Archive for the ‘Municipal Law’ Category

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 »

Barb Ross has been an indispensable part of the CGA Municipal Department for over 40 years! She is a paralegal specializing in Municipal Collections and Foreclosures. In her day-to-day work at CGA, Barb plays an integral role in the delivery of legal services to individuals and groups. She has an advanced understanding of the legal system and can go beyond administrative tasks and assist with more detailed work. Barb has formed strong friendships with her colleagues and they rely on her extensive knowledge. When asked about Barb, Municipal Law Chair Attorney Devon Myers-Kolomick said “Barb is a tremendous resource to… 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 »

Municipal Paralegal Joins CGA Law Firm Sean T. McNally is CGA’s most recent addition to the municipal legal team. He has over six years of experience as a paralegal with a focus in areas as diverse as business formation and elder law. At CGA, he is looking forward to narrowing his practice specifically to municipal law. A Penn State alumnus, Sean earned a Bachelor of Science degree in Sociology. His undergraduate coursework taught him to think critically about current and historical social issues, research and analyze empirical data, and develop ideas to improve the social world. His favorite classes at… 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 »

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 »