Local Government TV

Thursday, April 11, 2013

Plainfield Rescinds Memo Banning School Patrols

A good night for Kristin Harvey
At a rancorous and crowded meeting of about one hundred people last night, Plainfield Township Supervisors unanimously backtracked on a controversial "internal" memo that banned any police presence at Wind Gap Middle School. This March 28 memo, which was adopted and signed behind closed doors, allowed police at the school only during bus times, "and only if an officer is available," or "if County 911 calls them and it is an emergency." Any police officer who failed to comply could be suspended or dismissed. After getting an earful from angry parents, Supervisors unanimously reversed course and rescinded the memo, blaming the whole thing on miscommunication. But it's also clear that this Board, in addition to micromanaging the police, have very little understanding of the Sunshine Act.

Although scheduled for the Municipal Building, the meeting had to be moved to the Plainfield Township volunteer Fire Company as the crowd poured into the building.

A good night for Superintendent  Bill Haberl, too
Attorney and Wind Gap Middle School mother Kristin Harvey Kunsman took responsibility for leaking the memo to the press, claiming that Supervisors "deliberately decided to take this action and hide it from our eyes".

Supervisors were initially resentful that this memo had been leaked to the public. "We didn't want to do our dirty laundry in public," complained Chairman Randy Heard, who called the controversial directive a personnel matter.

Heard is incorrect. It is actually a policy decision to ban police patrols at Wind Gap Middle School, not a personnel matter. Under the Sunshine Act, Supervisors may meet in secrecy to discuss a specific employee, but this memo was no discussion of a specific staffer. Even if this was a personnel matter, any official action would have to be in an open meeting. Supervisors took official action by signing that memo in secret instead of during an open meeting. Their actions violated the Sunshine Act.

To make matters worse, a Township staffer took it upon herself to remove two months of meetings in which a police presence at the school was discussed. "That can be resolved," promised Supervisor Jane Mellert.

A bad night for Chairman Randy Heard 
Supervisors then tried to explain that routine patrols and walk throughs at the school were still permitted, drawing loud protests from numerous members of the audience who had copies of the memo.

"I wrote it, so don't tell me about it, lady! OK?" shouted Supervisor Glenn Borger to an unidentified person in the audience.

At another point, Supervisors contended that police officers are under a directive to stay away from certain areas within the Township. But they refused to say where.

"That's none of your business!" snapped Supervisor Borger.

Steve Hurni seeks divine guidance?
Supervisors use GPS devices on police cruisers to keep track of police movements, and Borger complained that cruisers have spent one to two hours at the school on 54 separate occasions.

Pen Argyl Area School District Superintendent William Haberl explained why. On one occasion, a teacher had a heart attack. On another, a student attempted suicide. He added that sometimes, officers eat lunch with students or do paperwork. Chief Dean Ceraul pointed out that a lockdown can take 1 1/2 hours.

"Just let the police do their job," stated an unidentified man seated next to Chief Ceraul. "I think you know you made a mistake. You just have to admit you made a mistake."

Exasperated, a frustrated Glenn Borger moved to rescind the memo that he himself had penned, and his motion was quickly seconded by Supervisor William Schmauder. But while that motion lay on the table, Supervisor Jane Mellert wanted to go into executive session (behind closed doors), and Chairman Heard agreed.

In addition to violating Robert's Rules of Order, Mellert's Motion violated the Snshine Act because she failed to state why she wanted an executive session/. So I entered an objection, which is permitted by the Act by anyone for a perceived violation. Mellert first stated it was to discuss litigation, but was unable to state any identifiable complaint. She then stated it was a personnel matter, but was unable to identify any specific person to be discussed.

Solicitor David Backenstoe resolved the objection by alone meeting with Mellert while the rest of the Board waited.

Once she returned, the Board voted unanimously to rescind a memo that itself was a violation of the Sunshine Act.

90 comments:

  1. They run their board like a bunch of keystone cops. They all need a lesson on the Sunshine Act and should have more respect for their residents, especially Mr. Borger.

    JOHN M

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  2. Thank you for coming to that meeting Bernie and calling them on the Executive Session...it was a perfect grand finale to all of the prior statements of the parents.

