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HELEN PUTNAM AWARDS LEGAL from page l • � • • � • • � • • • • • . • . CALL FOR ENTRIES He eventualy placed several smaller antennas Does your city have a program that resulted in a on the property without the aty's permission. When more effecfive de6very of services to the communihr? he sought permission to construct a second antenna tower, the city leamed that he had been using the Now is the time to get your deserved r�ecognition antennas to provide commeraal senrice, in violation by applying for the 2005 Cafifomia Ci�es Helen of the aty's ordinance requiring a conditional use Putnam Award for Excellence. IYs an opportunity to permit from the Planning Commission for such thank your employees and collaborators, gain the purposes. He subsequently apphed for a permit, appreaation of your residenls and feel proud of which was met with strong opposition from several outstanding contributions made to better your aty. neighbors. The Commission denied his pemrt apppcation, basing its decision on adverse visual The Helen Putnam Awarc1 recognizes the exce� impacts from the existing antennas and establishing lence of CaGfomia cities as demonstrated by benefi- precedent for sirrrilar projeds in the future. aal innovations, resourceful effiaenaes, improved pubGc service and overall enhanced public trust and Abrams sued the aty, asserting that the city had support. violated his rights under section 322 of the Telecorr} munications Act of 1996. He also sougM damages, attomeys fees, and other relief putsuant to section Categories for the 2005 Helen Putnam Awards 1983 of the Civil Righfs Act. The disfict court 1. Eifective Advocacy, Intergovemmerrtal orclered the aty to grant Abrams a permit, finding Relations and Regional Cooperation that the Cornrrrission's denial of the app�cation was 2. Housing Programs and Innovations "an act of spite by the corr�nunity." But the court 3. Enhanang Public Trust, Ethics and Corr� denied his request for section 1983 damages. munity Involvemerrt 4. Community Services and Economic On appeal, the Ninth Circuit Court of Appeals Development reversed the lower court on the issue of damages, 5. Planning and Environmental QuaGty Nang that section 1983 remedies were available fio 6. Intemal Administration Abrams. 7. PubGc Safeiy 8. PubGc Works, Infrastrudure and Transpor- The United States Supreme Court disagreed and tation reversed the Ninth Circuit The Court ruled that 9. Ruth Vreeland Award for Engaging Youth in secfion 332 of the Telecommunications Act was the City Govemment sole source of remedies for violations of the Ad. As 10. League Partriers Award for Excellence �� Stevens wrote in his concuning opinion, "[Tjhere is not a shred of evidence in the legislative To qualify, entries must demonstrate that your aty history [of the Telecommunications Act) that ... offered a r ram or service that has Congress intended plaintiffs to be able to recover P o9 proven measur- damages and attomey's fees." able success within a minimum of one year of actual implementation. The League joined in a fiend-of-the-court brief The submission dead�ne is May 14, 2005. fi�� y � �e Supreme Court along with CSAC, the Applications were recently mailed to all aties. The League of Oregon Cities, the Nevada Assoaation of application is also available to download on the Counties, and others. The League thanks James N. League's Website at www.caaties.ora/helen�utriam. Horwood and Peter J. Hopldns of Spiegel 8� McDiarmid and Roy T. Englert, Jr. and Max Huffrrian Winners will be announced in October at the of Robbins, Russell, Englert, Orseck & Untereiner Annual Conference in San Francisco. Award winners LLp for their fine work in writing the brief. will be recognized with a press release sent to your hometown media and featured on the League's Website and Westem Ciiy magaane. Arrangements can be made to have a League representative present the award during a aty counal meeting. Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 3 _.._. _ ... _.. .. __ _ _.... .. ._....