Police officers facing a multitude of potential civil claims every time they put on a uniform can now add another to the list: fabrication of evidence. While malicious prosecution and Fourteenth Amendment Substantive Due Process claims have long been a concern for any police officer whose arrest or investigation results in a criminal conviction, the…
DetailsWhile Facebook and other forms of social media can be great vehicles for municipalities to communicate with residents (read: free), they also create a legal minefield ripe with First Amendment traps. Depending on how they are structured, social media can either be the one-way vehicle that munis expect or, with open public commenting/postings, can be…
DetailsChristopher P. Gerber, Esquire, is proud to participate in the 2019 Pennsylvania Bar Institute Municipal Law Colloquium on Friday, June 7, 2019 at the PBI Headquarters in Mechanicsburg, PA. Mr. Gerber will be presenting, “Use of Force Policies, Police Misconduct/Discipline & Body Cams” alongside Mr. James Gavin, Esquire from 10:10 am – 11:10 am.
DetailsSiana Bellwoar recognizes Christopher P. Gerber, Esquire for his article, Police Departments and Medical Marijuana Usage, which is featured in the June 2019 Issue of the Pennsylvania State Association of Borough’s (PSAB) Borough News Magazine. Read the full article here:
Siana Bellwoar attorneys, Michael G. Crotty, Eric M. Brown and Sheryl L. Brown attended the April 2019 Pennsylvania State Association of Township Supervisors (PSATS) Annual Educational Conference in Hershey, PA. They presented a variety of seminars that covered topics pertinent to municipal officials and employees, such as social media and the First Amendment. Read the…
DetailsSheryl L. Brown, Esquire had the honor of arguing before the Pennsylvania Supreme Court on April 9, 2019 to address an issue related to part-time police officers across the state. In a question certified to the Pennsylvania Supreme Court from the Third Circuit Court of Appeals, guidance was sought on whether the Police Tenure Act…
DetailsSiana Bellwoar recognizes Eric M. Brown, Esquire for his article, Commonwealth Court Reverses Zoning Hearing Board Decision, which was recently featured in the March 2019 Issue of PSAB‘s Borough News Magazine. Read the full article here: Eric’s Bio | Areas of Practice | Contact Us All rights reserved. This publication may not be reproduced without…
DetailsOn November 6, 2018, the United States Supreme Court held that the definition of “employer” under the Age Discrimination in Employment Act of 1967 (ADEA) includes all state and local governments regardless of their size. In Mount Lemmon Fire Dist. v. Guido 139 S. Ct. 22 (2018), two fire fighters, ages 46 and 54, sued…
DetailsSiana Bellwoar is proud to welcome Associate Attorney, Anthony DelGrosso to the firm. Originally from Blair County, PA, Mr. DelGrosso is a 2013 graduate of the University of Pittsburgh School of Law and earned a Bachelor of Arts in Political Science from Shippensburg University in 2010. Mr. DelGrosso has “always enjoyed helping others navigate complicated…
DetailsThe Commonwealth Court recently issued a ruling that emphasized the importance of statutory drafting when it comes to Zoning Ordinances. In Hoefling v. ZHB of Monroe Township, the Court held that because the Township’s Zoning Ordinance did not expressly prohibit short-term rental of the entire property, such rentals are permissible. (1437 C.D. 2017). The property…
DetailsEffective organizations – be it a championship caliber sports team or a successful corporation – know that a foundation of discipline, which fosters morale and a sense of camaraderie, can be the difference between success and failure. The same lessons can be applied to police forces. The effectiveness of police departments in fulfilling their public…
DetailsOn January 16, 2019, Eric M. Brown and Michael G. Crotty of Siana Bellwoar, presented a webinar on Ethics and Zoning to more than 45 participants from across the Commonwealth as part of the Penn State Extension Spring 2019 Land Use series. Participants received AICP maintenance credits for attending. The webinar series assists municipal elected…
DetailsIn a time when schools are asking more and more of their students, families – and now courts – are beginning to ask more of schools. Before delving into specifics, it is necessary to provide brief background on the Individuals with Disabilities Act. Under the Individuals with Disabilities Act (IDEA), states receive federal funds to…
