Archive for the ‘Municipal Law’ Category

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 »

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 »

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 »

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 »

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 »

Happy New Year! The new year brings to us new numbers to keep in mind for municipal decision-making in 2023: Bid advertising requirements. In 2023, the threshold requiring advertisement of a municipal bid will increase to $22,500, up from $21,900 in 2022. The amount requiring collection of multiple telephone quotes for municipal work will increase to $12,200, up from $11,800 in 2022. Municipal action below the threshold of $12,200 will not require competitive solicitation. While these numbers are up, they have not increased at pace with the 8.2% increase in the consumer price index; Pennsylvania statute prevents the increase of these bidding requirements from exceeding… read more »