While correspondence has most likely been received from various state associations recommending municipal responses to the novel coronavirus (known as COVID-19), we thought it was important to pass along some legal considerations you may want to think about as you navigate through this uncertain time.

Cases of COVID-19 have appeared in southeastern Pennsylvania. In an effort to control the spread of this virus, Governor Wolf signed a Proclamation of Disaster Emergency on March 6, 2020, paving the way for certain assistance from state agencies. This Proclamation urges:

the governing bodies and executive officers of all political subdivisions affected by this emergency to act as necessary to meet the current exigencies as legally authorized under this Proclamation, namely, by the employment of temporary workers, by the rental of equipment, and by entering into such contracts and agreements as may be required to meet the emergency, all without regard to those time consuming procedures and formalities normally prescribed by law, mandatory constitutional requirements excepted.

As we move forward in our collective effort to maintain order in our municipalities, while balancing the safety of our elected officials, employees, and citizens, here are a few things to keep in mind:

• Every municipality (and municipal authority) should make sure it has ready and available copies of any applicable emergency management and continuity-of-operations plans. These plans should be reviewed to ensure familiarity and understanding prior to their implementation.
• Every municipality (and municipal authority) should develop protocols for determining when, if, and how public meetings will occur. Certain types of municipalities are statutorily required to meet a certain number of times each year; thus, you should consider how these meetings will proceed (i.e. in person, via teleconference, etc.). Of course, public participation in these meetings must be addressed.
• Every municipality (and municipal authority) should be aware of the statutory exceptions applicable to municipalities relating to contracts, purchasing, and personnel in the case of an emergency, as well as how they are to be implemented (i.e. is a disaster declaration necessary?).
• Every municipality (and municipal authority) should recognize that statutory deadlines, such as those contained in the Municipalities Planning Code or the Federal Telecommunications Act, for hearings and decisions, may not be automatically tolled during an emergency. It may be beneficial to begin conversations with applicants to discuss extensions to such deadlines, if necessary.
• Every municipality (and municipal authority) should remember that the Sunshine Act may permit certain emergency preparedness discussions to occur in executive session. Specifically, municipal officials may discuss emergency preparedness if disclosure of such discussions would be reasonably likely to jeopardize or threaten public safety, preparedness, or public protection.

While it may seem a bit premature to begin thinking about these issues, it’s always best to be prepared. It may be appropriate to begin conversations with your Staff and Boards to determine what, if anything, your municipality should be doing to ensure the health and safety of our communities. We are prepared to help you through this uncertain time with any assistance you may require. If there is anything that our office can do to assist in this process, please don’t hesitate to let us know.

William R. Christman III
Email:  bchristman@lambmcerlane.com
Phone: 610-701-3271

William “Bill” Christman is an associate with the firm. Bill concentrates his practice in municipal law, election law and litigation.  He specifically focuses on municipal, land use, property tax, administrative, finance and election law.