JANUARY 2015 PSATS News Bulletin

A MONTHLY NEWSLETTER CONTAINING THE LATEST Wolf Takes Office, Makes Appointments INFORMATION th ON LEGISLATION On January 20, Gov. was sworn in as ’s 47 governor and AND NEWS OF outlined several priorities, including jobs, education, and a functioning government that INTEREST TO restores trust. He emphasized the need to work together on the many issues confronting TOWNSHIPS Pennsylvania. One of the first challenges Wolf will face is a $2.3 billion deficit for the current fiscal year identified by his Budget Deficit and Fiscal Stabilization Task Force. In addition, the governor will be crafting his 2015-2016 budget proposal, which is expected to be unveiled in early March. Gov. Tom Wolf will Gov. Tom Wolf has also announced numerous appointments for his administration. soon be crafting his , partner with Ahmad, Zaffarese, & Smyler, will lead his Office of General Counsel. Barry Schoch, current secretary of the state Department of Transportation, will 2015-2016 budget move into the Office of the Governor as temporary senior advisor on transportation and infrastructure. proposal, which is In addition, here are Wolf’s nominations for the secretaries and directors of the departments and agencies that interact with townships. Nominees are subject to Senate expected to be confirmation. unveiled in  Department of Agriculture: , former Secretary of Agriculture from 2009 to 2011. early March.  Department of Community and Economic Development: Dennis M. Davin, director of Allegheny County Economic Development.  Department of Conservation and Natural Resources: , former deputy secretary of Conservation and Technical Service, DCNR.  Department of Environmental Protection: John Quigley, former Secretary of Conservation and Natural Resources.  Department of General Services: , current Georgetown University head of purchasing and contract functions.  Department of Labor and Industry: , former state representative.  Department of Transportation: , current Montgomery County commissioner.  Office of the Budget: Randy Albright, current Democratic executive director of the Pennsylvania Senate Appropriations Committee.  Office of the State Fire Commissioner: Timothy Solobay, former state senator. PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS  Pennsylvania Emergency Management Agency: Richard D. Flinn Jr., current

4855 WOODLAND DRIVE deputy director of operations at the Federal Emergency Management Agency and ENOLA, PA 17025 former deputy director for operations at PEMA. TELEPHONE: (717) 763-0930 FAX: (717) 763-9732  Pennsylvania State Police: Colonel Marcus L. Brown, current superintendent of www.psats.org the Maryland State Police. For more information about the nominees, visit www.pa.gov. PSATS

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rd Be Sure to Attend PSATS 93 Annual Conference If you haven’t registered yet for PSATS’ 93rd Annual Educational Conference and Trade Show, there’s still time. There’s still time And if you don’t register, here’s what you’ll be missing:

to register for  Close to 100 workshops on topics of interest to a wide range of townships;  Three and a half days of networking with your peers from across the PSATS’ 93rd Annual commonwealth;

 Access to the largest municipal exhibit show in the state; Educational Conference  An opportunity to meet with state legislators; & Trade Show and  A voice in shaping your Association’s policies; and  Engaging, informative speakers. take advantage of The registration process this year consists of two parts: nearly 100 workshops, Part 1: Go to conference.psats.org, register your township attendees and guests, and note if they need lodging. Also, sign up for various events during the conference. networking, and Part 2: Make your room reservations when you receive the booking links from PSATS in February. the municipal PSATS is encouraging every township to register online. It’s easy, fast, and saves you money! exhibit show. Want to learn more about the conference? Go to www.psats.org and choose “Annual Conference” and then “PSATS’ 2015 Annual Educational Conference.” If you have questions about or issues with registration, please call PSATS at (717) 763- 0930, Ext. 189. We hope to see you this year at the Annual Conference!

State Capitol Roundup

General Assembly begins 2015-2016 legislative session — The Pennsylvania General Assembly convened January 6 for the official start of the 2015-2016 legislative session. Both chambers elected leaders and named committee chairs. Rep. Mike Turzai (R- Allegheny) was elected to his first term as Speaker of the House. On the Senate side, Sen. Joe Scarnati (R-Jefferson) was unanimously elected President Pro Tempore for a fifth term.

