NorCo Council Votes 6-3 to Override McClure Veto of Ordinance Designed to Hamstring Exec Zrinski

At a hastily called "special" meeting of Northampton County Council last night, members voted 6-3 to override the veto of an ordinance that intrudes upon incoming Executive Tara Zrinski's ability to get things done, i.e. administer. It appears to be a last-minute effort to hamstring her by a lame duck Council. She is being punished for Lamont McClure's sins. In addition to being substantively flawed, the ordinance that was vetoed by outgoing Exec Lamont McClure was adopted in violation of both the Sunshine Act and Robert's Rules, as I explained in a post on Wednesday. 

Voting to override were Council members Lori Vargo Heffner, Tom Giovanni, John Brown, John Goffredo, Jeff Corpora and Ron Heckman. Four of these members will be off County Council at the end of this month.  Voting against the override were Council members Ken Kraft, Jeff Warren and Kelly Keegan. 

Before the vote, McClure outlined the reasons for his veto, including his argument that the ordinance was adopted in violation of recent changes to the Sunshine Act. The ordinance in question had been tabled for four months. Under Robert's Rules an indefinitely table matter dies unless it is removed from the table at the next meeting. In fact, when this matter was first brought up, County Council Solicitor Chris Spadoni said it had to be readvertised but quickly shut up when Vargo Heffner complained it had already been advertised once.  

Last night, Spadoni was no better. After McClure explained precisely why the ordinance was adopted in violation of the Sunshine Act, Spadoni's sole legal response was "I disagree."

Last night was Spadoni's last as Council's solicitor. 

When a new Council convenes in January, I suspect the very first item of business will be the repeal of this substantively and procedurally flawed ordinance. 

If County Council wants to administer the county, then they should seek a Home Rule Charter study and revert back to the Commissioner form of ogvernment. Then they can micromanage to their heart's content. 

NorCo Exec Vetoes Ordinance That Tramples Executive Power; Violates Sunshine Act and Robert's Rules

Northampton County Council may have thought that it conducted its last meeting of the year on December 11, but it looks like it will be meeting again on Thursday night.  A special meeting has been called for the express purpose of overriding McClure's veto of an ordinance adopted on December 4 that appears to have been adopted unlawfully. 

When NorCo Council met on December 4, it had a packed agenda. This included a vote on budget amendments, the budget itself, the millage rate and several related resolutions. Though that should be more than enough business for one meeting, Council President Lori Vargo Heffner wanted to reconsider a proposed ordinance that was previously tabled by Council by a 9-0 vote on August 7, nearly four months before. 

When this proposed ordinance was tabled, it was tabled indefinitely, not to a specific date. Under Robert's Rules, when an item is tabled indefinitely, it dies. If Vargo-Heffner wanted to consider it again, she would need to re-introduce as a new ordinance, and a public hearing would be needed. 

This was the point made by soon-to-be Judge Jeremy Clark at an Easton City Council meeting on December 10 concerning an unrelated ordinance that had been tabled several months before. "If the matter is not addressed by the next meeting, the matter technically dies and then it must be re-introduced and voted on again."

This procedural rule prevents some Council members from blindsiding others, including the public, concerning a matter that everyone thought had been put to bed. It's a matter of basic fairness.   

I suspect that Vargo-Heffner wanted to get this ordinance adopted now because the incoming County Council would hesitate before hamstringing incoming Executive Zrinski. 

In addition to violating Robert's Rules. the resurrection of this dead ordinance also violates the Sunshine Act.  Northampton County Council must publish an agenda for an upcoming meeting 24 hours in advance. This item was missing from the published agenda. It could be added, but Council is required at the onset of the meeting to vote and approve changing the agenda. That never happened. 

In a veto message dated December 11, McClure points out yet another potential Sunshine Act violation. The ordinance requires that the Council President can appoint as many members as she wishes to a committee that evaluates bids. This is an invitation to back-room meetings instead of conducting business in a public spotlight. 

McClure also called the ordinance, which injects County Council into procurement, an impermissible encroachment into the Executive's power to administer county government as set forth in Article IX of the Home Rule Charter. While I strongly support a tight rein on the executive branch, packing evaluation committees behind closed doors with part-time Council members will make county government more unwieldy and present more opportunities for mischief. This goes far beyond legislation and oversight and makes Council members mini-Executives. 

