The representation of governmental clients often presents new and unique questions. The arrival of “First Amendment Audits” throughout the state this past year provides a prime example of the challenges municipal attorneys encounter. For the uninitiated, social activists, armed with smartphones and streaming platforms, took it upon themselves to audit their First Amendment rights (as they understood them) by entering a town, city or village hall and interacting with various personnel, recording the interactions as they go along. Many included verbal requests for names, titles and salaries of the officer or employee they were speaking with as they undertook a self-guided tour through the public areas of the municipal office. While for the most part innocuous, some encounters became confrontational as the activist tried to enter non-public forums or requested information that was not subject to disclosure. As these encounters are unannounced, these audits turn into a pop quiz on the bounds of the First Amendment and the Freedom of Information Law for municipal attorneys.

Throughout 2022, there were numerous new developments in local government practice. Final regulations regarding cannabis dispensaries have been issued as retail operations prepare to open for business. Municipal boards had to transition from the emergency video conferencing rules that governed from 2020-2022 to a new video conferencing regime. Regulating accessory dwelling units, good-cause evictions and the regulation of short-term rentals have all taken on added importance to municipalities. Municipal practitioners require the nimbleness to seamlessly transition between these areas of expertise, often during the same board meeting.

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