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  3. Losers in their own personal and work lives and they are running the Township and putting children at risk. They all should resign, the Plainfield Board that is.

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  4. Thank You Bernie for being there last night and calling out the board on the sunshine act.

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  5. This entire board should be fined according to the rule of law of the State of Pa. for what they did. These people need to learn the hard way what the Sunshine Law means and the penalty for ignoring it. Otherwise..this board will continue to do this again without fear of reprisals. What a group of ignorant representatives. Vote them all out!

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  6. Animosity at the root of this thing and distrust among the twsp.adm.and their police dept. and their relationship with the sch. district. A vicious circle of hard feelings and the people and children of the community are caught in the middle of it all.

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  7. Where is the internal leak at the township offices that this secret memo made it's way to the public? Who blew the whistle? I'm sure the board is asking themselves that very question as I type.

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  8. Wild Bill did what he had to do here and I applaud him for having the nerve to play chicken with this board and he picked his spot well.

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  9. Dean Ceraul should resign as police chief and run for supervisor as he and the police are obviously running the show anyway. Plainfield voters need to pay attention to this story or shame on you. This board is gutless and spineless and you voted for these idiots. Open your eyes and look at what you have allowed to happen with your own consent.

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  10. Steve Hurni is such a great guy

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  11. 65 Pa.C.S.A. § 713. Business transacted at unauthorized meeting void

    A legal challenge under this chapter shall be filed within 30 days from the date of a meeting which is open, or within 30
    days from the discovery of any action that occurred at a meeting which was not open.
    P.A Shunshine Act

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  12. HIRE A PROFESSIONAL MANAGER TO RUN THE TOWNSHIP.

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  13. 65 Pa.C.S.A. § 702. Legislative findings and declaration

    (a) Findings. � The General Assembly finds that the right of the public to be present at all meetings of agencies and to
    witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society.

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  14. So Plainfield Township has a supervisor that he promised Honesty and Integrity will be brought back to the board if he was elected.We have another one who was fired from another municipality and now she tries to blame Joyce for taking the notes off the web site. And if she stops to quick we will need a doctor to extract the other ones head from her you know what. So that leaves the chairman who is on a short leash, and the last one looks like he was scared to death of the people.Stay on top of this people it's your township.Thanks Kristen and Great coverage Bernie.

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  15. Embarassing times for the township. They need help and someone to guide them..that is very evident. You get what you pay for and they have been doing it on the cheap for decades. Admit you have no idea how to govern and hire a consultant at the very least to assess the damage and bring forth some options on how to deal with the lack of business acumen. Power to the people.

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  16. This was an overwhelming disaster for the township administration. A public flogging if you will and now they are beating a hasty retreat. Should be interesting at voting time. Will some intelligent folk step up to the plate and enter their names as write in candidates for the board seats that are coming open? If not..you'll see more and more of the same old crap.

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  17. Township board members are not too good at keeping things under their own hats when it pertains to their own personnel problems either. Worst kept secret in the Slate Belt area is that their police force is out of their control. This was a PR coup for their police chief and things will only deteriorate more from this point onward. It doesn't get any messier than this. Tail wagging this dog!

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  18. Won't Plainfield be turned into a sub-station under regionalization of Slate Belt police forces, thus losing personelle?

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  19. They have refused so far to be part of a regional group. Guess who wants no part of that?

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  20. I would imagine that would be the police officers themselves, who raise some concerns that are legitimate and some that are not. It's the same in Nazareth.

    But unknowingly, they make the case for regionalization. It makes more sense for them to be under the control of professionals who actually know something about public safety, as opposed to the Glenn Borgers of this world.

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  21. Regarding the criticism about the sunshine act, I'm no all knowing, but wasn't the memo a reinforcement of the policy that was debated publically back in August, and not followed by the employee?
    How does reinforcing a publically debated policy to an employee who was not following it violate the sunshine act?

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  22. Your assessment of your own understanding of the Sunshine Act is accurate. This "internal" memo established a policy. It reflects an official action,. It was decided in secret and not during an open meeting. Moreover, it is not a personnel matter. The Board acted in secrecy instead of transparently. In fact, the Board was all too willing to go into an executive session again last night, without bothering to state why. And in the middle of a motion.