Council member Ken Kraft argued that the now nontabled ordinance, which was "wordsmithed" to include far more Council involvement in the procurement process than in the original proposal, should be advertised before a vote is taken. He also said Council is "overreaching" and that Vargo Heffner is micro-managing. "You're getting in the way," he said. "You're tripping over nickels to save pennies."

Council member Kelly Keegan said she should have had 24 hours' notice and is right because that's what the Sunshine Act requires. 

In the end, Count Council voted for the change in procurement with only Keegan voting No. I have problems with it substantively but am more troubled that it was adopted both in violation of the Sunshine Act and Robert's Rules. 

NorCo Council Ponders, and Dismisses, Limits on Public Comment

Last September, after listening to three hours of public comment, Northampton County Council member Lori Vargo Heffner tried unsuccessfully to put the brakes on the public's right to speak. She got nowhere, and for good reason. The First Amendment specifically provides that the "people" have the "right" "to petition the Government for a redress of grievances."  And under the Sunshine Act, either residents or taxpayers must be afforded a "reasonable opportunity" "to comment on matters of concern." Anyone who buys a gallon of gas or cup of coffee in the county is a taxpayer.  Whether "the matters of concern" are agenda items is irrelevant. That's why they're there. It's their job to listen, and the rest of County Council was wary of muzzling the public. I thought that was the end of it, but she's at it again. At the April 18 Governance Commitee that she happens to chair, Vargo-Heffner once again has suggested some gags on the public's right to speak. 

Vargo-Heffner claimed to be worried about what has happened in Bethlehem and Easton, where pro-Palestinian sympathizers were demanding that both city councils adopt cease-fire resolutions. Things did get out of hand in Bethlehem, but that's only because Council both misled these sympathizers and President Michael Colon was completely unable to control the meeting. They never reached that point in Easton despite Council member Taiba Sultana's efforts to wind everyone up. That's because Mayor Sal Panto was able to let people speak while maintaining control. 

Current policy limits public speakers to five minutes, and Vargo-Heffner suggested more restrictions. 

Council member Jeff Warren, who previously served on both Easton City Council and as a Hanover Tp Supervisor, was less than enthusiastic at limiting the public's right to speak. "I personally like how loose it is right now. ... I honestly don't see there being a problem. ... I want folks to be heard."

Council members Ron Heckman and Kelly Keegan both said they'd approve a change that postponed public comment on nonagenda items until the end of a meeting. 

Council member John Goffredo was leery of making any changes. "We're very open, whoever wants to speak on any topic and I think it should remain the same. I don't think I'm in favor of adding another public comments section at the end of the meeting just because then you're almost inviting people to come and speak about things that are off topic." He, like Jeff Warren, believes that Council should have the latitude to let members of the public speak longer than five minutes. 

Given the lack of enthusiasm for any change, Vargo-Heffner put her muzzle away. 

Coleman Wins Sunshine Act Victory in Commonwealth Court

A three-judge panel of Pennsylvania's Commonwealth Court has sided with Jarrett Coleman (now a State Senator) in his contention that Parkland School District violated Pennsylvania's Sunshine Act in 2021. It did so when it approved a collective bargaining agreement with its teachers' union without first giving the public 24 hours of advance notice. The school district did advertise the meeting and an agenda, but failed to include the agreement giving teachers a raise. 

"“Today’s decision is a huge victory for government transparency,” Senator Coleman said. “What this decision means is that the public has a right to have advance notice of actions its government will consider taking before every meeting.”

The Sunshine Act does permit agencies like Parkland School District to amend agendas, but only for emergencies and de minimis matters.

Coleman also asked the court to invalidate the agreement because of the violation, but the court noted that invalidating an official action for a Sunshine Act violation is discretionary, not automatic.

Coleman's lawsuit against Parkland was filed by Attorney J. Chadwick Schnee. Pennsylvania NewsMedia Association (PNA) also filed an amicus curiae brief in support of Coleman’s position.

Northampton County Blatherskites Worry About Public Comment

In recent years, Northampton County Council meetings have rarely gone longer than two hours. In fact, Council President Kerry Myers and former President Lori Vargo Heffner have joked with each other about who can conduct a quicker meeting. Unfortunately for them, they were forced to listen to nearly three hours of public comments at their last meeting from parents concerned about a doctor who allegedly misdiagnoses child abuse as well as union and nonunion contractors who had differing views about the responsible contractor ordinance. Now, Lori Vargo Heffner wants Council to review the public comments policy. 

