result in the unconstitutional taking of property.