Legislative priorities are expected to focus on the budget proposal for 2015-2016,

which Gov. Tom Wolf will present in early March, and pension reform. Whether the state

should enact a severance tax on natural tax extraction, and if so, where these revenues will

go, is another major issue expected to be debated in the coming months.

PSATS will continue to fight for the preservation of impact revenues that are benefiting townships across the state. In addition, PSATS will continue to urge legislators to make commonsense reforms by authorizing electronic advertising as an alternative to published legal advertisements, enacting meaningful changes to the Right-to-Know Law to decrease the financial burden on townships, furthering progress on prevailing wage reforms, and considering much-needed changes to the binding arbitration process. Pileggi designated Senate Local Government Committee chair — Sen. Dominic Pileggi (R-Chester and Delaware) has been appointed chair of the Senate Local Government Committee. Thomas McGarrigle (R-Chester and Delaware) will serve as vice chair, and Rob Teplitz (D-Dauphin and Perry) will serve as minority chair. 2/ JANUARY 2015 Following are the committee members: Michele Brooks (R-Crawford, Erie, Mercer, and

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Warren); John H. Eichelberger Jr. (R-Blair, Cumberland, Franklin, Fulton, and Huntingdon); Lloyd Smucker (R-Lancaster); Elder Vogel Jr. (R-Beaver, Butler, and Lawrence); John Blake (D- Lackawanna, Luzerne, and Monroe); Jay Costa (D-Allegheny); and John Yudichak (D-Carbon and Luzerne). Rep. Kate Harper, Harper to chair House Local Government Committee — Rep. Kate Harper (R- a former Lower Montgomery), a former Lower Gwynedd Township supervisor for more than a decade, has been named chair of the House Local Government Committee for the second straight

Gwynedd Township session. Rep. Robert Freeman (D- Northampton) will serve another session as minority chair. Following are the committee members: Matthew D. Bradford (D-Montgomery);

supervisor, Madeleine Dean (D-Montgomery); Frank Farina (D-Lackawanna); Frank Farry (R-Bucks);

Mindy Fee (R-Lancaster); Ed Gainey (D-Allegheny); Keith J. Greiner (R-Lancaster); Rich Irvin

will chair the House (R-Centre, Huntingdon, Mifflin); R. Lee James (R-Butler and Venango); Sid Michaels Kavulich

Local Government (D-Lackawanna); Patty Kim (D-Dauphin); Tim Mahoney (D-Fayette and Somerset); David M. Maloney Sr. (R-Berks); John D. McGinnis (R-Blair); Daniel T. McNeill (D-Lehigh); Brett R. Committee. Miller (R-Lancaster); Jack Rader Jr. (R-Monroe); Tommy Sankey (R-Cambria and Clearfield); James R. Santora (R-Delaware); Tarah Toohil (R-Luzerne); Ryan Warner (R-Fayette and Westmoreland); Jeff C. Wheeland (R-Lycoming); and David H. Zimmerman (R-Lancaster). Note: To find your legislators’ committee assignments, go to www.legis.state.pa.us, select either the House or Senate tab, and then click on “Committees” and “Listed by Committee Assignments.” Battle brewing over Office of Open Records appointment, removal — In January, Gov. Tom Corbett appointed Erik Arneson to be the new executive director for the state Office of Open Records. He replaces Terry Mutchler, who is now working in the private sector. Arneson worked for Sen. Dominic Pileggi as communications and policy director and was deeply involved in the creation of Pennsylvania’s Right-to-Know Law. However, on his second day in office, Gov. Tom Wolf removed Arneson from the position and appointed Nathan Byerly as acting executive director until a nationwide search can be conducted to fill the position. Arneson is arguing that the executive director cannot be removed by the governor because of the independent nature of the office. He has filed suit in Commonwealth Court. PSATS executive director responds to pension report — In January, PSATS Executive Director David Sanko released a statewide op-ed in response to comments by Auditor General Eugene DePasquale, who claimed recently that there is a widespread municipal pension crisis. Instead, the data shows that the majority of municipal pensions are adequately funded, and the issues are limited to a handful of local governments whose retirement programs have been under water for some time, primarily due to the cost of state-mandated benefits for municipal police and firefighters. Meanwhile, the commonwealth is facing a snowballing pension bill, expected to mushroom from $52 billion today to more than $65 billion by 2021 to cover retirement benefits promised to more than 800,000 state and public school employees. The state’s pension crisis did not happen overnight nor will it be solved overnight. To view the op-ed, log onto www.psats.org and look under “Newsroom” and then “Op-eds.”