DetailsWith the close of the year, so too ends the PA Legislature’s 2017-2018 term. Sifting through the thousands of bills introduced over the past year, the lingering question remains: what did they pass?! While municipalities will need to continue to push for more reform in the upcoming 2019-2020 session, below is a summary of several…
DetailsSiana Bellwoar recognizes Christopher P. Gerber, Esquire and Michael G. Crotty, Esquire for their recent feature in the December 2018 Issue of PSATS’ Township News article, Managing Risk – Awareness and an Emphasis on Safety Can Keep Your Township From Becoming a Liability Target by Amy Bobb, Assistant Editor. In the article, Mr. Gerber and Mr. Crotty…
DetailsSiana Bellwoar is seeking qualified candidates for the following positions. Associate Attorney – Municipal Law Chester County law firm with municipal practice seeks Associate Attorney with a minimum of 4 years of municipal experience. Candidates must be licensed in Pennsylvania and possess excellent writing and analytical skills. Experience representing municipalities is required. Salary is commensurate…
DetailsSiana Bellwoar proudly recognizes Sheryl L. Brown, Esquire for her lead story on Pennsylvania’s new drone law, featured in the December 2018 Issue of PSAB’s (Pennyslvania State Association of Boroughs) Borough News Magazine. Read the full article here: Happy Flying? What Your Borough Should Know About Drones Sheryl’s Bio | Areas of Practice | Contact…
DetailsThe Commonwealth Court recently reversed a local zoning hearing board’s decision to grant a variance on the basis that the landowner who sought the variance did not meet the legal standard governing variances. In Salahub v. North Cornwall Township Zoning Hearing Board, No. 1322 C.D. 2017 (Pa. Cmwlth. 2018), a landowner operating a golf course…
DetailsOn October 12, 2018, Governor Wolf signed into effect Act 78 which not only established criminal offenses for the unlawful use of a drone (“unmanned aircraft”), with noted exceptions, but also provided a preemption of local drone ordinances. Does your municipality have an already established “drone” ordinance? If so, it may now be preempted by…
DetailsSiana Bellwoar is proud to welcome Associate Attorney, Gregory Hennessy to the firm. Originally from Harrisburg, PA, Mr. Hennessy developed an interest in law while studying business in college. “I became very interested in human resources and employment related matters. After working in a human resources department I decided to pursue my law degree.” During…
DetailsSiana Bellwoar recognizes attorney Eric M. Brown, Esquire for his feature in the November 2018 issue of PSATS (Pennsylvania State Association of Township Supervisors) PA Township News. Mr. Brown was recently interviewed for an article that discusses pension trends and strategies municipalities may be able to apply to improve pension plan funding. “Meet with your…
DetailsOn October 3, 2018, Sheryl L. Brown, Esquire and Christopher P. Gerber, Esquire presented the webinar, Hot Topics in Police Management, on behalf of the Pennsylvania State Association of Township Supervisors (“PSATS”). The webinar included insightful information and recommended best practices pertaining to effective police department management, internal affairs investigations and liability that can arise…
DetailsOn Saturday, October 20th, Siana Bellwoar attorneys Mike Crotty and Carolyn Flynn (together with their families) participated in the Wallace Trust “Run for the Woods” 5k at Wagenseller Park in Glenmoore, PA. It was crisp fall morning, ideal for running the parks, trails and rolling hills in the Township. Mike and Carolyn made the firm…
DetailsAttorneys at Siana Bellwoar were successful in defeating a plaintiff’s state created danger claim asserted against a local municipality stemming from a police chief’s motor vehicle accident. The Third Circuit Court of Appeals affirmed the District court’s dismissal of a Complaint brought against the township, it’s supervisors and police chief. The history of the claim…
DetailsSiana Bellwoar recognizes attorney Eric M. Brown, Esquire for his recently published article in the October 2018 issue of PSAB‘s Borough News Magazine. His featured article breaks down the best practices for developing an effective social media policy for municipal employers. Read the full article provided by PSAB below: Full Article on Social Media by…
