The Public Sector Group provides a full complement of services to counties, cities, villages, townships, libraries, port authorities, state colleges and universities, state agencies, and special purpose financing districts as follows:

Public and Structured Finance

• Prepare election proceedings for voted bond issues
• Prepare documents and oversee issuance of:
  • Bonds and bond anticipation notes (including special assessment financings)
  • Tax anticipation notes, including revenue anticipation notes (operating and permanent improvement levies)
  • Revenue-backed securities for public utilities and other revenue-generating public projects
• Taxable and tax-exempt leases, including computer and office equipment leases
• Assistance with capital financings, such as voted general obligation bonds issued by school districts to finance new school buildings, unvoted special assessment bonds issued by villages to finance street improvements, and tax-exempt leases and mortgage revenue bonds issued by cities to finance water and sewage treatment plants
• Assistance with tax anticipation notes
• Assistance with private purpose bond financings, such as industrial development bonds, hospital bonds, 501(c)(3) university bonds, and solid waste disposal bonds.
• Develop and participate in structured finance transactions, including securitization of tax-exempt bonds and receivables, off-balance sheet leases, tax-advantaged leases, sale-leaseback transactions and special purpose debt issuance by or on behalf of private companies performing services for states or local governments
• Advise tax-exempt organizations on tax-exempt formation, qualification, operations, reorganization, audit, dissolution, fund-raising, and structuring for-profit and not-for-profit subsidiaries.

Economic Development

• Tax incentive planning, including granting of tax abatements
• Tax increment financing
• Effective use of community improvement corporations, port authorities, new community authorities, etc.
• Joint venture agreements with public entities for development of shared-use facilities, including swimming pools and field houses/recreation centers
• Structured finance solutions, including synthetic leases
• Gifts to public entities

Annexation

Counsel in connection with annexation proceedings, including:

• Oversight of petition process
• Negotiation with property owners
• Representation in administrative hearings and throughout any appeal process

Zoning and Land Use Planning

• Development of comprehensive zoning plan and related legislation
• Assistance in representation of and before zoning bodies
• Interpretation of zoning restrictions in context of particular projects

Risk Management

Serve as trial counsel in litigation matters, as well as:

• Risk evaluation and insurance planning
• Program and facilities access policies

Employment

Counsel regarding individual employment issues, including:

• Employment discrimination claims
• Contract termination
• Contract non-renewal
• SERB representation
• Arbitration
• Reduction in force
• Retirement/disability retirement
• Wage-Hour complaints
• Civil service issues
• Workers' compensation
• Unemployment compensation
• Family and Medical Leave Act (FMLA)

Construction

Counsel regarding all phases of the construction and public bidding process so as to minimize risks, control costs and comply with statutory requirements, including:

• Negotiation and drafting of owner-architect agreement and owner-construction manager agreement
• Assistance in resolving bidding disputes and problems
• Drafting urgent necessity legislation for construction emergencies
• Preparation of front-end contract documents, including instructions to bidders, bid guaranty, owner-contractor agreement and general conditions
• Assistance in obtaining contractor performance and resolution of contractor disputes through mediation, arbitration and/or litigation

OSHA Compliance

• Exposure control plans
• Labor issues
• Compliance with OSHA regulations

Federal Tax and Employee Benefits

Counsel regarding tax and employee benefit issues, including:

• Welfare benefit plans, including medical plans, both insured and self-funded, and tuition reimbursement and fee waiver programs
• Cafeteria plans
• COBRA compliance
• Fringe benefits
• Tax-sheltered annuities
• Social Security coverage and other payroll tax issues
• IRS reporting and compliance
• PERS
• Resolution of disputes with the IRS

Environmental

• Wastewater treatment plant permitting
• Air and water pollution
• Asbestos abatement
• Hazardous waste control and permitting
• Comprehensive site inspections
• Environmental auditing and compliance
• Negotiation of water and sewer service agreements
• Counsel regarding availability of state and federal funding for pollution prevention and pollution control equipment

Litigation

• Defending workers’ compensation claims
• Employment disputes and discrimination claims

Energy, Telecommunications and Utilities

• Utility (electric, gas, water, telephone) service issues
• Utility deregulation
• Electricity and natural gas procurement
• Municipal aggregation
• Oil and gas leases and project finance
• Municipalization of privately owned utilities, including use of eminent domain

Real Estate

• Site and easement acquisition, including use of eminent domain
• Disposal of property

Government Affairs

Counsel in connection with legislative and administrative matters, including:

• Analysis of issues in legal, practical and political terms
• Development of strategy to secure necessary legislation or administrative rules
• Advice and assistance in obtaining federal and state grants
• Notice and analysis of pending legislation and administrative rules

Government Contracting

• Completion of competitive sealed bid procedures for obtaining state contracts which are competitively bid
• Representation before the State Controlling Board when necessary

Education

For information regarding the services Bricker & Eckler provides to school districts, visit our Education Industry Group.