AIO PENNSYLVANIA STATE N O ASSOCIATION OF …boroughs.org/ckfinder/...LegalUpdateProgramBklt(1).pdf · and situations that public officials and employees ... risk, sunk costs, and

www.boroughs.org | Pennsylvania State Association of Boroughs | PAGE 1

This program addresses the needs of solicitors, municipal administrators, mayors, council members, police and fire chiefs, and finance directors.

August 26 – 27, 2015 | Sheraton Harrisburg/Hershey

PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS

2015 AnnuAl PA MuniciPAl lEGAl uPdAtE

REGISTRATION & PROGRAM

11 cBO credit Hours11 clE credit Hours(1 Ethics and 10 Substantive)

tEAM members receive one free registration.

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PAGE 2 | PSAB Annual PA Municipal legal update | www.boroughs.org

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new laws and court cases are increasingly changing Pennsylvania’s

municipal landscape. this program will provide municipal officials

and solicitors with guidance as you navigate the winding roads of

Pennsylvania municipal law.

11 CLE Credit Hours • 11 CBO Credit Hours (1 Ethics and 10 Substantive)


PA MuniciPAl lEGAl uPdAtE

this program has been approved by the Pennsylvania continuing legal Education Board for 10 hours of substantive law, practice, and procedure clE credit and 1 hour of ethics, professionalism, or substance abuse clE credit.

Please note that workshop topics and speakers are subject to change.

Attendees are encouraged to bring electronic devices such as laptops or ipads as workshop material will be accessed electronically. You will receive a password to access materials at the conference. Materials will be on www.boroughs.org.


D AY 1 - S C H E D U L E8:00am .........................................................................................................................Registration

8:30am ..................................................................................................General Session Begins

11:45am – 12:45pm ......................................................................................lunch (included)

4:05pm ..................................................................................................................................Adjourn

5:00 – 6:00pm ...............................................complimentary networking Reception

D AY 2 - S C H E D U L E8:00am .........................................................................................................................Registration

8:30am ..................................................................................................General Session Begins

12:50 – 1:50pm ..............................................................................................lunch (included)

3:00pm ..................................................................................................................................Adjourn

S C H E D U L E O V E R V I E W

Pennsylvania Borough Solicitors AssociationBlaine A. Lucas, EsquirePresident

Shelley A. HoukExecutive Director

The PA Borough Solicitors Association is composed of more than 300 attorneys like you, who render advice on the Borough Code, draft ordinances, and represent borough officials in court. We invite you to take advantage of our services to stay current with changes in legislation and the courts.

Member Services & Benefits•SampleModelOrdinances(100+library),copiesofStateLegislation•InBriefNewsletter(summaryofAppellate,FederalandU.S.SupremeCourtdecisionsaffectinglocalgovernmentandcopiesoftheserelevantcases)

•PennsylvaniaBoroughNewsMagazine(withlegislativeinsert)•Non-LegalResearchAssistance•MemberratesforPublications•MemberratesforPAStateAssociationofBoroughsConferencesandTraining•EducationalOpportunitieswithCLECredits

Policy implemented in 2002 requires the borough solicitor to be a member of PBSA in order to receive all member services (ordinances and unlimited questions) even if your borough client is a member of the PA State Association of Boroughs.

For membership information, contact Shelley A. Houk, Executive Director, at [email protected].

D AY 1 Wednesday, August 26th 8:00 – 8:30amREGISTRATION/CONTINENTAL BREAkfAST8:30 – 9:30amGENERAL SESSION

General Session Speaker: the Honorable Judge John E. Jones, iiiJudge Jones will speak about recent court decisions. in 2015, he wrote the decision concerning intelligent design and in 2014, he authored the ruling that made same-sex marriage legal in PA.

9:35 – 10:35amWhat Is Cyber Risk Insurance & Should Your Municipality Have It?cyber Risk insurance generally covers direct losses and liability claims due to computer hacking and computer viruses. these types of losses are typically not covered by the standard commercial liability policy (although this is the subject of some litigation). As with all insurance, the cyber risk coverage offered by insurance companies is limited and subject to several exclusions. Review will include typical claim scenarios, highlighting coverages and exclusions, so that you can better decide whether cyber risk insurance is right for your municipality.