DetailsSiana Bellwoar attorneys Michael G. Crotty and Christopher P. Gerber are proud to participate in the 59th Annual Pennsylvania Association of Municipal Administrators (PAMA) Conference, August 12th – 15th at the Desmond Hotel in Malvern, PA. They look forward to presenting on the following topics* on Tuesday, August 14th, 2018: 2018 Trends in Municipal Law 10:35…
DetailsPennsylvania enacted legislation in 2016 for the lawful use of medical marijuana. (Medical Marijuana Act, 35 Pa.C.S.A. 1023.101 et seq.) (“the Act”). While the Act permits certain forms of medical marijuana to be dispensed, starting August 1, 2018, patients may qualify to use dry leaf medical marijuana. This change comes as Governor Wolf released a…
DetailsOn June 27, 2018, in the decision of Janus v. American Federation of State, County, and Municipal Employees, Council 31, the United States Supreme Court held that an Illinois law that forces public employees to contribute an agency fee (also known as a “fair share” fee) if they choose not to join a union it…
DetailsTwo articles by Siana Bellwoar attorneys Christopher P. Gerber, Esquire and Brian C. Conley, Esquire, each of which address pertinent issues for local municipalities and law enforcement, were recently featured in the June and July issues of the Pennsylvania State Association of Boroughs (PSAB), Borough News Magazine. Read the full articles provided by PSAB below:…
DetailsThe Pennsylvania Commonwealth Court recently emphasized to developers and municipalities the need to properly justify waivers from provisions of a subdivision and land development ordinance (SALDO) during the land development process. In Lake MacLeod Homeowners’ Association, Inc. v. Pine Township Board of Supervisors and Cavalier Partners, LP, the Court sided with the objectors by holding…
DetailsSiana Bellwoar Partner, Michael G. Crotty, Esquire is teaming up with the Pennsylvania State Association of Boroughs (PSAB) to present two webinars on the following topics this fall: Zoning and Joint Zoning Considerations to Promote Sustainable Communities Wednesday, September 6, 2018 12 pm – 1:00 pm What Every Municipality Should Know about Insurance Coverage Wednesday,…
DetailsOn April 24, 2018, Sherry Brown, Esquire presented a training session at the Pennsylvania State Association of Township Officials (“PSATS”) Spring 2018 Educational Conference titled: The Wiretap Act, Police Body Cams, and the Right-to-Know Law. The session focused on Act 22 of 2017, which amended the Pennsylvania Wiretap Law to open the door for law enforcement…
DetailsIn April, 2018, Sherry Brown, Esquire was pleased to present a program to the Montgomery County Bar Association, Real Estate Committee titled: It’s a Bird, It’s a Plane.. no Wait, it’s a Drone? During the course of the presentation, issues such as federal regulations for recreational, commercial and government use were addressed along with potential…
DetailsChristopher P. Gerber, Esquire presented a training session entitled, Police Liability: Operational and Personnel Issues, at the Spring 2018 Annual Conference of the Pennsylvania State Association of Township Supervisors (“PSATS”). The purpose of the program was to raise awareness among elected officials, managers, chiefs of police and solicitors regarding personnel and operational issues that result in costly litigation and…
DetailsBeginning on Monday April 23, 2018, Siana Bellwoar Partners, Michael G. Crotty, Eric M. Brown, Christopher P. Gerber and Sheryl L. Brown will attend the 2018 PSATS Annual Educational Conference in Hershey, PA. Our partners look forward leading the following seminars on five different topics at this year’s conference. Read on to learn more about…
DetailsSince anyone can remember, Pennsylvania’s Sunshine Act (“The Act”) has been the battleground for advocates of transparency in local government. The Act, with its allowances for executive sessions, seeks to balance transparency against the demands for confidentiality. But what about when deliberations take place behind closed doors? Otherwise known as a Smith fact-finding session –…
DetailsSiana Bellwoar proudly recognizes attorneys Andrew J. Bellwoar, Esquire and Jonathan P. Riba, Esquire for their recently featured article, Executive Sessions, What You Need to Know in the March 2018 issue of PSAB’s Borough News Magazine. Read the full article here: Exec sessions All rights reserved. This publication may not be reproduced without the express written permission of Siana…