Her timing is awful. It sends a message that the last think Council members want to know is what members of the public actually think. In fact, I received this Facebook message yesterday from a local resident: "Guess they feel the need to silence people speaking out about important issues."  

I doubt that is Vargo Heffner's intention. If her goal is to formalize an unwritten policy that gives each speaker five minutes, that's a good idea. But the timing is still terrible. 

Although current Council members may think that its most recent meeting went on for too long, they are mistaken. Over the years, particularly at budget time, Council has had meetings that have gone until past 1 am.  Meetings that lasted four hours or more were the norm when Ron Angle was one of the nine overseers. It used to drive everyone, including his wife, nuts. 

The first time I met Sharon Angle was at one such meeting. She had been forced to drive Ron to the meeting because his leg was in a cast. She had reams and reams of magazines to review, but after a few hours, she began groaning and complaining, "Won't he ever shut up?"

"Excuse me, but who are you?"

"His wife." 

Council members never hesitate to blow their own horns during meetings with numerous committee reports, even though they are from committees that met that very day. Then there's the endless liaison reports. They have no rules of order, which means that members like Tara Zrinski can weigh in on one issue about 40 times before a vote. 

Pretty much every single one of them has, at one time or another, fit the definition of blatherskite (N. A person who talks at great length without making much sense). 

And they want to review public comment? 

The right of the public to speak at public meetings is enshrined in both The First Amendment and Pa. Sunshine Act. The First Amendment specifically provides that the "people" have the "right" "to petition the Government for a redress of grievances."  Under the Sunshine Act, either residents or taxpayers must be afforded a "reasonable opportunity" "to comment on matters of concern." Anyone who buys a gallon of gas or cup of coffee in the county is a taxpayer.  Moreover, whether the matter of concern is an agenda item is irrelevant. 

I'd agree that Council should formalize its public comment policy, but doing so right after hearing a number of heart-wrenching stories from members of the public is completely tone-deaf. Before they regulate public comment, they should regulate the blatherskites among them with rules of order. 

Why Allentown City Council Video Is Unavailable

The video from Allentown City Council's December 3 budget hearing is unavailable. There's no technical difficulty, but one segment of the meeting is pretty embarrassing. In a blatant violation of the Sunshine Act, Council members Candida Affa and Cynthia Mota huddled in the middle of a vote on whether to reduce the wage hike for nonunion employees from three per cent to two and a half. Assistant Solicitor Frances Fruwirth and Council President Roger MacLean said nothing as Affa and Mota whispered to each other in the middle of a public meeting like little school girls. It was an illegal executive session smack dab in the middle of a public meeting. Then MacLean joined in this chat. Then things got really bizarre.

MacLean pulled his seat back, and the heads of Affa and Mota kept getting lower and lower until it looked as though both of them were giving him oral sex.

"I feel like we're married," MacLean later said to Mota.

They all had a nice laugh. No one seemed to mind that the Sunshine act went out the window. Neither the Solicitor or the reporters covering this - whatever it was - objected.

It starts around 2:05:00 in the video and goes on for a good 90 seconds.

Updated 9:49: Thanks to Lewis Shupe for shooting this video.

The Same Ten People

Dana Grubb is a talented photographer, writer and speaker. He also takes an active interest in Bethlehem government, and certainly is one of  "the same ten people" who comments frequently at City Council meetings. The Bethlehem Press just published his editorial on the people who speak to power at municipal meetings. He learned recently that some members of City Council refer to them, pejoratively, as "STP," and then heard Council member Adam Waldron actually use the phrase. Dana describes these people.

Despite being met with blank stares, frowns and often dismissive attitudes, these residents return meeting after meeting to play a role and state their viewpoints, in an effort to get their points across to elected officials in the city.

“The they same 10 people?” Bethlehem is fortunate to have them, and so is council. They should be commended, not mocked, for the way they care about Bethlehem.

I cover lots of municipal meetings and many local governments do have "the same ten people." In most cases, elected officials will listen to and interact with citizens. Bethlehem City Council some years ago deluded itself into thinking that "courtesy of the floor" is something it must endure. Members do sit there, stone-faced, while citizens speak. I have said before that these elected officials should be able to interact with someone after his or her time is up. I believe the president could simply ask his colleagues if any member has any response or question.

Under the Pa. Sunshine Act, citizens have a statutory right "to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting.."