Speakers: Michael R. Kelley, Esq.Firm: Mcnees, Wallace & nurick, llc

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D AY 1 , C o n t i n U E D Wednesday, August 26th

After Ferguson – Body Cameras and Policing in the 21st Centurythe worst events for any municipality are the events that could never happen here — until they do happen. As public safety services are the most public manner in which a municipality interacts with its constituents, the question is being raised, what can municipalities and officers do to protect themselves while also creating a culture of accountability? discussions will include body cameras and other devices currently used and the legal as well as practical issues with them. the goal is to identify practices which may create future challenges for municipalities and educate participants of possible issues they may face.

Speaker: Michael McAuliffe Miller, Esq. Firm: Eckert Seamans, Attorneys at law

10:40 – 11:40am Police Liability: Use of ForcePolice officers and administrators have come under increasing scrutiny following several high-profile incidents, and the greater availability of videos, smartphones, body cameras, and other recording devices. the presenter is a former police officer and attorney experienced in defending the use of force claims, policy, training, and how such claims are litigated both in court and the court of public opinion. Participants will learn practical tips and insights on how to better advise municipal clients to prepare and train administrators to avoid use of force claims, and be better equipped to defend such claims.

Speaker: david J. MacMain, Esq. Firm: MacMain law Group, llc

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Drafting Non-Discriminatory Use of Public Property Policiesdid you know that the use of public property is governed by Free Speech as well as other non-discrimination laws? learn the elements of effective and fair policies.

Speaker: Kristopher J. Gazsi, Esq. Firm: PA Human Relations commission



11:45 – 12:45pmLuNChEON

12:50 – 1:50pmGENERAL SESSION

Same Sex Marriage Ruling and Workplace Policieslegal protections continue to emerge for lesbian, gay, bisexual, and transgender (lGBt) employees. Employers seeking to create an inclusive workplace face a number of challenges. this training will provide an overview of recent legal developments impacting some employees, including the EEOc’s title Vii ruling on gender identity and the Supreme court’s marriage decisions. top compliance challenges for employers will be discussed along with workplace policies and practices that address needs and concerns specific to lGBt workers.

Speakers: John S. Stapleton Firm: Hangley, Aronchick, Segal, Pudlin & Schiller

louise F. Pongralz Firm: Willig, Williams & davidson

2:00 – 3:00pm The Ethics LawPublic officials are subject to the provisions of the State Ethics law which was enacted to strengthen the faith and confidence of state and local citizens in their government, and to ensure that the financial interests of holder of or nominees or candidates for public offices do not conflict with the public trust. Hear from the Ethics commission staff about the mandates of the Ethics Act and define potential conflicts of interest and situations that public officials and employees should avoid.

Speaker: Brian Jascin Firm: PA State Ethics commission

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Local Control of Your Utilities & Local DecisionsMany municipal officials seek to control utilities for their residents (some water, most sewers, some electric, one gas, and who knows about storm water). the single and most popular reason is to keep control and make local decisions at a local level to control rates locally. However, utilities are often regulated by other forces both federal and state and the game is always changing which creates uncertainty, risk, sunk costs, and an interruption in the wedded bliss and harmony of what we call inter-municipal agreements (iMA). learn what to look for when considering control through the owner-ship of municipal utilities in today’s ever changing environment.

Speaker: G. Bryan Salzmann, Esq. Firm: Salzmann Hughes, P.c.

3:05 – 4:05pm On The Border: Immigration Issueslearn how immigration can impact areas of municipal governments’ regulations including zoning ordinances (i.e. definition of family); translation of public documents; police response; and discrimination on national origin and the city of Hazleton federal decision.

Speaker: troy J. Mattes, Esq. Firm: law Offices of troy James Mattes P.c.

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Before you Hit Send: How Email and Social Media Can Get Public Officials in TroubleEmail and social media abuses can result in firings, political ramifications, and very bad press coverage for those involved. Employers should have a policy for acceptable email and social media use. does your municipality have one? Find out what all municipalities need to include in those policies to limit their liability.

Speakers: Patrick J. Harvey, Esq. & Michael d. Fabius, Esq. Firm: Ballard Spahr llP


Wednesday, August 26th

5:00 – 6:00pmRECEPTION

Complimentary Networking Reception

includes complimentary food and beverages.


