General Advice

Education and municipal law is complex and dynamic and we recognize our clients' need for accurate and prompt responses to their legal questions. Our research and communications are performed efficiently by, or under the direction of, an experienced partner. Clients may also take advantage of Clark Hill's expert legal advice in non-traditional specialties at public sector rates (e.g., environmental, intellectual property, immigration).

Municipal Finance

The Group represents school and municipal clients with their financial and borrowing needs. Clark Hill is identified in the Bond Buyer's Municipal Marketplace as "Recognized Bond Counsel" and Group members regularly serve as bond counsel and note counsel for school and municipal clients. Group members have extensive experience and expertise concerning the federal and state laws governing the issuance of tax-exempt debt. Group members also have thorough knowledge of the federal and state law requirements for structuring school and municipal bond debt as well as state and local election laws.

Labor and Employment

Many of the Group's attorneys are recognized experts in labor and employment matters, having published and frequently spoken on topics in this broad area. Group members routinely advise clients on collective bargaining and grievance matters, including acting as chief spokesperson in negotiations, and representing school and municipal clients before the Michigan Employment Relations Commission (MERC) and in labor arbitration. Our members have advised and represented school districts on the application of the Michigan Tenure Act, as well as applicable federal and state civil rights laws. We have extensive experience on such issues as hiring, evaluation, discipline, termination, workers' compensation, wage-hour issues, residency, accommodation, sexual harassment, search and seizure, workplace surveillance, drug testing, nepotism, unemployment compensation, conflict of interest, occupational health and safety, and incompatibility of offices.

As general counsel to two large private-sector employer associations - the Michigan Manufacturers Association and the American Society of Employers - the Firm is constantly monitoring important legal developments which impact Michigan employers, and this knowledge and perspective has proven extremely beneficial to our school district clients. In addition, for more than 20 years the Firm has sponsored an annual Employment Law Conference for the benefit of its clients and other attendees.

Disability & Special Education

Several Group members have experience advising and representing clients in all areas of disability law, including issues arising under the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; and, the Individuals with Disabilities in Education Act. Special education is an area of particular expertise. The laws and regulations that govern special education are among the most complex and burdensome legal restrictions facing our school clients. Group members are available to counsel clients through this legal maze to ensure disabled students are effectively and efficiently educated in compliance with applicable laws. Group members also give advice in disciplinary situations, to ensure not only legal compliance, but also safety and order in the school environment. Finally, when necessary, Group members are available to successfully represent their public school clients in due process hearings, appeals and in court.

Retirement & Benefits

Clark Hill has specific experience and expertise in employee benefit issues as they relate to Michigan public school districts. This representation and advice includes not only HIPPA and MPSERS issues, but also IRC Section 125 ("cafeteria") plans, IRC Section 403(b)(3) tax-sheltered annuities, and IRC Section 457 deferred compensation arrangements.

Purchasing & Competitive Bidding

Michigan public school districts, intermediate schools districts and public school academies must adhere to specific statutory requirements relative to purchasing and competitive bidding. Group members provide daily advice to clients and have extensive experience with purchasing and competitive bidding issues, including but not limited to the following: preparing and reviewing Requests for Proposals (RFPs), analyzing responses to RFPs and preparing and reviewing resulting contracts; drafting and interpreting district bylaws, policies and regulations; analyzing compliance with state law and existing board policies for the acquisition of supplies, materials and equipment, construction of new school buildings or additions to, or repair or renovation to, existing school buildings and energy conservation improvement projects (including performance contracting); acquiring and analyzing bid, payment and performance bonds; assisting with defaulting contractors; and, determining the lowest responsible bidder.

Technology

In recent years, Group members have devoted a substantial portion of their practice to representing clients in the acquisition and implementation of technology. Group members have acted as special consultants to the Michigan Association of School Administrators (MASA) to assist the Michigan Legislature define "technology" as that concept is used in Section 1351a of the Revised School Code, which sets forth the permissible use of bond proceeds. As bond counsel, Group members have worked with the Michigan Department of Education and the Michigan Department of Treasury to qualify bond issues containing significant technology components for purposes of the school bond loan fund. Group members have extensive experience contracting for the acquisition and implementation of technology, including contracts with technology designers, technology consultants and hardware and software vendors. These contracts include software license arrangements, as well as agreements relating to the implementation of wide-area networks (WANs) and local-area networks (LANs). Group members have also represented numerous clients in the implementation of WANs.