Here's what I would suggest.

First, No questions. Many people approach a Council or Commission with questions and expect immediate answers. They get angry if there is no answer or of it is one they dislike. There is no statutory right to ask questions and expect answers. Courtesy of the floor exists for comment, not to put elected officials on the spot.

Second, less is more. People resent being time-limited, but if you're unable to say what you need to say in a three-minute time limit, work on it and cut out the bullshit.

Third, try not to speak unless you really have something that adds to the conversation. When "the same ten people" weigh in all the time and on every topic, they are far less effective. Too many people are in love with the sound of their voice. 

Fourth, be prepared. Nothing bothers me more than when a person who knows nothing about a topic begins a rant.

Finally, every right has a corollary duty. The right to speak includes a corollary duty to listen. Yet I often see speakers who come in late and miss everyone else, or who leave after they have gifted us with their pearls of wisdom. It's rude to expect people to listen to you when you refuse to listen to them. (I do understand some older people need to leave and that's understandable.)

Ce-Ce's NIZ Degree

On Friday, I told you that, for Allentown School Director Ce-Ce Gerlach, it's all about Me-Me. While holding herself out publicly as a vocal critic of Allentown's Neighborhood Improvement  Zone (NIZ), she's managed to get a DeSales scholarship. It's funded, at least in part, by NIZ developer City Center Investment Corp (J.B. Reilly). Coincidence? I think not. Sell-out is the operative term. I have since learned that there's more to the story. Gerlach engaged in a conflict of interest last week in violation of the state Ethics Act. What is more, she participated in a Sunshine Act violation.

Allentown Mayor Edwin "Fed Ed" Pawlowski would be very proud.

Before I get into that, let me tell you a little about her scholarship to DeSales University. It is part of the ACCESS program, designed for people who are already in the workforce. Classes are held only one night per work, with the rest of the course work being done online. NIZ developer City Center Investment Corporation (J.B. Reilly) is footing part of the bill with table crumbs from at least $54 million in state taxes that has gone into its coffers. In fact, Me-Me is probably a lot cheaper than community organizer Alan Jennings, who relies on contributions from City Center for CACLV.

Alan admits he's a prostitute, but he's more expensive and has an ulterior motive. He's actually interested in the poor instead of himself.

There's another big difference, too. Unlike Me-Me, Jennings has no conflict of interest.

Under our state Ethics Act, a public official like Gerlach has a conflict of interest when she votes in a matter in which she has a private pecuniary interest.

This brings us to Allentown School District's lawsuit against the NIZ Board, challenging the tax exempt status of properties owned by the NIZ, but under which City Center [J.B. Reilly] runs a risk of being held liable if loans are not repaid. According to a Morning Call story by Matt Assad, the Allentown School Board had a back-room meeting last week in which it decided against appealing Judge Doug Reichley's opinion dismissing the lawsuit. School Board Solicitor John Freund, whose law firm represents the NIZ Authority, is obviously unable to file a suit on behalf of the school district. He is conflicted, so an outside gunslinger was hired. But amazingly, he conveniently advised the Board that it's time to fold and forget about an appeal in the very matter in which he is conflicted.

Having suddenly developed amnesia about his own conflict of interest, it's no surprise that Me-Me participated in the back room discussion and was all for dropping the appeal instead of recusing herself in a matter in which she has a pecuniary interest.

It gets better. This meeting in the back room is a Sunshine Act violation. A vote on ending the case needs to be made in an open meeting, not behind closed doors. A school board can certainly discuss litigation out of the public eye, but the votes need to be public.

So she got a scholarship. What's the big deal?

Ask State Senator Larry Farnese. He's just been indicted for offering scholarships to a political rival's daughter.

The feds call this bribery.

NorCo Council, Emails and the Sunshine Act

The following is an email I sent to all members of NorCo Council late yesterday:

Members of Council:

As most of you are aware, and as I am often reminded, I am a suspended lawyer unable to practice law. But I am a fervent believer of local government transparency and accountability. Your practice of engaging in regular email exchanges may run afoul of the Sunshine Act. I am alerting you to this possibility so that you do not cross the line. I am copying your own able Solicitor on this matter. To the extent he disagrees with me, I would urge you to disregard my rant.

