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Municipal Law

Sive, Paget & Riesel represents units of local government and private parties in many contexts involving local government law. Sive, Paget & Riesel acts as special counsel to municipalities in New York and as far away as New Mexico providing specialized expertise, including acting as special litigation counsel. Our Municipal Law practice handles a broad range of issues including Code and Charter Revision, Civil Rights and Personnel Litigation, Intra-Governmental Disputes, Special Districts, Indian Law, Tort Liability, Open Meetings/Freedom of Information and Ethics.

Code and Charter Revision
Sive, Paget & Riesel has been retained as special counsel drafting and revising local codes, laws and ordinances, including the recodification of the entire City Code of the City of Yonkers. Sive, Paget & Riesel was also retained on three separate occasions during the past decade to represent the City of Yonkers Charter Revision Commission and successfully defended the Commission's work in precedent setting litigation before the New York State Court of Appeals.

Civil Rights and Personnel Litigation
Sive, Paget & Riesel has counseled and successfully defended municipalities in connection with personnel disputes and claims of civil rights violations by municipal employees, officials and third parties.

Intra-Governmental Disputes
Legal disputes between the branches of a municipal government can be exceedingly difficult to resolve. In the past decade, Sive, Paget & Riesel has operated as special counsel to the Yonkers Corporation Counsel and provided counsel in connection with multiple lawsuits between the Mayor and the Yonkers City Council.

Special Districts
Sive, Paget & Riesel has been retained to form and organize special districts, such as sewer districts. In addition, Sive, Paget & Riesel's principal municipal law expert, Steven Barshov, has extensive experience litigating matters relating to special district operation, finance and powers.

Indian Law
The interrelationship between local governments and Indian Tribes is quite complex and often extremely controversial. Steven Barshov represented the New Mexico Municipal League in substantial litigation involving the power of Indian Tribes to impose environmental standards on municipal utilities, such as sewage treatment plants.

Tort Liability
The extent to which municipalities are liable for torts committed by municipal employees is the subject of continued debate and the object of calls for tort "reform". Steven Barshov represented the New Mexico Municipal League in litigation before the New Mexico Supreme Court involving the constitutionality of the damage limits of the New Mexico Tort Claims Act.

Open Meetings/Freedom of Information
Sive, Paget & Riesel has been called upon to determine when units of local government are required to divulge information under the state's Freedom of Information Law and when municipal governing bodies and other agencies are permitted to meet in "executive session".

Ethics
Sive, Paget & Riesel has provided counsel concerning compliance by local government officials with ethics requirements, including local ethics codes. In this regard, Sive, Paget & Riesel has counseled concerning conflicts of interest, public disclosure, and other related matters.

 

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