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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

PROGRAM

11 cBO credit Hours11 cle credit Hours(1 ethics and 10 Substantive)

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www.boroughs.org | Pennsylvania State Association of Boroughs

| 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 provides 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)

PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS

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.

See Shelley Houk regarding cle credits or terri dickow about cBO credits. information is available at the registration table.

As a paid attendee you will receive a password to access materials online. Materials will be on www.boroughs.org under “training”.

www.boroughs.org | Pennsylvania State Association of Boroughs | PAge 3

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)•ResearchAssistance•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 BReAkfAst ....................................................Commonwealth Foyer

8:30 – 9:30amGeneRAL sessiOn ....................................Salon A

General session speaker: the Honorable Judge John e. Jones, iiiJudge Jones will speak about recent Supreme court cases to watch and why. He will also discuss the ruling that made same-sex marriage legal in PA.

9:35 – 10:35amWhat Is Cyber Risk Insurance & Should Your Municipality Have It? .................... Salon Bcyber 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.

speaker: 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 Century ........................................................Salon CDEthe 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

10:40 – 11:40am Police Liability: Use of Force .............................. Salon BPolice 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 Policies ..................................Salon CDEdid 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 local government commission



11:45 – 12:45pmLunCheOn..............................................................................Salon A

12:50 – 1:50pmGeneRAL sessiOn

Same Sex Marriage Ruling and Workplace Policies ................................................ Salon Alegal 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, esq. Firm: Hangley Aronchick Segal Pudlin & Schiller louise F. (Wendy) Pongracz, esq. and Ryan Allen Hancock, esq. Firm: Willig, Williams & davidson

2:00 – 3:00pm The Ethics Law ........................................................ Salon BPublic 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: Robin Hittie, esq., chief counsel Firm: PA State ethics commission

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Local Control of Your Utilities & Local Decisions ..................................................Salon CDEMany 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 Issues ................. Salon Blearn 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 Trouble .............Salon CDEemail 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 – 6:00pmComplimentary Networking Reception

commonwealth Foyer

includes food and beverages.

Sponsored By:


D AY 2 Thursday, August 27th 8:00 – 8:30amReGistRAtiOn/COntinentAL BReAkfAst8:30 – 9:30amGeneRAL sessiOn

From the Bench: Employment Discrimination Cases ......................................................................Salon AGeneral session speakers: the Honorable Phillip A. Ayers (Retired) and Kathy Morrison, esq., chief counsel, PA Human Relations commissionAs a former assistant counsel to the PA Human Relations commission (HRc), Judge Ayers will share his experiences of presiding over cases involving allegations of discrimination based on age, sex, race, disability, and other protected classes. Kathy Morrison will provide attendees with a viewpoint from the HRc, with her 30 years of litigation experience.

9:35 – 10:35amThe Unthinkable — Emergency Powers & Declaring Disasters .............................................Salon BKatrina, 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.



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

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The Safety Issues of Crude Oil by Rail ...... Salon CDEis 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 Firm: Fractracker Alliance

10:40-11:40amNew Net Neutrality Battle .................................Salon BBroadband 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 Employee ......... Salon CDEAlmost 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 Officer ....................................................Salon Bthis 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., Assistant general counsel Firm: School district of Philadelphia

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The Environmental Rights Amendment: What Every Municipal Official Needs to Know ............. Salon CDEdiscussion 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 ................................................................................Salon A

2:00–3:00pmThe Risks and Benefits of Bringing Your Own Device To the Workplace ................................................Salon BReal 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, esq. and Adam l. Santucci, esq. Firm: Mcnees Wallace & nurick llc

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A Path for Safety: Domestic Violence,Housing, and Act 200 .................................. Salon CDEAct 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, esq., Senior Attorney Firm: Pennsylvania coalition Against domestic Violence


Coming inJanuary 2016

Newly-Elected Municipal Officials

Boot Camp

Congratulations on your election. Now what?This interactive two-day course is designed to give you an understanding of the basics of your position while providing an overview of local government in your community.

Learn more about:• The Municipal Codes• Labor and Personnel Issues• Parliamentary Procedure• Setting the Agenda• Executive Sessions• Roles of the Mayor and Council• Budgeting• Ethics• So much more

Are you a more experienced leader? This course is also designed as a refresher that will help you understand new challenges, laws, and regulations that can impact your community.

Dates and locations across PA in January and February!

Get ahead of the learning curve. Visit www.boroughs.org for locations, dates, and other information coming soon or contact Terri Dickow at [email protected]. Ask about group discounts.

• Roles of the Mayor and Council

PENNSYLVA

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SAVE YOUR SEATFOR THESE

PSAB eVentS!

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fall Leadership ConferenceOct. 16–18, 2015Seven Springs Mountain Resort

newly-elected Municipal Officials (neMO) trainingJanuary–February 2016dates and locations throughout PA

PsAB Annual ConferenceJune 5–8, 2016Hershey lodge & convention center

PA Municipal Legal updateAug. 10–11, 2016Sheraton Harrisburg/Hershey

Visit www.boroughs.org for more information.

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