In previous meetings, I have heard vague discussions about a daily email going out to Council, along with exchanges that were taking place online instead of at meetings. Late last week, I became aware of a series of emails exchanged over John Brown's appointment of an Acting Director of Community and Economic development. I have since filed a RTK, and the entire online conversation was produced immediately. Most of it is completely innocuous. But a few comments in these exchanges constitute deliberation. This can only occur in an open meeting.

Pennsylvania's Sunshine Act was adopted because "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." 65 Pa.C.S.A. § 702.

Bob Werner indicated in these email exchanges that he won't support an Acting Director Appointment. John Cusick stated he felt Council should approve the Acting Director by resolution. Ken Kraft said that such a vote would usurp the Executive's power to appoint an Acting Director. All of this is "deliberation."

The Sunshine Act defines "deliberation" as "discussion of agency business held for the purpose of making a decision." Id. § 703. The Act further provides, "Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public." Id. § 704.

I believe the practice of discussing Council business via a cyber back room crosses the line.

I do not believe that the discussion of the DCED Director, however, is a Sunshine Act violation.

The word "meeting," as defined in the Sunshine Act, requires a "prearranged gathering of a quorum." Id. § 703. This discussion appears to have been more spontaneous. Nevertheless, as more and more issues are discussed by a quorum in a cyber back room, they will in effect become prearranged gatherings of a quorum that violate both the spirit and letter of the law. I am asking you, therefore, to refrain from deliberating county issues online.

To be clear, there is absolutely nothing wrong with fact finding and sharing information of interest.

This issue did arise in Luzerne County in 2013, and the Pennsylvania NewsMedia Association reached the same conclusion as I. Council responded by posting all emails exchanged among them online.

I think that is overkill, and that most of you wish to follow the law.

How NorCo Council Evades Sunshine Act

Late last week, NorCo Council member Bob Werner sent this email to his fellow members of Northampton County Council.

For the record, I am opposed to recommending a replacement as acting director [due] to the fact that there has been little presence, if any, at our council or committee meetings and we have had little or no updates as to what has been accomplished or what the committee as a whole has done or is working on.
I respectfully requested the Economic team 's presence at our May 5th council meeting.and no one showed.
I am now requesting , with ample time in advance, to have all Economic team members at our next council meeting to [respond to] unanswered questions and concerns that still are open.

Actually, Werner's comments are not "for the record" at all. They are instead the technological equivalent of the back room meeting. He is deliberating, which is defined as the "discussion of agency business for the purpose of making a decision," but is doing so behind closed doors.

Pennsylvania's Sunshine Act clearly requires that "official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public."  

Instead of expressing his disdain for Northampton County's Department of Community and Economic Development in an open meeting, President John Cusick and other Council members are evading the law by conducting agency business via email. In fact, it could even be shielded from public disclosure under the Right to Know law as an "internal, predecisional deliberation."

Obviously, there is nothing improper about providing Council members with information or letting them know that you want a department to attend a meeting. Fact finding can also take place in private. But Werner's other points cross the line, and need to be said at an open meeting instead of through daily email chains in what certainly seem to be a pre-arranged cyber meetings.

When he was a member of council, Lamont McClure discouraged these cyber back rooms, out of the public eye. But Ken Kraft tells me that the new Council is ignoring this sage advice. During meetings, I have heard discussions of daily emails going back and forth. This practice may go on in Lehigh County as well.

It does result in short, pro forma meetings and very bad government.

Did NorCo Council Committees Violate the Sunshine Act?

roadblocks around courthouse

Yesterday, Northampton County Council's Personnel Committee was scheduled to meet at 4 pm. The Finance Committee was supposed to meet as soon as the Personnel Committee was finished. But the 1 pm bomb scare threw a monkey wrench into things, and really prevented people from getting into the courthouse. So in my view, these meetings needed to be postponed to comply with the Sunshine Act. They went on anyway.

When the courthouse was evacuated yesterday, roadblocks were set up along the perimeter of the courthouse, preventing access. These roadblocks were still up after the "all clear" had been given, though only for about ten minutes. I know this because I had left the courthouse and was unable to get through until about 4:10 pm.  The only reason I persisted is because I was told about he "all clear." But how many people who intended to visit one or both of these committees left?

Yesterday, the Finance Committee was reviewing $753,000 in hotel tax applications from nonprofits all throughout the county. My concern is that there may have been applicants who intended to pitch their projects but were unable to do so because they had been turned around.

I voiced these concerns to Council, and suggested the meeting be rescheduled. That suggestion fell on deaf years.