    It is clear to me that your Board does not understand or follow the Sunshine Act, and perhaps that is one reason why there is so much miscommunication.

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  23. This seems like a job for the vigilantes who wear red berets, they are some tough SOB's.

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  24. Bernie are you going to report on the arrest of Ron Angles son on the gun firing and drug deal issue. He had a concealed weapon permit and shot at people according to the news. How do you feel about that? Do you have any more info?

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  25. Angle Jr. got "tricked" out of his money while buying drugs, got mad, and fired 2 shots.....police have determined. End of story?

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  26. Another casualty of the American drug culture. It is tragic and unfortunate. I take no pleasure in this or any other families misery. But for the Grace of God..it is my family. Go in peace..

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  27. mayor john brown wants a regional police force and recieved training to be head of it. They would handle this better!

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  28. It does speak to that specific issue..doesn't it? Nothing is fool proof but professional leadership is called for when public safety is the topic under discussion. Plainfield it seems does not interact well with other gov't agencies and entities. They are a breed apart or so it seems.

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  29. "The internal memo to my understanding reinforced a policy. The policy was determined in August, but why should facts matter?
    Everyone feels good now, hip-hip hooray."


    There was no determination in August to ban police from schools. That's what the internal memo does. t is an official action by all five members of the Bard, and violates the Sunshine Act.

    Stop feeling sorry for yourself and start following the law.

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  30. I don't think anyone until now has ever called on this twsp. board to run their business according to the rules of law. They have been flying by the seat of their pants for a very long time. They have been sent a message from the people to wise up and get their act together.

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  31. "Will some intelligent folk step up to the plate and enter their names as write in candidates for the board seats that are coming open?"

    It will never happen. The people that sit on these Boards, School Boards, County Council's are all idiots and losers in their personal and work lives. If they were satisfied in those lives, they would have no time for sitting on a Board. The best thing Plainfield can do to keep these cooks from the kitchen is to hire a full time professional MANAGER to run the place.

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  32. A manager can only do so much. Policy must be voted on by elected officals. You need both to be effective.

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  33. It is a thankless job and the pay stinks thus you have to appeal to peoples better natures and their intelligence. Civic responsibility is a virtue not a curse.

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  34. I don't think township supervisors should be deciding where police officers should or should not be on patrol. they are not professionals. I cover two other townships and can't think of any twnshp comm'r or supervisor who would get involved in something like that.

    I heard or read nothing that suggests to me that police officer are acting inappropriately. But if they are, and the Chief is unwilling to take remedial action, the remedy is to fire him. It is also time to consider police regionalization as a way to reduce costs while promoting a more efficient force. Finally, supervisors need to be much more transparent. I will try not to draw conclusions about them from only one meeting, but they certainly did not come off as a very good board. I know some of them and was very disappointed in them.

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  35. Fair statement Bernie.

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  36. Morning Bernie, just had a few minutes to catch up on this, does the state offer a township supervisors manual or code book as they do for Mayors, if the state does, therein are your rules and reg's. for governing. Carol

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  37. Does anyone know that the township supervisors hired a private investigator that is on disabilty from Palmer township to follow the police around? And that Mellert is trying to have the township spend $200,000 to study the little bushkill when her family has dumped sewer sludge on there fields for years . She is monster and has to go !

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  38. Well, I was disappointed with Jane, but don't think the supervisors are monsters. I think they mean well. I would like to know if they did hire a private investigator. Can you provide more detail?

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  39. Got love how Mellert's family got over a million dollars in farmland preservation money. The hard working taxpayers money that is . Gotta love how these political people are crooks and know where to get handouts .

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  40. It was in there meeting minutes a few months back.

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  41. It's a family farm . But she got her share and never did a thing on the farm. She's quite a puppet master and soon or later her colors will shine as they are beginning to shine . Your a smart man Bernie .

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  42. danial monek is the private eye they hired at a cost of $60 per hour . I think there is more going on here then meets the eye

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  43. With Police in Schools, More Children in Court System
    Erik Eckholm, The New York Times

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  44. The people of Plainfield have nobody to blame but themselves. You put these people in office for better or worse. Either run for political office yourselves or deal with it. You get what you pay for. Do your homework before you press the vote button next time. Heard is not the problem here. But the time is coming to make a stand and stand for something..anything but this.

