CGA Law Firm recognizes Paralegal Christine Bland for her remarkable 20 years of service. She embarked on her journey at CGA as a municipal paralegal, a role tailored to support the firm’s expanding municipal practice group. “Chris has been a true asset to CGA and our municipal law department. She is smart, hard-working, and always willing to go above and beyond. I truly value her expertise, dedication, and commitment to excellence,” stated Municipal Practice Group Chair Devon Myers. Chris’ contributions extend to serving over 35 municipalities and collaborating with 12 municipal attorneys, all while providing support to attorneys in various… read more »
Green Acres: Pennsylvania’s ACRE Law and How It Helps Farmers
The agriculture industry represents a critical component to a thriving Pennsylvania economy. Currently, Pennsylvania’s Department of Agriculture estimates that farmlands occupy 7.3 million acres of land across the state. This means that farm lands constitutes twenty-five percent of Pennsylvania’s total land mass!! Agriculture contributes $132.5 billion to the economy each year, and one out of every ten jobs in Pennsylvania belongs within the agriculture industry. The significance of agriculture in Pennsylvania truly cannot be overstated. The significance of agriculture also renders it worthy of protection. The agriculture industry receives protection from all three branches of the Pennsylvania government. The General… read more »
Amendment to Pennsylvania’s Sunshine Act Restricts Local Government’s Ability to Amend Meeting Agenda
In 2021, the Sunshine Act was amended to provide new requirements for publishing and posting public meeting agendas. The amendment required local governing bodies to post agendas to their publicly accessible website at least 24 hours in advance of the public meeting. The Sunshine Act amendment, however, provided limited exceptions to allow governing bodies to add items to its already published agenda within 24 hours of the public meeting or at the public meeting. Those exceptions are enumerated in Section 712.1 of the Sunshine Act and include the following: a matter that relates to a real or potential emergency involving… read more »
The Clock is Ticking – Obligate ARPA Funds Before the Deadline
The American Rescue Plan Act (ARPA) has provided many local governments with a financial boost to tackle the challenges the pandemic presented. However, with the deadline to obligate these funds less than a year away, municipalities must be mindful of the time limitations associated with the funds to ensure optimal utilization for their community’s benefit. Local governments have until December 31, 2024, to obligate all received ARPA funds. This means the governing bodies of municipalities must allocate the funds to specific projects, programs, or initiatives before this date to avoid loss of funds. Under the Final Rule, failure to meet this… read more »
Social Media, School Boards, and the Supreme Court
Social media is one of the fastest ways to deliver information to a large group of people. Occasionally on social media, it is common to “block” people so that you do not have to see their posts and vice versa. However, when a public official blocks someone and prevents them from receiving information—is this a violation of their First Amendment rights? This November the Supreme Court must determine if public officials engaging in “state action” are constitutionally permitted to block certain parents from their social media accounts used to promote school policies and provide general information to others[1]. Depending on… read more »
The Future of EMS Service in Pennsylvania
The Pennsylvania Municipal Authorities Act (the “Act”) gives municipal authorities in Pennsylvania the ability to do a number of things, including the authority to provide water service, sewer service, and storm water management; the power to operate incinerator plants and landfills; and operate several kinds of public transportation networks. One item not found on the list of items that a municipal authority can do is operate an emergency medical services (EMS) provider. Over the last several years, many municipalities have seen a precipitous drop in the number of volunteers that have traditionally provided both fire and EMS services to these… read more »
Do Your Constituents have the Right-to-Know what You Post on Social Media?
Social media is a powerful tool for connecting with constituents. However, the expansion of public discussion through social media encourages an expanded application of the Right-To-Know Law. In an April 2023 case, Penncrest School District v. Cagle, the Commonwealth Court attempted to clarify when a public official’s social media activity would be subject to disclosure. The new test limits the applicability of the Law to social media activity but does not settle the matter, so future litigation will likely clarify the test. The Right-To-Know Law is “designed to promote access to official government information in order to prohibit secrets, scrutinize… read more »
Parking Enforcement in Municipalities
When it comes to parking enforcement and restriction in local municipalities, decisions fall on the shoulders of the municipality’s leaders. Under the U.S. Constitution, it is within a municipality’s police powers to enact new ordinances to enforce parking and safety measures. When determining whether a new ordinance is lawful, the ordinance must pass the rational basis test [1]. To pass this rational basis test, there must be both 1) a legitimate governmental interest; and 2) the ordinance must achieve the governmental interest in a reasonable manner. In addition to the use of parking meters in company with signs providing notice… read more »
Employee Engagement is Important for Local Government Employers Too
According to the October 2019 US Bureau of Labor Statics 22.6 million workers make up the total number of public sector employees in the United States. Of those 22.6 million, 14.6 million or 64.6% are local public sector employees. The pandemic, remote working, and the idea of “gigs” over a career has sparked numerous challenges in the job market for private and public employers. As a large population of the workforce enters and nears retirement age, hiring and retaining employees at the local level will be at the forefront of many local officials minds and meeting agendas. Compliance with employment… read more »
Landmark Victory on Behalf of Pennsylvania’s Underfunded School Districts
In a 786-page decision issued on February 7, 2023, the Pennsylvania Commonwealth Court ruled that Pennsylvania’s school funding system is unconstitutional and must be reformed. The case William Penn School District et al. v. Pennsylvania Department of Education et al. was filed against the Pennsylvania Department of Education, state legislative leaders, state education officials, and the governor (collectively, the “Defendants”) in 2014 by six Pennsylvania school districts, four parents of minor children, the Pennsylvania Association of Rural and Small Schools, and the National Association for the Advancement of Colored People – Pennsylvania State Conference (collectively, the “Plaintiffs”). The Plaintiffs claimed… read more »