Obviously, applicants who made it to the meeting would have little sympathy for those who did not. But I expected better of Council.

Oxford educated Bridget George made an impassioned plea for additional funding for the Bach Choir, which receives 20,000 visitors every year from 33 different countries. Her funding had been cut in half from $20,000 to $10,000, and it appears that Council will restore it.

Hotel Bethlehem Managing Partner Bruce Haines was no less effective in his pitch for docents used by Historic Bethlehem in its downtown and at its smithy. The administration had proposed a $10,000 cut but Council appears to be ready to restore the $65,000 requested.

John Cusick had concerns about a grant by LV Arts Council, but no one was present from that group to pitch its small grant request.

You can see the hotel tax grant applications here.

Updated: NorCo Gov't By Consultant Behind Closed Doors

Northampton County Executive John Brown likes to operate behind closed doors and without transparency. Last year, he personally blocked Council member Bob Werner from attending a meaningless news conference. At another, he actually posted armed deputy sheriffs to keep unwanted Council members from attending. This year, Deputy Administrator Cathy Allen refused to answer questions about her broken promise to have some departments at a Council meeting. DCED Director Diane Donaher unsuccessfully tried to suspend hotel tax grants that Council awards every year. She wanted to give herself sole power over $500,000 for tourism. What's next? How about a super secret meeting?

Brown and Donaher are the architects of a private meeting scheduled today at 10:30 am in Conference Room #3 of the Human Services Building. From what I can put together, and I obviously don't have all the details, it appears to be an attempt to bring in another consultant.

I plan to be there though someone has already been told it is a "private" meeting..

The ostensible purpose of this mega meeting is to determine how the County's various authorities and boards can streamline their functions and operate more efficiently. Of course, this involves hiring yet another consultant, National Development Council.

Because there will be quorums of different authorities and deliberations concerning the official action of hiring a consultant, this may very well be a violation of Pennsylvania's Sunshine Act.

Also present at this meeting will be representatives of Norris McLaughlin and Marcus from the land of NIZ. That firm is already featured quite prominently in Allentown's pay-to-play investigation. I'm sure one way to streamline things in Northampton County is to make sure someone from that firm represents every County authority.

As Judge Damon Keith has so eloquently stated, "Democracy dies behind closed doors."

Updated 10:10 AM: Secret Meeting Canceled! - I've just been informed that the super secret meeting of all those authorities, along with the NIZ law firm, has been canceled. Here's the message I received. "Meeting at Human Services cancelled after question sent to Econ Dev office regarding advertised properly and how many council members would attend....clearly cancelled due to violation of sunshine act and council concerns on subject matter...FYI."

(Story originally published at midnight.)

Bethlehem Tp Comm'rs to Let the Public Speak

At their April 20 meeting, Bethlehem Township Commissioners unanimously decided against enacting a public comment policy that would have limited the right to speak to a five-minute time limit. It would also have restricted the public soapbox, called courtesy of the floor, to the beginning of a meeting or during a public hearing.

The public right to speak during municipal meetings is guaranteed by Pennsylvania's Sunshine Act, which is designed to make local government more transparent. That law specifically provides that open meetings are "vital to the enhancement and proper functioning of the democratic process." As stated by Judge Damon Keith, "Democracy dies behind closed doors."

Though the public has the right to speak, numerous boards throughout the Lehigh Valley impose time limits on speakers in order to keep meetings moving. Bethlehem Township Commissioners tabled a discussion on this limitation in September, but resurrected the issue recently after two meetings in which PennEast Pipeline opponents, most of them nonresidents, made lengthy and redundant presentations.

After a meeting in which ten residents spoke, Commissioners again decided to table the adoption of any public comment policy. It is a topic that was recently brought up at a debate.

"This is where we get our frustration out on you!" joked Martin Comer, himself a former Commissioner and a regular at every meeting. His thoughts were echoed by Bill Berry, another former Commissioner. "There's an issue of transparency in the Township," he warned. He added that, as a regular at meetings, he's seen no reason for a formal policy.

Micahel Hudak, a proponent of the policy, agreed with other Commissioners to table the matter, especially with an election less than a month away. But he defended the policy as a "fire extinguisher" that the President of the Board would invoke only when needed.

"Nobody's trying to stifle anybody," he assured everyone.

Tom Nolan, who previously spoke out against a formal public comment policy, stated it would "have more than a negative impact on our meetings."