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  45. The board is looking for a reason..any reason..to fire the chief of police and others for personnel issues. This was not the way to do it, obviously and now they have empowered the chief even more and he has public opinion on his side. Talk about screwing things up..this board is really inept.

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  46. I believe the chief serves at their pleasure and they can replace him if he is playing power games. But supervisors lack the professional expertise to dictate where police may or may not conduct patrols, even secretly.

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  47. For whatever reason..the board does not have the guts for the job at hand or to do what is legally required of them. They are way out of line dictating police patrols and this only reinforces the fact that they have no clue how to conduct themselves in a professional manner and within the laws of the State of Pa. They have embarassed themselves and the people they claim to represent.

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  48. If I remember didn't Jane use her key to the township building to file papers for a failed run for office back in 2003 and someone called her out on it . People in glass houses should not throw stones . And think Borger takes going postal to a new level .Lol

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  49. Glenn Borger's behavior at the meeting was inappropriate, to be sure. Franly, I was impressed by Schmauder, who immedately seconded Borger's motion. He sat there and listened, and immediately voted to correct a mistake. Heard was far too defensive, although I think he seems like a basically good guy. Jane Mellert was a big disappointment.

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  50. I think your right the boards has changed since Hurni and Mellert have come on the board and Borger appears as a crazy mountain man that cold snap at anytime , Schmauder seams to care and does not seem to be a follower. Heard seems like He's like Scmauder but a bit nervous to step out from the other board members views . Hurni well let's just say he is so far up one of his fellow supervisors rear that if she farts there may be a little Hurni gerbil that pops out of her rear .

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  51. http://www.topix.com/forum/city/pen-argyl-pa/T6DATU48705BL2CO4/p2

    Anyone else remember this? And we want these guys roaming our school halls. No one was ever held responsible for this except the taxpayer of Plainfield Township.

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  52. Let me get this straight. Because one cop is a pedophile, does that mean that children should be forced to steer clear of all police officers? By that reasoning, kids should not be going to school at all because, after all, every now and then there is a teacher who turns out to be a pedophile. You should keep them out of church, not let them play sports or basically do anything.

    Don't be silly.

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  53. No, not at all. I trust our police, but they were all hired by the same guy who failed us with officer young. Officer young never got the proper background check by chief ceraul. Why? Young was never qualified to be a cop. THAT 2007 board of Cerauls buddies never thought to call him on the table for it. Your friends can only help you for so long. Eventually they die off, get fired or don't get re-elected. Back scratching at the cost of the peoples tax $ has ended in Plainfield Township.

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  54. As I'v noted several times, if the Chief is exceeding his authority and involved in power plays with Supervisors, their remedy is to fire him or not renew his contract. But they should not inject themselves into matters they know nothing about. I personally don't think Glenn Borger or any other Supervisor is qualified to make public safety decisions. Another thing Supervisors should consider more seriously is regionalization of police forces.

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  55. If your employee's refuse to be drug tested because their supervisor refuses to be drug tested..you got a BIG problem.

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  56. I would agree that random drug testing should be SOP for anyone who carries a firearm.

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  57. Not here say..straight from a person who does not know the rules about confidential personnel matters.

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  58. There is a whole other level to this conflict but some know why this bizarre behavior by the board is ultimately happening.

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  59. If they are concerned about something wrong going on .why did they not have the Da office or state investigate why hire a fellow police officer that is out on disabilty to investigate our police ? Why was Mellert's relative asked to step down as road master? I think there is some shady shit going on here . I say fire all the cops and supervisor's and hire Ringley Brothers circus

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  60. These parents are being used as pawns by the chief and former supervisor as they try to hold on to the last shred of their power and status in the township. This isn't high school anymore boys, this is real life, time to grow up. Has any of these parents called a supervisor and talked directly with them before they called them idiots and losers? I bet not. They've been given the spin, especially the one put on over this internal memo, and are falling for it hook, line and sinker. In due time the truth will come out and the parents will see the light.
    Bernie, I like reading your stuff, you're usually spot-on. Don't fall for this charade too without getting to the facts before you get egg on your face.

