Posts Tagged ‘municipal law’

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 »

Most municipalities include within their Zoning Ordinances a procedure permitting landowners within their prospective municipalities to request a rezoning for a parcel within the municipality. The rezoning request is a request to amend the municipalities zoning map. A municipality upon such request should review its Ordinance provisions to ensure that proper procedure is being followed, all information required in the application is provided, and that any necessary fee is paid. Generally, a rezoning request is a good opportunity for the municipality to seek advice and counsel from its own Planning Commission as well as from the York County Planning Commission…. read more »

CGA Law Firm is pleased to announce the election of Stephen R. McDonald, Esq. to shareholder. Stephen has been practicing law for over 25 years and has acquired extensive experience in multiple areas. He is a seasoned attorney in both civil litigation and criminal defense. Well versed in municipal law, Stephen serves as the solicitor for multiple municipalities in South Central Pennsylvania, and the York County Clerk of Court’s Office. He often represents clients in front of zoning hearing boards and other municipal and local government entities.  Prior to joining CGA, Stephen worked at the Office of the District Attorney for… read more »

As we get near the end of 2022, it is time for local municipalities in Pennsylvania to begin thinking about everything that needs to be accomplished before the calendar flips to 2023. Four of the major items that every municipality needs to accomplish before the end of the year are the passage of a budget, adoption of a tax resolution or ordinance, making necessary appointments or re-appointments to boards and commissions, and advertisement of meetings for the following year. Once a tentative budget has been ironed out, the board or council must approve advertisement of that tentative budget. This action… read more »

The Volunteer Service Credit Act (the “Act”), which is found in 35 Pa. C.S.A. Health and Safety, was amended in 2020 by Act 91 to allow active volunteer firefighters to take an even greater tax credit. As many municipalities are experiencing first hand, volunteer fire and emergency service companies are declining in numbers of volunteers across the Commonwealth. The Act (Act 172 of 2016) was adopted to assist with recruiting and maintaining active volunteers by offering financial incentives. This credit allows for volunteer firefighters to obtain a credit against municipal real estate tax obligations for amounts they have paid that… read more »

Attorney John R. Wilson Presented “The Mayor, the Chief, and the Law: Best Practices for Avoiding Civil Lawsuits”at the Pennsylvania State Mayors Association on Tuesday, November 22nd. His partners for this presentation included Attorney Jim Nowalk and Mayor Ron Harris. The webinar provided information to borough and city mayors regarding the respective roles of the two in the context of a municipal policing. Specifically, the mayor’s role as the elected and accountable “head of the police department” and the police chief’s role as the boots-on-the-ground law enforcement professional with years of police experience. John’s portion of the webinar summarized the… read more »