Coronavirus information - Pa. Municipal Solicitors
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com
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Good afternoon everyone,
Is there some authority that allows cities
and counties under an emergency declaration to suspend the open meetings requirement under the Sunshine Law? I haven’t been able to find anything, but I know that some municipalities and counties have done so.
Jason
Sent from my iPhone
On Mar 16, 2020, at 12:43 PM, Warren Jr., William W. william.warren@saul.com wrote:
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com
Sent from my iPad
"Saul Ewing Arnstein & Lehr LLP (saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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The Counties seem to be relying on 35 Pa. C.S.A. section 7501(d). I read this excerpt as allowing broadly to suspension of legal requirements:
(d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.
§ 7501. General authority of political subdivisions, PA ST 35 Pa.C.S.A. § 7501
Municipalities might want to exercise this provisions judiciously. Rather than dispensing with a requirement entirely, it might be better in some situations to modify the requirement, and honor the intent to the extent practicable under the circumstances.
William W. Warren Jr.
PML Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
On Mar 16, 2020, at 12:45 PM, Jason Sabol <JSabol@yorkcity.orgmailto:JSabol@yorkcity.org> wrote:
EXTERNAL EMAIL - This message originates from outside our Firm. Please consider carefully before responding or clicking links/attachments.
Good afternoon everyone,
Is there some authority that allows cities
and counties under an emergency declaration to suspend the open meetings requirement under the Sunshine Law? I haven’t been able to find anything, but I know that some municipalities and counties have done so.
Jason
Sent from my iPhone
On Mar 16, 2020, at 12:43 PM, Warren Jr., William W. <william.warren@saul.commailto:william.warren@saul.com> wrote:
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
"Saul Ewing Arnstein & Lehr LLP (saul.comhttp://saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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Each state is handling Open Meetings requirements differently. I'm not sure I've seen anything for Pennsylvania yet, but some states are offering broad exemptions recognizing the emergency while others are more restrictive. This is an issue that should be presented to the legislature to insure the continuity of government in an emergency; i.e., authorize virtual meetings of government, allow the open meetings law to be relaxed with realistic prophylactic measures to prevent abuses. Recognizing that due process hearings also will need to be virtual if we are to protect court officials, attorneys and others should be part of any legislation addressing pandemic or epidemic. Chuck
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD 20850
P (202) 466-5424 ext. 7110 M (240) 876-6790
D (202) 742-1016
W www.imla.org
Plan Ahead!
IMLA’s 2020 Mid-Year Seminar, April 24-27 in Washington, D.C.!
IMLA’s 85th Annual Conference, September 23-27 in Riverside County, CA!
-----Original Message-----
From: Warren Jr., William W. william.warren@saul.com
Sent: Monday, March 16, 2020 12:54 PM
To: Jason Sabol JSabol@yorkcity.org
Cc: pmlsolicitors@lists.imla.org; rschuettler@pamunicipalleague.org; Chuck Thompson cthompson@imla.org
Subject: Re: [Pmlsolicitors] Coronavirus information - Pa. Municipal Solicitors
The Counties seem to be relying on 35 Pa. C.S.A. section 7501(d). I read this excerpt as allowing broadly to suspension of legal requirements:
(d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.
§ 7501. General authority of political subdivisions, PA ST 35 Pa.C.S.A. § 7501 Municipalities might want to exercise this provisions judiciously. Rather than dispensing with a requirement entirely, it might be better in some situations to modify the requirement, and honor the intent to the extent practicable under the circumstances.
William W. Warren Jr.
PML Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
On Mar 16, 2020, at 12:45 PM, Jason Sabol <JSabol@yorkcity.orgmailto:JSabol@yorkcity.org> wrote:
EXTERNAL EMAIL - This message originates from outside our Firm. Please consider carefully before responding or clicking links/attachments.
Good afternoon everyone,
Is there some authority that allows cities and counties under an emergency declaration to suspend the open meetings requirement under the Sunshine Law? I haven’t been able to find anything, but I know that some municipalities and counties have done so.
Jason
Sent from my iPhone
On Mar 16, 2020, at 12:43 PM, Warren Jr., William W. <william.warren@saul.commailto:william.warren@saul.com> wrote:
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
"Saul Ewing Arnstein & Lehr LLP (saul.comhttp://saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
Pmlsolicitors mailing list
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http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
I have advised my Boroughs that they can postpone or cancel the Borough Council meetings. However there are zoning hearings, conditional use hearings and special exceptions, Code of Appeals etc., where if the applicant does not get hearing within the parameters set by law they receive a deemed approval. I have instructed my municipalities that I do not see any authority for the unilateral suspension of these hearings at this time and have advised them to reach out to the applicants for agreed upon continuances or to hold them.