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  61. Just sitting there, I could tell there was more than met the eye. I believe you when you claim there is a power stuggle. But I still have two points. 1. That memo was insane. 2. They need to follow the Sunshine Act.

    The bigger story is obviously the power struggle, and the Chief has to recognize that he is accountable to Supervisors. But make him accountable, not individual officers.

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  62. Re-read the INTERNAL memo. Do you think the Chief was verbally told the intent over and over and he just didn't listen? The memo comes out, poorly written, i agree, and it's spun. Police patrol outsides of buildings and property. In putting themselves in the buildings they can be potentially several long hallways filled with kids if an emergency call comes in. That is several minutes delay in response to a medical, burglary, fire or accident response. If they are outside patrolling the parking lot from their car they are immediately available to respond to an emergency. The SROs primary responsibility was INSIDE the school and he was not a primary responder. Final point, an intruder to the building MUST come in from the OUTSIDE!

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  63. Let me repeat that the memo, which should not have been internal bc it reflected an official action, is on its face insane. It has to be the nuttiest thing I've seen a township government do in recent years. I've read it several times.

    If there is a problem with the Chief, remove him and get someone else. That is the remedy.

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  64. Emergency response time was the Chief's trump card to keep a bloated force. Emergency response time is being ignored by the chief today to try to keep his power.
    Patrol the lot, do reports in the lot but no need to walk the halls. That is the schools jurisdiction.
    An SRO doesn't get radio calls from county about shootings.
    A municipal officer having lunch with the kids gets a call about a shooting and tell me how the school kids finish their day learning.
    As referenced in an earlier Express article, a NJ school has recognized this and asked police to no longer patrol the halls. They recognized their responsibility.

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  65. Now you are micromanging. If you graduated from a police academy and have degrees in criminal justice, fine. But I suspect that is not the case. Let the police do their job and you do yours.

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  66. These supervisors aren't as stupid as two people want the rest of the hysteria to believe. They've done their homework. Just ask them without a mob mentality, backed in a spun up corner.
    Time will bring truth and the truth will set us free.

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  67. Good discussion Bernie. Appreciate your responses and your opinion. Gotta sleep now.

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  68. I do not think the supervisors are stupid at all. It just was an ill-advised decision. We all make them all the time. It was a very good thing to see them swallow their pride and rescind the memo. That took courage.

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  69. Read the Aug 23 meeting minutes. The words in the memo seem strikingly identical to the policy discussion and motion made and approved. No sunshine act violation. Enforcement of policy already discussed ad nauseum, voted on and approved in public meeting.
    What am I missing here?

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  70. I read the minutes. The memo is a Sunshine Act violation. There was no discussion concerning police walk throughs or anything of that nature.

    http://www.minutepal.com/plainfieldtwp/files/1365793728.pdf

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  71. I would like to know why they hired a Private Eye why not call state police ? I think it's time we demand answers .

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  72. They seem like they like to piss taxpayer money away . Studying the little Bushkill for what reason ? Let the Dep study it or the sewer enforcement officer do his job . Why spend taxpayers money on this . I see a lawsuit coming on real quick here and we will need the money to defend the township . Like the last police chief and the former Mellert board . Didn't they fire Police chief Defranco and he had health issues . It seems to be Plainfield supervisors want to be police officers . I say disband the force and let the state police handle it then we can have all the break ins like upper mt.bethel .

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  73. I read the memo again and here is what I see. Tell me if you see it too.
    Taken word for word from the memo; Chief Ceraul “was instructed to only have an officer at the Wind Gap Middle School during bus times and only if an officer was available. The only other times an officer should be at the WGMS is if county 911 calls them and it is an emergency.”
    Then, “these instructions will be obeyed by the Chief and all officers.”
    The single argument is the word “only”. Is this a case of the Clinton “It depends on what the definition of 'is' is.”

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  74. The words of the instructions are on paper in the August minutes.
    “The Board is not talking about taking Officer Long away. They would still want him to be around when students are dropped off and picked up at the busses at the school.”
    “Motion was made by Vice-Chairman, Glenn Borger and seconded by Steve Hurni to remove the School Resource Officer’s position effective tonight and if there is an emergency at the school, they still have the option to call for help”
    “The school still has the ability to call an officer when needed.”
    I’d like to hear the recorded proceedings before I jumped to the conclusion that this is a sunshine law violation. Or did someone delete those too? Rather convenient the specific minutes got deleted, don’t you think? Who directed the secretary to remove them, a supervisor or a power player?

