Archive for the ‘Government or School Matters’ Category

In an era where government transparency is increasingly critical to public trust, municipalities in Pennsylvania face growing pressure to comply with the Right-to-Know Law (RTKL). However, the law’s complexities often leave local governments grappling with challenges in interpretation and compliance. This article addresses common challenges municipalities face, the potential ramifications of failing to comply, and strategies for staying ahead of issues. Despite the nuances of exemptions, response deadlines, and handling complex or sensitive requests, municipal leaders can ensure that they remain in compliance by understanding the intricacies of the law. Under the law, municipal governments are required to provide access… read more »

Municipalities are tasked with keeping roads free of obstructions. Property owners have a duty to maintain their property in a reasonably safe condition so as not to interfere with vehicular travel. So, who is responsible when a tree limb extends over a municipal road?  The courts have ruled that municipalities and property owners are both liable when a tree limb or obstruction from the property owner’s land interferes with travel on a municipal road. The municipality and landowner are jointly liable for any injuries caused by overhanging limbs. The Second-Class Township Code allows township officials to remove trees or shrubs… read more »

On October 16, 2024, Governor Shapiro signed Act 1100 of 2024, which made the following four changes to the Borough Code: First, Section 1059.3 now provides that an elected or appointed borough official may not be surcharged if the official acted in good faith and relied on a written or publicly disclosed opinion of the borough solicitor. If the solicitor publicly stated an opinion at an open meeting and recorded it in the official minutes of the meeting, a borough official acting in good faith may rely on this opinion. However, this does not apply if the solicitor’s opinion is… read more »

CGA Law Firm is pleased to announce that Attorney Beth J. Kern has been unanimously elected as a Shareholder. Beth has quickly established herself as an integral member of CGA Law Firm, contributing her expertise to the Municipal, Business, Employment, Real Estate, and Estate Planning Practice Groups. “I am extremely excited that Beth will now be a Shareholder at CGA. Beth has demonstrated that she is able to effectively work with our clients in her areas of expertise to provide exceptional legal advice and be a trusted counselor. In addition, Beth has been willing to use her expertise to assist… read more »

All throughout Pennsylvania, an increasingly common sight is emerging: backyard beekeepers tending to personal hives and enjoying fresh honey. As interest in sustainable living, organic foods, and environmental stewardship grows, so too does the fascination with beekeeping. This ancient practice is experiencing a modern resurgence across the Keystone State, where enthusiasts are not only drawn to the sweet rewards of honey but also to the critical role bees play in pollinating crops and preserving biodiversity. However, behind the scenes of this burgeoning hobby lies a complex regulatory framework designed to ensure the health and safety of both bees and communities…. read more »

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 »

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 »

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 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 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 »