D AY 2 Thursday, August 27th 8:00 – 8:30amREGISTRATION/CONTINENTAL BREAkfAST8:30 – 9:30amGENERAL SESSION

From the Bench: Employment Discrimination CasesGeneral Session Speakers: the Honorable Phillip A. Ayers (Retired) and carl Summerson, Esq., PA Human Relations commissionAs a former assistant counsel to the PA Human Relations commission, Judge Ayers presided over cases involving allegationsof discrimination based on age, sex, race, disability, and other protected classes. carl Summerson will provide attendees with a point of view from the hearing examiner.

9:35 – 10:35amThe Unthinkable — Emergency Powers & Declaring DisastersKatrina, Ebola, natural disasters — when an emergency affects your municipality, what rights and responsibilities determine a municipality’s response? can you mandate that employees report to work? Who is in control and how can you effectively deliver services in a time of crisis? While the circumstances of each emergency dictate a different response, the baseline is founded on what the municipal code permits and the goal of this session is to survey the powers set forth in the codes that permit a municipality to respond appropriately.


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D AY 2 , C o n t i n U E D Thursday, August 27th

The Safety Issues of Crude Oil by Railis the transportation of crude oil going through our towns as safe as it can be? the Fractracker Alliance will summarize concerns associated with rapid growth in the number of trains carrying large volumes of volatile crude oil through Pennsylvania’s densely populated communities. the presentation will share data and insights from mapping and train counting activities performed by the organization and others plus offer recommendations for addressing oil train risks.

Speaker: Brook lenker, Executive director Fractracker Alliance

10:40-11:40amNew Net Neutrality BattleBroadband internet Access Service (BiAS) is now a common carrier telecommunications service under title ii of the Federal law. this session will explain the technology, financial, and legal issues underlying the controversial “net neutrality” decision in laymen’s terms, why this decision is important, and address the role that the municipal broadband, broadband speeds, affordability, and content decisions at the Fcc may play to municipalities seeking to make sure that citizens have access to faster broadband and that they can afford to buy it.

Speaker: Joseph Witmer, Esq. Firm: legal Advisor to commissioner Gladys Brown, Public utility commission

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You Don’t Have the Right to Know That — Managing HIPAA and the EmployeeAlmost 20 years after the enactment of the Health insurance Portability and Accountability Act (HiPAA), misunderstandings still exit regarding the scope of its coverage and its impact on an employer’s right to know about the health condition of its own employee. What can an employer discover about an employee’s sick time? How can an employer determine whether or not an employee is actually returning to work after an injury or what their restrictions may be? discussions will include the manner in which employers can stay on the right side of employee privacy law while still getting the information they need to hold employees accountable.




11:45am – 12:45pmSolutions for the Right to Know Request Officerthis session will provide an update and answer any questions you may have regarding Right to Know requests. discussion will include a comprehensive review of the process of responding to requests and appeals before the Office of Open Records (OOR). common and not so common requested records and the OOR and commonwealth court’s positions regarding the public status of those records will be reviewed.

Speaker: Audrey Buglione, Esq.

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The Environmental Rights Amendment: What Every Municipal Official Needs to Knowdiscussion will include Article i, Section 27 of the PA constitution and the PA Supreme court’s landmark decision in Robinson twp. v. commonwealth of PA. How the decision impacts local government decision making and what local officials must know to comply with their newly clarified constitutional obligations.

Speaker: Jordan B. Yeager, Esq. Firm: curtin & Heefner, llP

12:50–1:50pm

LuNChEON

2:00–3:00pmThe Risks and Benefits of Bringing Your Own Device To the WorkplaceReal life examples will be used during this lively discussion to highlight the pros, the cons, the risks and the benefits of employees bringing their own devices to work. legal advice and practical tips will be presented for public sector employers who may be struggling with how to craft a BYOd policy that not only strikes the right tone with employees, but ensures compliance with the various labor, employment and Right to Know laws.

Speakers: Jennifer E. Will and Adam l. Santucci Firm: Mcneese, Wallace & nurick, llc

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A Path for Safety: Domestic Violence,Housing, and Act 200Act 200 was developed in response to the choice that local ordinances (often called nuisance, crime free, or disorderly property ordinances) present to victims of domestic violence. Victims must choose between calling the police for help against their abuser -and face eviction — or deny themselves police help. A lawsuit filed by the Aclu against norristown Borough brought the danger of these ordinances to light. now Act 200 shields residents, tenants, and landlords from penalties that may be assessed as a result of enforcement of an ordinance for contact with police for assistance to a victim of abuse, crime, or other emergency. this session will explore the intersection of domestic violence and housing insecurity as well as state and federal housing law protection.