Bethlehem Township Comm'rs Ponder Public Comment Policy

Bill Berry is a former Commissioner

Pennsylvania's Sunshine Act,contains some very sweeping language. It finds that "the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decision making 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." It invests both residents and taxpayers with the right to "comment on matters of concern, official action or deliberation" before any matter is decided. It gives any person, citizen or not, the right to object to a perceived violation of the open meeting law. Yet at their April 6 meeting, Commissioners considered adopting  policy that would essentially limit comments to the beginning of meetings and during public hearings. There would also be a five-minute time limit on speakers.

This is the second attempt Commissioners have made to limit public comment. In September, a similar proposal, spearheaded by Marty Zaworski, was tabled.

Zawarski stated that Commissioners are accessible, by email or phone at nearly all hours. He complained about people who are "redundant" and who come to the podium and read for ten minutes, which is precisely what happened several weeks ago when PennEast Pipeline opponents asked the Board to approve an anti-pipeline resolution.

Michael Hudak stated that the Board follows "Robertson's [sic] Rules of Order", adding that "Courtesy of the Floor"is a "privilege, not a right."

Of seven public speakers at the meeting, five opposed any change that would limit the right to speak to the beginning of a meeting.

Green Pond Marsh activist John Glagola complained that the policy prevents people from addressing issues that come up during a meeting, asking whether he wold need a ouija board to divine  what is going to happen. He was joined by Melissa Davis, who stated public comment has bnever been an issue. She called the proposed policy "disrespectful to the citizens."

Karen Berry took it one step further. She called the proposal undemocratic. "It is in the interest of good government to be as transparent as possible," she argued. "That is what democracy is all about."

Her husband Bill, himself a former Commissioner,noted that in his time on the Board, "We sat here sometimes 'till two in the morning and listened to what residents had to say. The more open, the better."

Tom Nolan cautioned fellow Commissioners at the limitation. "We're not just here to listen to the developers," he complained, calling the policy the start of a slippery slope. "If it's not broken, don't try to fix it," he warned.

Phil Barnard was silent, but has previously supported the public right to speak so long as people are courteous.

Pat Breslin was absent.

Brown Attempts to Muzzle Barron at Council Meetings

Under the Sunshine Act, any resident or taxpayer has the right to address a municipal body before they take official action. Last night, and in several meetings over the years, Controller Steve Barron has exercised that right. He is a resident. He is a taxpayer. But if Executive John Brown had his way, Barron would be required to get permission to be placed on the agenda.

Barron raised concerns last night about a contract with C3, the cost control consultant who implemented many of the unpopular health care changes. I'll tell you about those concerns on Monday. For now, I want to focus on the Sunshine Act.

When Barron was finished delivering his speech, Executive Brown stood up to complain that, as a matter of protocol, Barron should be required to seek time on the agenda if he wishes to address Council.

I like 15-minute meetings as much as the next guy, but Brown's suggestion is contrary to the Sunshine Act. Peg Ferraro noted that Barron was addressing an item on the agenda. And Lamont McClure, noting that Ron Angle sometimes liked to step from the dais to address Council as a citizen, added that any citizen - even elected officials - has the right to speak.

The Sunshine Act and Executive Sessions

Yesterday, I groused about Bethlehem Township's penchant for meeting behind closed doors before meetings. These secret meetings are permitted under Pennsylvania's Sunshine Act and are called "executive sessions" The public can be excluded from discussions about (1) personnel (not the appointment of a vacancy on the Board); (2) collective bargaining; (3) the lease or purchase of real estate; (4) litigation concerning identifiable complaints; and (5) confidential information such as a criminal investigation or privileged medical data.

Any votes must be taken publicly.

I compared the eight executive sessions in Bethlehem Township this year to other municipalities. I learned that Palmer Township has had 14 executive sessions so far this year, almost twice as many as Bethlehem Township. But because these sessions are always conducted at the end of the meetings, it's not as rude to the public as when they are forced to wait.  

The same is true in Hanover Township. Their five executive sessions this year were conducted at the end of meetings, with a statement alerting the public that the will re-convene in public if official action needs to be taken.  

I did not bother with Nazareth. In my limited appearances there this year, they had executive sessions before, during and after the meeting. I think they fumigated the room when I left, too.

Lower Nazareth, which has been extremely busy this year with numerous contested developments, along with its threat to leave the Colonial Regional Police Department.  There have been over twenty meetings, far more than anywhere else. But I could only find one brief executive session about a topic that arose during a meeting. It's a good record of transparency.

