Employment Law Update by Christopher P. Gerber, Esquire and D. Addison Murray, Esquire Management of Personnel Files Every Pennsylvania employer should be aware that the management of employee personnel files is governed by the Personnel Files Act. Relevant portions of the statute are set forth below: Who is an “Employee?” The following definitions are taken…
In the wake of recent events, which have spurred protests, riots, and an apparent loss of confidence in law enforcement, it is critical for local elected officials to take immediate action to ensure that police services are provided in accordance with the United States Constitution and federal and state law. In an arena that involves…
Charting A Course to Restore Local Government Operations As we look ahead to re-opening Pennsylvania during a protracted fight against the coronavirus, local governments should implement a strategic plan designed to optimize safe and efficient public services while protecting the health of municipal employees. This effort requires a careful balancing of individual liberty and privacy…
Siana Law 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…
On 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…
The 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…
Every 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…
When 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…
On September 21, 2017, Siana Law attorney, Christopher Gerber, presented a police risk management training course entitled, Bullet Proof Defense on behalf of the Chester County Department of Emergency Services. The course covered the fundamentals of civil rights lawsuits filed against municipalities, their chiefs of police and other command staff involving claims arising under the…
On October 13, 2016, Christopher P. Gerber and Sheryl L. Brown, partners of Siana Law, together with Robert Tanenbaum, Ph.D, of the Institute of Forensic Psychology, presented a training session to the Police Chiefs Association of Montgomery County, Pennsylvania entitled “CODE BLUE: Legal and Medical Implications of Mental Fitness Examinations.” The program offered chiefs of…