DetailsOn February 21, 2018, Christopher P. Gerber, Esquire presented a webinar entitled, Proper Supervision of Municipal Police Departments on behalf of the Pennsylvania State Association of Boroughs. The purpose of the webinar was to raise awareness among elected officials, managers, chiefs of police and solicitors regarding their roles in properly managing municipal police departments; to provide a…
DetailsOn February 14, 2018, Siana Bellwoar Partner, Eric M. Brown, Esquire discussed social media usage by municipalities during a live webinar presented by Strafford Publications. He identified best management practices to consider when developing social media policies; the parameters within which a municipal employer may regulate the social media conduct of public employees both on…
DetailsIn the wake of white nationalist protests and counter-protests across the nation, protesters and public safety officials should understand what speech is protected by the First Amendment and what speech constitutes criminal activity. What speech is protected? The U.S. Constitution’s First Amendment protects free speech broadly. It generally prevents police officers from limiting public speech…
DetailsSiana Bellwoar is proud to welcome Associate Attorney, Thomas J. Grant, to the Firm. To learn more about this outstanding new member of our team, read Mr. Grant’s bio and introduction below. Meet Tom Originally born in Presque Isle, Maine, Mr. Grant grew up in the Kutztown area of Berks County, PA. He was inspired…
DetailsSiana Bellwoar recognizes partner, Eric M. Brown, Esquire, for his recent publication in the January 2018 issue of the Pennsylvania State Association of Boroughs’ Borough News Magazine. Read the full article here: Hiring Policies, A Checklist for Success in Your Borough Read Eric’s Bio |…
DetailsSiana Bellwoar proudly recognizes partners, Christopher P. Gerber, Esquire and Michael G. Crotty, Esquire for their recently featured article, The Right to Know Law and the Sunshine Act, Balancing Transparency and Confidentiality in Local Government in the December 2017 issue of PSAB’s Borough News Magazine. Read the full article here: The Right to Know Law and…
DetailsThe First Amendment and Governmental Entities The First Amendment poses a special concern to governmental entities seeking to regulate comments and messages made by both the general public as well as public employees on social media platforms. These entities should identify the governmental interest(s) in support of any limitations the policy imposes on the…
DetailsIt has been an eventful year for municipal land use. Here are a few of the highlights (or lowlights, depending on your perspective): The pipelines are coming! 2017 may very well be the year of the pipeline in Pennsylvania. With the Legislature grappling over whether to tax them and with ongoing legal battles on the…
DetailsEvery employer should adopt a social media policy to govern employee use of both business and personal social media platforms. The importance of such policies has been highlighted by recent stories in news concerning the conduct of employees on social media, which show that even good employees sometimes post unprofessional or offensive comments. Prompt action…
DetailsWith the end of the year around the corner, here are a few tips and reminders for getting the ball rolling for 2018. Org Meeting In 2018, the statutory Organization Meeting for both Townships and Boroughs must be held on Tuesday January 2nd (as the first Monday falls on a holiday). In addition to authorizing…
DetailsOn Saturday, October 21st, Siana Bellwoar attorneys Tom McAndrew, Mike Crotty and Bob Tucker participated in the first-ever Wallace Trust “Run for the Woods” 5k at Springton Manor Farm in Glenmoore, PA. Tom, Mike and Bob blazed through the bucolic course, each placing in their respective age categories. “The run was a great family event,…
DetailsMike’s Bio | Municipal Law | Contact the Firm On Saturday, October 14, 2017 Siana Bellwoar partner, Michael G. Crotty, Esquire discussed trends in zoning and land use before over 90 attendees at the Pennsylvania State Association of Boroughs’ Annual Fall Leadership Conference at the Kalahari Resort in Pocono Manor, PA. Mr. Crotty covered a diverse…
DetailsWhen hiring, it is important to establish a hiring process and follow it. This is the lesson a western Pennsylvania municipality learned when its decision to hire a new Police Chief was challenged by an unsuccessful candidate for the position. After completing an external job search, the municipality hired from within, promoting a woman as the…
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