It appears that all the municipalities make an effort to be open,and specify why they are going in the back room. But it's best to have those meetings after all other business has concluded.

Back Room Meetings Too Frequent in Bethlehem Tp

While the dais is empty, about 25 citizens are waiting.

People who visit Bethlehem Township Commissioners for a meeting can usually set their clocks back 15 minutes or longer. That's because, with increasing frequency, Commissioners are huddled in a back room. When they come out, there will eventually be announcement that they were in Executive Session for "litigation" (the litigation is never described) or personnel matters. They almost never take any formal action on whatever was discussed behind closed doors. This breeds suspicion. As stated expressly in the Sunshine Act, "[S]ecrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society."

In addition to being secretive, this behavior is rude. Other municipal bodies have more respect for the citizenry than to schedule a meeting and then force the public to wait because a chosen few are cowered in some dark corner. These executive sessions should occur, if at all, after the people's business has been concluded.

Sunshine Act Reform Looks Likely

Under Pennsylvania's Sunshine Act, citizens and taxpayers have the right to address local governments before they do something stupid. That right means a lot more if you know what they intend to discuss in advance. So Jim Christina, an evil Republican from Beaver County, has proposed a reform under which agendas must be posted and placed on the municipality's webpage at least 24 hours before the meeting. There are exceptions if there's an emergency.

According to The Citizens Voice, this bill is opposed by local governments, including the County Commissioners' and Township Supervisors' Association. One of their complaints is that this would force them to break down and host a web page. If they're unable to do that, despite all the free sites available, they have no reason to exist.

Their real objection is that they'd prefer to keep you in the dark.

Because this Bill appears to have bi-partisan support, my guess is that it will eventually become law.

Unfortunately, none of that bi-partisan support is coming from the Lehigh Valley.

"Transparent" NIZ Board Starts Off With Sunshine Act Violations

According to the Express Times, the Dizzy Nizzy Board held its inaugural meeting today. Chairman Sy Traub solemnly proclaimed they'd be as open and transparent as possible, and then they quickly voted on matters that Traub admitted had already been decided in the back room during "educational and orientation" meetings.

I guess the Sunshine Law is just a guideline in Allentown, which has been anything but transparent in all decisions concerning its controversial Neighborhood Improvement Zone.

At least Traub was "transparent" about his "lack of transparency," so he's got that going for him.

NorCo Council Follows Open Records Breach With Sunshine Act Violation

During County Council's December 8 meeting, Council members huddled in executive session to decide what to do in response to a November 23 Open Records Office Order  (2011-1406_OHare-Northampton_County.pdf) , requiring Council member Tom Dietrich to fork over a note, or its "reasonable facsimile."

Dietrich had scribbled that little missive during an October 6 Council meeting, while Ron Angle was in the middle of announcing that landfill magnate Charles Chrin would make a $2 million contribution to the County for farmland preservation, with the money coming from lot sales at Chrin's planned industrial park. The County's video of the meeting (1:06:00) shows Dietrich writing and handing this note to Ann McHale. She can be heard agreeing with whatever is written.

"Anything you could share with us, Mr. Deitrich?" asked Angle.

"No. That was between he and I," answered McHale, as Dietrich remained mute.

Having been informed that Dietrich had accused Angle in that note of bribery, this freelance reporter filed a Right-to-Know request for the note or a reasonable facsimile the very next day, claiming that when one Council member accuses another of bribery during a public meeting, the public has a right to know about it.  Council refused, claiming (1) the note does not exist; (2) if it does, it is not a public record; and (3) if it is a public record, it's exempt.

But the Office of Open Records (2011-1406_OHare-Northampton_County.pdf) disagreed, ordering Dietrich to produce the note, which is what forced Council behind closed doors on December 8, as they decided what to do.

When they emerged from the back room, Council Solicitor Phil Lauer announced that Council had reached a "consensus" and had apparently directed him, behind closed doors, to appeal the Open Records determination.  But because the Sunshine Act requires all official actions to be taken during a public meeting, this freelance reporter objected to a perceived violation, as specifically authorized under the open meetings law.

When Council was forced to vote in the open, the supposed "consensus" evaporated. Only Council President John Cusick and Lamont McClure authorized the Solicitor to appeal, with Dietrich and McHale abstaining.