Speaker: laurie l. Baughman, Senior Attorney Pennsylvania coalition Against domestic Violence


DATE & LOCATION: AuGuSt 26–27, 2015 | dAuPHin cOuntY

717-564-5511

www.sheratonharrisburghershey.com

Newly Renovated Property!

Sheraton harrisburg/hershey4650 lindle Road

Harrisburg, PA 17111

hOTEL RESERVATIONS fOR OuT Of TOWN ATTENDEES$115 per night plus taxes – this rate is guaranteed until August 6th. Book at https://www.starwoodmeeting.com/Book/PAMunicipal

or call 800-325-3535 (mention PA State Association of Boroughs room block)


the early bird registration fee for this workshop is $250 per member and

$300 per non-member, which includes tuition, materials, lunch, and breaks for

both days and the networking reception on Wednesday evening.

to register, complete the form and return it to the Pennsylvania State

Association of Boroughs (PSAB). Registration checks should be made payable

to ‘PSAB’ and mailed along with the registration form to:

PSAB, 2941 north Front Street, Harrisburg, PA 17110

Registrations will be accepted on a first-come, first-served basis. Please try to

register at least two weeks prior to the workshop to guarantee that your name

will appear on the registration list. Walk-ins are accepted on a space-available

basis. Substitutions are permitted without notice. to verify course registration

or for more information, please call PSAB at 800-232-7722, Ext. 1042.

Cancellations & Refunds: cancellations received less than 10 working days

before the session are subject to a $150 penalty. Requests for refunds should

be received at least three working days prior to the start of the course so the

space can be made available to others. Participants will forfeit registration fee

if less than three days notice.

Accessibility and Other Needs: All training will be held at AdA accessible

locations. Please use the accessibility needs line on the registration form to

indicate alternate format, sign language requirements, or any other needs

you might have.


REGiStRAtiOn inFORMAtiOnPENNSYLVA

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REGiStER OnlinE! www.classes.boroughs.org


TO REGISTER: www.boroughs.org Early bird discount! Register by July 1st and get last year’s rates. ($250 per per-son for members, $300 for non-members, additional tEAM member $200)

Please print the information requested. You may copy this form as needed.

PA MuniciPAl lEGAl uPdAtE REGiStRAtiOn FORM

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nAME POSitiOn titlE

AddRESS MuniciPAlitY cOuntY

citY, StAtE, ZiP cOdE dAYtiME PHOnE

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AccESSiBilitY & OtHER nEEdS

REGISTRATION fEE:August 26–27/ Dauphin County❑ $250 per member (includes tuition, materials, lunch and break) by July 1st

❑ $275 per member (includes tuition, materials, lunch and break) after July 1st

❑ $300 per non-member (includes tuition, materials, lunch and break) by July 1st

❑ $325 per non-member (includes tuition, materials, lunch and break) after July 1st

❑ $75 for 11 clE credits (add the additional fee for clE credit hours)

SPECIAL RATEMembers of The Employment Alliance of Municipalities (TEAM)❑ FREE tEAM Member — One per Municipality❑ $225 Each Additional tEAM Member

Register and pay online at www.classes.boroughs.org— or —

Please make check payable and mail to: Pennsylvania State Association of Boroughs2941 north Front Street, Harrisburg, PA 17110

— or —Fax registrations to 717-236-8164

QuESTIONS? for questions about the PA Municipal Legal update, contact Terri Dickow at [email protected] or 800-232-7722, Ext. 1042.

hOTEL RESERVATIONS fOR OuT Of TOWN ATTENDEES$115 per night plus taxes – this rate is guaranteed until August 6th. Book athttps://www.starwoodmeeting.com/Book/PAMunicipal or call 800-325-3535 (mention PA State Association of Boroughs room block).

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AIO PENNSYLVANIA STATE N O ASSOCIATION OF …boroughs.org/ckfinder/...LegalUpdateProgramBklt(1).pdf · and situations that public officials and employees ... risk, sunk costs, and