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  75. If removing 40 hrs of free police coverage from the school was the intent and the chief thumbed his nose at them and put police, including himself in the school a reported 20+ hours, then the memo is just a reinforcement that the supervisors are serious when they say the chief works for them, and if the residents of Plainfield Township don’t like the way they manage the chief, they can speak by voting each supervisor out.

    Seems to me based on the above, the supervisors are actually gutless, not courageous in rescinding the internal memo. Stand on your convictions (no pun intended), that’s what the Plainfield residents (NOT the Wind Gap or Pen Argyl residents) elected you to do.

    Spun like a top.

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  76. Some call it micro maniging, others call it holding people accountable to the taxpayers. Keep it up supervisors!

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  77. The entire board are gutless wimps. The chief is wagging the dog and now has them over a political barrel with this PR coup. Brilliant piece of work by him and the school district. What a bunch of chumps are these supervisors.

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  78. Keep it up? You approve of violations of State laws? Are you nuts? You have been breathing the fumes from the dump for way too long!

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  79. This is what happens when you try to fix something yourself and you f it up royally. Do the right thing Plainfield and do it professionally. Have some courage and conviction.

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  80. You guys don't get it. Nothing in those 8/23 minutes authorized that memo. If it was authorized, why rescind it?

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  81. I respectfully disagree. The memo doesn’t need to be authorized in public session according to the Sunshine Acts own words.
    65 Pa.C.S.A. § 708. Executive sessions
    a) Purpose. An agency may hold an executive session for one or more of the following reasons:
    (1) To discuss any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of performance, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the agency, or former public officer or employee, provided, however, that the individual employees or appointees whose rights could be adversely affected may request, in writing, that the matter or matters be discussed at an open meeting…

    The supervisors were obviously handling a disciplinary decision to enforce (not decide) a policy that was decided in an open meeting. This easily qualifies to be done in Executive Session. “Terms and conditions of employment”, “disciplining of any specific prospective public officer or employee”, etc. No Sunshine Law violation. You can’t make public motion and discussion on discipline matters unless the subject of those matters expressly requests it

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  82. They obviously were not. They enacted a policy in secret and contemplated no disciplinary action against any employee. If the executive session were for personnel, as you claim, the personnel affected had to be notified and would have a right to be present and would even have a right to have it in the open. You do not know what you're talking about, but think you do, and that is how these problems arise.

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  83. What policy was enacted in private? they voted to not keep paying for an officer in the school except for bus duty and emergency. Supervisors set budget and determine how many hours to fund for police. Read past minutes of budget setting and the debate that went on.

    So then, how do you enforce a policy that was voted on in public meeting? Just keep talking about it in the next public meeting? I'm serious, how does it get done except to have the chief sign a paper that he understands his bosses August instruction so that he can be held accountable? I'm willing to learn here. Enlighten me. Just fire him, is that what you would do?

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  84. The policy enacted in private was to completely ban a police presence at a school except for busing and emergencies, and only then if called in by 911. It is the nuttiest thing you could have done, and the fact that you don't see that is an indication that some supervisors are completely clueless.

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  85. Obviously the board has let the situation reach critical mass because they are gutless. Only one notice is required..after that you start doling out suspensions and if need be fire people. They do have that right but choose to do things ass backwards. Grow a pair.

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  86. Still want to know the deal going on with chief and super. Why only WG. Why not protect my kid at Plainfield elem? Even chief says in Aug mins that he thinks school should pay. Who are they paying?

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  87. I think some supervisors should rescind themselves from the board . They are bullies of the worst kind . political bullies ,and have personal agendas they are trying fill. I think Mellert is looking for a job for a payed job in Plainfield townships office . Mark my words . This lady scares me as well as Hurni and his insurance and investment buddies . Didn't Borgers son get a DUI in the township . I think we are starting to see why this pattern is developing here . There is a agenda here wake up .

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