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Purely Public Charities Legislation Moves Forward Senate Bill 4 (PN 168) would amend the Pennsylvania Constitution* to establish the PSATS is concerned General Assembly as the exclusive entity to establish uniform standards and qualifications for an institution to be a purely public charity. The Senate Finance Committee voted to that SB 4 could report SB 4 out of committee on January 22. The bill is currently before the Senate for consideration. make it more PSATS is on record opposing this legislation due to concerns with fairness and uniformity, as well as forcing communities to raise taxes on the remaining taxpayers if a difficult for charity is not required to pay in-lieu-of tax payments or if the state does not provide a local governments reimbursement for lost local tax revenues. In addition, PSATS is concerned that SB 4 could make it more difficult for local governments to challenge the tax-exempt status of a purely to challenge the public charity. The Senate Finance Committee plans to hold hearings on the Purely Public Charity Act tax-exempt status (Act 55 of 1997) early this year, and PSATS plans to testify. If your township has dealt with this issue and has any comments or examples, including whether a particular entity was of a purely public considered a “purely public charity,” please contact Holly Fishel, PSATS director of charity. research and policy development, at (717) 763-0930, Ext. 138, or [email protected]. *Note: Amendments to the Pennsylvania Constitution must first pass the General Assembly during two consecutive legislative sessions and then be approved by Pennsylvania’s voters as a statewide referendum. Identical legislation passed the General Assembly as Pamphlet Laws Resolution 2 of 2013. Passage in the current session will lead to a ballot question in an upcoming election.

Townships Reminded of New Gun Law Act 192 of 2014 clarified that municipalities are strictly prohibited from regulating firearms and ammunition. It also provides a method for those affected by an unlawful ordinance or regulation to seek relief and damages, including attorney’s fees, expert witness fees, court costs, and compensation for loss of income. The law grants standing to any of the following individuals or organizations to bring an action against an unlawful ordinance or regulation: any resident of the commonwealth who may legally possess a firearm under federal and state law; any person who otherwise has standing pursuant to the laws of the commonwealth; and any membership organization in which such a person is a member. Act 192 took effect January 5, 2015. Since Act 192 took effect, a number of municipalities with firearms-related ordinances have been approached by groups asking for certain provisions to be repealed and threatening litigation if the provisions remain in place. As such, many townships are in the process of revising their ordinances. If your township receives such a notice, please discuss this issue with your solicitor immediately. Philadelphia, Pittsburgh, and Lancaster have filed suit in Commonwealth Court to have the law overturned and are claiming that the legislation was passed improperly.

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PSATS Offers Learning at Lunch Webinars PSATS’ Learning at Lunch Webinars are tailored specifically for township officials Public Safety for and employees and focus on a variety of important topics. To learn more or register for Roundabouts will any of the following, go to www.psats.org and choose “PSATS Workshops and Webinars” under “Training” or call the Association at (717) 763-0930. include a comparison  Public Safety for Roundabouts — February 11 — This webinar will include an overview of PennDOT’s approach to incorporating roundabouts into its statewide of roundabouts to safety initiatives, a detailed discussion of the safety performance of roundabouts (including Highway Safety Manual crash modification factors), a comparison of other intersections roundabouts to other intersections, and the potential pros and cons for emergency and the potential responders. Eligible for 1 PMGA credit.  How Email and Social Media Can Get Municipal Managers, Elected pros and cons for Officials, and Employees in Trouble — February 25 — During this interactive webinar, presenters will discuss practical lessons to be learned from recent scandals emergency for electronic usage policies, training, and Right-to-Know Law issues. Examples of how email and social media abuse can result in bad press and liability will be responders. reviewed. Attendees will also learn best practices.  Analyzing the Numbers: What Gov. Wolf’s 2015-2016 State Budget Means to Your Community — March 10 — This free PSATS members-only webinar will be hosted by the Association’s legislative staff, who will help you understand the proposal, which will be unveiled March 3, and its impact on local governments. To register, log onto www.psats.org and choose “Training” and then “Members Only Training.”  How to Prepare a Robust Emergency Communication System — March 25 — This webinar is sponsored by the Township Emergency Management Association and will help township supervisors, emergency management coordinators, township managers, and other personnel involved in disaster response activities understand the importance of regularly evaluating existing emergency communications abilities. Attendees will also learn how to expand current coverage by including new technologies and other alternate communications systems. Eligible for 1 PMGA credit. Each webinar will be held from noon to 1:30 p.m. The cost is $30 for PSATS members and $40 for nonmembers.

