Government & Municipal

McAnany, Van Cleave & Phillips has significant experience representing local governments and municipalities, including cities, counties, and school districts.  We represent local government entities in litigated, administrative and transactional matters and offer full-service advisory and litigation services. 

General Municipal Law

We regularly advise municipal clients on the legal issues and matters often faced by local governments, such as contracts, procurement, public works, interlocal cooperation, and general litigation.  We serve as counsel for large and small municipalities and local governments in Kansas and manage all legal matters on their behalf, including a wide variety of tort claims.  We are adroit in defending municipal tort claims under the Kansas Tort Claims Act.

Public Employment Law

MVP has substantial depth of experience in public employment law, providing counsel in matters of employment relation, including client counseling, administrative standards compliance, labor negotiations, mediation, arbitration, and employment litigation. We defend both public and private employers against claims of discrimination based on race, gender, age and disability in claims brought under Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Fair Labor Standards Act, Section 1983, retaliation / whistleblower claims, class action and state employment law statutes.

Labor Negotiations & Public Labor Law

We serve as the lead negotiator in multiple union contracts for municipalities and local governments in collective bargaining agreements, grievance-arbitration proceedings, and prohibited labor practice charges.  Our experience in labor law encompasses proceedings involving discipline, demotion, discharge, retaliation, conduct, contract interpretation, unit certification and decertification, work schedules and hours, job bidding, overtime, on call and call out pay, arbitrability, assignment of work, bargaining unit work, holiday and holiday pay, vacation, compensatory time, sick leave, job classification, management rights, past practices, promotions, rate of pay, residency, off duty employment, drug and alcohol testing and policies, seniority, shift hours, transfer, work week changes, schedule changes and work performance. We also represent our clients in labor arbitrations and administrative actions before the Public Employer Retirement Board. 

Professional Liability – Law Enforcement

We represent law enforcement departments in a wide range of legal matters including litigation, administrative matters, and legal and policy consultation, including matters of wrongful death, excessive use of force, search and seizure, abuse of process, malicious prosecution, false arrest and imprisonment, failure to render assistance or provide protection, failure to provide requested medical assistance, custodial neglect, sexual harassment or exploitation, failure to train, inadequate supervision or discipline, and negligent hiring.

Civil Rights

Many civil rights matters are claims brought under the First, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments.  We have extensive experience in handling the issues and defenses unique to Section 1983 claims including individual, supervisory and municipal liability, absolute and qualified immunity, color of law, standing, and subject matter jurisdiction.

Land Use, Planning & Zoning

We represent municipalities, property owners, and developers before municipal planning commissions, city councils and county commissions in matters regarding changes in zoning and planning, rezoning matters, down-zoning, zoning variances, nonconforming uses, accessory uses, development of planned districts, special use permits, subdivisions and platting.  In addition, we have represented municipalities in federal and state trial courts regarding land use litigation appeals. Our experience also includes a significant amount of land use litigation in eminent domain proceedings on behalf of condemning authorities and property development work including industrial, commercial, entertainment, gaming, residential, agricultural, rural, rural residential and historic properties. We have effectively petitioned and received approval for different government-supported funding mechanisms including tax increment financing, industrial revenue bonds and housing tax credits.


 



Ryan B. Denk