General Litigation

Our clients consider litigation an area of significant strength. Group members appear in court regularly and have earned reputations as aggressive, effective and cost-efficient litigators whose cases have shaped the contours of Michigan law. There is no area of education and municipal law where Group members have not successfully represented their clients in court. Clark Hill has been appointed as counsel for the more than 30 school district members of the MAISL Insurance Trust and, as such, is available to handle routine litigation. Of course, one of the Group's primary goals is to keep its clients out of court. However, where this is not possible, the Group's litigators are unsurpassed in their ability to win cases, consistent with clients' core values and financial interests.

Real Estate, Land Use Regulation & Construction

Group members routinely represent clients in the appraisal, sale, acquisition and lease of real estate. Members' experience includes a wide spectrum of transactions negotiated from the perspective of the landlord, the tenant, the purchaser and the seller and has included transactions with private entities as well as federal, state and municipal governmental agencies. Group members have successfully represented clients in court on real estate issues running the gamut from condemnation, zoning and land use issues to defending property tax assessments for big rise commercial buildings and nuclear power reactors.

Group members have intervened on behalf of numerous school clients to defuse or compel restructuring of attempts to establish property tax vehicles such as TIFAs, DDAs, LFDAs and BRAs. Group members have been involved in every phase of the construction process including assisting with project financing, contract preparation and negotiations with architects, construction managers, general contractors and sub-contractors, site acquisition, environmental audits and compliance, insurance issues, lien issues, and the enforcement and defense of claims through litigation, arbitration and various other alternative dispute resolution approaches. Group members have extensive experience in the preparation and modification of standardized contracts prepared by such organizations as the American Institute of Architects (AIA) and the Associated General Contractors (AGC). Additionally, Group members were instrumental in assisting the Michigan School Business Officials ("MSBO") in drafting prototype "owner" (school district) protective construction contracts to be used with architects and construction managers. In addition, Group members have extensive experience in preparing requests for proposals, evaluating such proposals, and assisting in the interview and selection process for design professionals and construction managers.

Civil Rights & Affirmative Action

Group members have extensive experience representing education and municipal clients in civil rights matter. All Group members provide advise on compliance with federal and state civil rights laws, including Title VI, Title VII, Title IX, disability law and the Elliott-Larsen Civil Rights Act. Most Group members have represented education and municipal clients defending charges of discrimination before the Equal Employment Opportunity Commission, the Department of Education's Office for Civil Rights (OCR) and the Michigan Department of Civil Rights. Additionally, Group members have successfully defended public schools in bench and jury trials alleging civil rights violations. The Group attorneys also counsel and represent clients on affirmative action issues.

Elections

Group members regularly assist school and municipal clients with all legal aspects of their elections.

Board and Council Governance

School and municipal boards and councils perform their duties in complex legal contexts including their own policies, by-laws and charters and an ever increasing array of state and federal laws. Group members practice daily in these areas to ensure Clark Hill clients are confident in carrying out their work consistent with their internal policies and charters and external law. All Group members are well familiar with the Freedom of Information Act (FOIA). The Open Meetings Act (OMA), like FOIA, is a "must-know" statute for Group members. Group members are available to safely guide clients into and out of closed session and to ensure against missed steps along the way. Group members have also successfully defended their clients against FOIA and OMA challenges in court.

Student & Citizen Rights and Responsibilities

Several Group members specialize in legal issues involving student and citizen rights and responsibilities. With respect to school districts, Group members review and prepare policies and administrative procedures. Group members also advise and have frequently and successfully represented districts in connection with student suspensions and expulsions, both in school and in court. With respect to school and municipal clients, Group members routinely provide advice and litigation support on free speech issues, arising under the Michigan and federal constitutions, and issues concerning the Open Meetings Act (OMA) and Freedom of Information Act (FOIA).