As far as Townships, I provided the following information: With regard to suspending meeting or barring the public. I find no emergency or medical exception for taking such action. The stated exceptions to open meetings are set forth in one of the attached statutes and that is not one of them. By definition a Township meeting is open to the public. However, if the state promulgates an order or a rule temporarily suspending the Open meetings law then we would be able to abide by and enforce same. However, I do believe that the Board of Supervisors may participate in the meeting by audio visual means. The Open Records act defines a meeting as “any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purpose of deliberating agency business or taking official action”. I see no prohibition in the 2nd class Township Code as I do in the Borough Code which requires a majority of the members to be physically present at the meeting.
Keith
Mooney
, Esquire
50 North Fifth Street, 2nd Floor
Reading
,
PA
19601
T: 610‑898‑7155 | x2248
|
C: 610-413-6004tel:610-413-6004
|
F: 610-376-5243fax:610-376-5243
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www.barley.comhttp://www.barley.com/
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From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Warren Jr., William W.
Sent: Monday, March 16, 2020 12:54 PM
To: Jason Sabol JSabol@yorkcity.org
Cc: rschuettler@pamunicipalleague.org; pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] Coronavirus information - Pa. Municipal Solicitors
The Counties seem to be relying on 35 Pa. C.S.A. section 7501(d). I read this excerpt as allowing broadly to suspension of legal requirements:
(d) Temporary suspension of formal requirements.--Each political subdivision included in a declaration of disaster emergency declared by either the Governor or the governing body of the political subdivision affected by the disaster emergency is authorized to exercise the powers vested under this section in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds.
§ 7501. General authority of political subdivisions, PA ST 35 Pa.C.S.A. § 7501
Municipalities might want to exercise this provisions judiciously. Rather than dispensing with a requirement entirely, it might be better in some situations to modify the requirement, and honor the intent to the extent practicable under the circumstances.
William W. Warren Jr.
PML Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com<mailto:wwarren@saul.commailto:wwarren@saul.com%3cmailto:wwarren@saul.com>
Sent from my iPad
On Mar 16, 2020, at 12:45 PM, Jason Sabol <JSabol@yorkcity.org<mailto:JSabol@yorkcity.orgmailto:JSabol@yorkcity.org%3cmailto:JSabol@yorkcity.org>> wrote:
EXTERNAL EMAIL - This message originates from outside our Firm. Please consider carefully before responding or clicking links/attachments.
Good afternoon everyone,
Is there some authority that allows cities
and counties under an emergency declaration to suspend the open meetings requirement under the Sunshine Law? I haven’t been able to find anything, but I know that some municipalities and counties have done so.
Jason
Sent from my iPhone
On Mar 16, 2020, at 12:43 PM, Warren Jr., William W. <william.warren@saul.com<mailto:william.warren@saul.commailto:william.warren@saul.com%3cmailto:william.warren@saul.com>> wrote:
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com<mailto:wwarren@saul.commailto:wwarren@saul.com%3cmailto:wwarren@saul.com>
Sent from my iPad
"Saul Ewing Arnstein & Lehr LLP (saul.comhttp://saul.com<http://saul.comhttp://saul.com>) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
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the Sunshine Act has a limited provision to allow exec sessions on 24 hour notice to council members, without publication, to discuss emergency-public safety matters
William P. Leeson, Esq.
From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org on behalf of Jason Sabol JSabol@yorkcity.org
Sent: Monday, March 16, 2020 12:45 PM
To: Warren Jr., William W. william.warren@saul.com
Cc: pmlsolicitors@lists.imla.org pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] Coronavirus information - Pa. Municipal Solicitors
Good afternoon everyone,
Is there some authority that allows cities
and counties under an emergency declaration to suspend the open meetings requirement under the Sunshine Law? I haven’t been able to find anything, but I know that some municipalities and counties have done so.
Jason
Sent from my iPhone
On Mar 16, 2020, at 12:43 PM, Warren Jr., William W. william.warren@saul.com wrote:
Solicitors:
Obviously, you have been dealing with issues related to the pandemic. Please feel free to use this listserv to raise questions and provide responses.
William W. Warren Jr.
Pa. Municipal Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com
Sent from my iPad
"Saul Ewing Arnstein & Lehr LLP (saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
Pmlsolicitors mailing list
Pmlsolicitors@lists.imla.org
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
Pmlsolicitors mailing list
Pmlsolicitors@lists.imla.org
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