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A municipality or school district that is issuing debt (referred to herein as an “issuer”) needs to employ legal counsel to assist it with the debt issuance process. There are several legal roles in a bond issuance, two of which involve representing the issuer.  To begin with, the issuer already has its regular solicitor who serves as the issuer’s general counsel on a wide range of legal issues, such as labor matters, bidding and contracts, land development, and litigation.  When an issuer decides to issue debt to finance or refinance a capital project, it should also retain a special counsel, known as bond counsel, to assist both the issuer and its solicitor with the debt issuance process.  Bond counsel firms specialize in the legal aspects of debt issuance, including tax law, securities law, and state statutory law.…
Continue Reading The Relationship of Bond Counsel and Solicitor in a Bond Issue

On May 26, 2020 Representative Rob Freeman (Democrat – Northampton County) introduced House Bill 2548 in the Pennsylvania General Assembly, to provide a temporary reprieve to municipalities enrolled in Pennsylvania’s Municipal Financial Recovery Program. Mr. Freeman is the minority chair of the House Local Government Committee, the committee to which the bill was referred for consideration.…
Continue Reading COVID-19 Related Extension Proposed for Pennsylvania Municipal Financial Recovery Program

Attending public meetings is a big part of any municipal law practitioner’s routine, and, if I’m being honest, one of my favorite parts of my job. Before the COVID-19 pandemic, members of my group, myself included, frequently attended County, township and borough meetings. While I understand that a township board of supervisors meeting might not be everyone’s idea of a fun Thursday night, I like watching government at work. In today’s world, how many spaces exist where citizens can engage directly with their elected officials?…
Continue Reading Public Meetings in Pajama Pants

With the onslaught of negative economic news related to the ongoing coronavirus crisis, many municipalities are scrambling to determine the impact of the pandemic on, among other things, their finances. Many may be staring down unbudgeted expenses related to this public health emergency, while at the same time anticipating substantial deficits due to drop-offs in real estate and income tax collections.…
Continue Reading Tax Anticipation Notes: A Short-Term Cure for the Coronavirus Budget Deficit?

On March 30, 2020, President Donald Trump declared that a major disaster exists in the Commonwealth of Pennsylvania (the “Commonwealth”) and ordered Federal assistance to supplement Commonwealth and local recovery efforts in the areas affected by the Coronavirus Disease 2019 (“COVID-19”) pandemic beginning on January 20, 2020, and continuing.  This declaration follows Governor Tom Wolf’s…

Collectively, Pennsylvania has more than 2,500 counties, townships, boroughs and cities, each of which is required to comply with Pennsylvania’s Sunshine Act (the “Act”).  The Act requires agencies to deliberate and take official action on agency business in an open and public meeting.  An “agency” is any state or local government body and all sub-units…

As you have undoubtedly heard, the coronavirus, or COVID-19, has made its way to the Commonwealth of Pennsylvania.  This influenza-like virus was first identified in Wuhan, China, in December 2019, and has since spread to more than 100 countries, including the United States.

In January 2020, the World Health Organization (the “WHO”) and the Centers…

A bill to amend Pennsylvania’s Sunshine Act has passed the House last month and is now awaiting action in the Senate. House Bill 1069, sponsored by Representative Aaron Bernstine, would amend the Sunshine Act to require government agencies, including school boards, county commissioners and local governments, to post agendas 24 hours prior to voting meetings.…

On November 7, 2019, Governor Tom Wolf signed into law Acts 80, 81 and 82 of 2019, streamlining the process by which municipalities approve intergovernmental cooperation agreements, as well as making other changes to encourage the use of such agreements.

Act 80 amends the Intergovernmental Cooperation Law, 53 Pa. C.S. § 2301, to permit the…