PMGA Introduction Course Slated The PMGA Introduction Course will be offered March 3 at the PSATS Educational Center in Enola, Cumberland County. This course will familiarize attendees with the many facets of local government. Highly interactive, the session is structured around a series of scenarios, presenting attendees with an opportunity to improve their problem-solving, communications, and leadership skills during challenging situations. Attending this introduction course is mandatory for all PMGA participants and is a prerequisite for all other academy courses. Four PMGA credits will be awarded. The registration fee for this full-day class is $125. To learn more or enroll in PMGA, go to www.psats.org and choose “PSATS 5/ JANUARY 2015 Municipal Government Academy” or call the Association at (717) 763-0930.

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This and That… The 2014 Survey of Be sure to check this section each month, where you will find important reminders and information about upcoming events. Financial Condition  Municipal separate storm sewer system permit training sessions slated — The state Department of Environmental Protection is inviting municipal managers, public officials form must be and engineers to attend free training sessions designed to help local governments comply with water pollution control requirements for municipal separate storm sewer systems submitted by (MS4s). The following sessions will focus on the basics of MS4 permit compliance: February 11  February 10 — Central Hotel and Conference Center, Harrisburg  February 12 — The Woodlands Inn, Wilkes-Barre to ensure that  February 18 — Holiday Inn, Morgantown  February 25 — Pittsburgh Marriott North, Cranberry Township townships receive The following sessions will emphasize additional requirements for MS4 permittees with TMDL Plan and Chesapeake Bay Pollutant Reduction Plan requirements: their state liquid fuels  March 17 — Holiday Inn Lansdale, Kulpsville  March 19 — Inn at Leola Village, Leola payments by  March 25 — The Woodlands Inn, Wilkes-Barre  April 1 — Pittsburgh Marriott North, Cranberry Township March 1. Space is limited and preregistration is required. To register, contact Joyce Rivers at Century Engineering, Inc., at (717) 901-7055 or at [email protected]. Deadline for registration is two weeks prior to the date of the session.  2014 Survey of Financial Condition must be filed by February 11 — The state Department of Community and Economic Development has announced that the 2014 Survey of Financial Condition form must be submitted by February 11, 2015, to ensure that townships receive their state liquid fuels payments by March 1, 2015. A late filing will result in delayed payment. Townships with questions should contact the Governor’s Center for Local Government Services toll-free at (888) 223-6837.  Townships encouraged to apply for Green Light-Go Grants — The Pennsylvania Department of Transportation is encouraging townships to apply for the second round of Green Light- Go funding by February 27, 2015. For the 2015-2016 fiscal year, up to $25 million will be allocated to municipalities for installing light-emitting diode technology, performing regional operations such as retiming, developing special event plans, and monitoring traffic signals, as well as upgrading traffic signals to the latest technologies. For more information, go to www.dot.state.pa.us/signals or call (717) 783-0333.  Coming soon: FEMA's SAFER grant opportunity — The Federal Emergency Management Agency has announced that it will accept applications for its Staffing for Adequate Fire and Emergency Response (SAFER) beginning February 9 and due by March 6, 2015. For more information, log onto www.fema.gov and chose “Plan, Prepare, and Mitigate” and then “Assistance to Firefighters Grants.”  Deadline for COSTARS salt contract is March 15 — Townships should be sure to sign up for next winter’s COSTARS road salt contract by March 15, 2015, by completing the program’s 2015-2016 Salt Participation Agreement. This year, the state Department of General Services will secure more than 1 million tons of salt for the state Department of Transportation and local governments. To learn more, go to the www.dgs.state.pa.us or call toll-free (866) 768-7827.

Find PSATS on Facebook at www.facebook.com/psats and follow us on Twitter @PSATS! 6/ JANUARY 2015