2019 Firehouse Legal Briefings

05.03.19 – Grand Junction
08.16.19 – Summit County
TBD – Frederick/Firestone

Join us for a free half-day workshop focused on some of the issues most impacting today’s fire departments, including: legal processes surrounding CORA, subpoenas and depositions, fire department unifications, the most common mistakes fire departments make in harassment and discrimination cases, and issues related to Gallagher, impact fees, consumer data privacy, firefighter marijuana use and exposure, and legislative updates.

Frederick/Firestone

Due to inclement weather, this workshop will be rescheduled.

Grand Junction

Friday, May 3, 2019
8:30 a.m. – 12 p.m.
625 Ute Ave.
Grand Junction, CO 81501

Agenda

Options, Benefits, and Best Fits for Merging Fire Departments
As the trend toward fire department mergers accelerates across the state, learn about the benefits of, and considerations for, merging fire departments. Participants will learn the various forms of fire department mergers, including consolidations, authorities, district-to-district transfers, and other unifications, and discuss which form best fits different fire department structures and needs.

The NFPA 1582 and ADA: Are They Compatible?
Many Fire Departments follow the NFPA Standards, particularly NFPA Standard 1582 for physical fitness requirements. But can following such standards run afoul of your obligations to provide reasonable accommodation under the Americanswith Disabilities Act (ADA)? What else should you consider as you deal with an employee who does not meet the NFPA Standard 1582 requirements? What have Courts said about such standards when analyzing ADA cases brought by firefighters?

Addressing Firefighter Marijuana Use and Exposure in Colorado
Recently, unique issues have arisen for Fire Departments in Colorado whose firefighters have either been exposed to marijuana through the job or who have tested positive for marijuana through intentional or unintentional exposure. There are special considerations that Fire Departments need to take into account when adopting drug testing policies or conducting testing of its firefighters for marijuana.

In this presentation you will learn:

  • Understanding of the current status of Colorado law governing marijuana and employees and awareness of any new trends
  • Legal considerations you should take when drafting drug testing and drug exposure policies
  • Tools for addressing these issues in the workforce and preparing creative policies to address some of the unique issues for firefighters

Speakers

Michelle B. Ferguson Michelle B. Ferguson serves as general counsel to special districts throughout the state of Colorado, providing legal advice on issues regarding Board governance, open meetings laws, open records, elections, TABOR and contracts. In addition to serving as general counsel to various special districts, Ms. Ferguson leads the firm’s employment law practice group. In her practice, she focuses on finding ways to keep fire departments out of court by being proactive in identifying and solving employment issues before a claim is filed. Ms. Ferguson counsels fire departments on all matters of employment law and day-to-day personnel issues, including harassment/discrimination, disabilities and reasonable accommodations, the FLSA, and collective bargaining. She also represents her clients in all types of administrative proceedings and litigation before federal and state courts.


Emily J. PowellEmily J. Powell is a special districts attorney and a director with the firm Ireland Stapleton Pryor & Pascoe. She is deeply involved in all aspects of representing special districts, such as contract and intergovernmental agreement negotiation and drafting, special district organization and authority formation, real property inclusions and exclusions and boundary realignment issues, and advice and assistance on all aspects of statutory compliance, regular and special board meeting procedures, regular and special elections and employment/volunteerism law. She also regularly provides legal advice on issues relating to the Colorado Governmental Immunity Act, the Colorado Open Records Act, the Patient Protection and Affordable Care Act, budget and audit laws, and TABOR and Gallagher Amendment issues.


Summit County

Friday, August 16, 2019
0035 County Shops Rd.
Frisco, CO 80443

Agenda

#MeToo and Third Party Liability
In today’s social and political landscape, sexual harassment is at the forefront. During this session, participants will garner the information they need to identify, address, and investigate harassment in their departments. We will address harassment of and by employees and third parties, and steps your department can take to reduce instances of harassment in the workplace. Throughout this interactive session, attendees will receive an overview of sexual harassment under state and federal law, and will learn best practices for ensuring a safe and productive working environment, and how to reduce legal liability for their departments.

Learn:

  • The importance of creating a culture that is free of harassment
  • Learn how to identify claims of harassment
  • Discover the best practices for reporting and investigating claims of harassment

Hot Topics: Gallagher, Impact Fees, Consumer Data Privacy, and 2019 Legislative Update
Join us for a discussion of recent topics generating intense interest in the fire service, including how to calculate and collect impact fees, the Gallagher Amendment and seeking voter approval to “de-Gallagherize”, new laws mandating protection of personal data, and those laws passed in 2019 particularly affecting fire departments.

Speakers

Matthew A. Court Matthew A. Court works with special districts in a variety of areas including contract drafting, transactional matters, state and federal statutory compliance issues, property inclusions and exclusions, and employment matters.


Emily J. PowellEmily J. Powell is a special districts attorney and a director with the firm Ireland Stapleton Pryor & Pascoe. She is deeply involved in all aspects of representing special districts, such as contract and intergovernmental agreement negotiation and drafting, special district organization and authority formation, real property inclusions and exclusions and boundary realignment issues, and advice and assistance on all aspects of statutory compliance, regular and special board meeting procedures, regular and special elections and employment/volunteerism law. She also regularly provides legal advice on issues relating to the Colorado Governmental Immunity Act, the Colorado Open Records Act, the Patient Protection and Affordable Care Act, budget and audit laws, and TABOR and Gallagher Amendment issues. Emily received her B.S. from Colorado State University, and her J.D. from the College of William and Mary, graduating first in her class.


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