Posts Tagged ‘municipalities’

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 »

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 »

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 »