PHL MEDIA 16 PRIVATE TALKS VIOLATED LAW LAWYER SAYS
From: King_Morpheous2001@no-spam (King Morpheous)
Subject: Private talks violated law, lawyer says
Date: 7 Jul 2003 12:09:25 -0700


Private talks violated law, lawyer says
Evan Brandt , Mercury Staff Writer 07/07/2003

UPPER POTTSGROVE -- When Police Chief Charles Maddona asked the township commissioners for permission to conduct background investigations on "all people associated with the activities and functions of Upper Pottsgrove Township," it was not a request made in public.

It was only when a newspaper published an article about the request that the public became aware of it.

Also conducted without public scrutiny were two meetings by the Board of Commissioners in which Maddona's letter was discussed. Those discussions were held in closed-door meetings known in government parlance as executive sessions.

And that in and of itself was a violation of Pennsylvania's open meetings law, according to the general counsel for the Pennsylvania Newspaper Association.

Township Solicitor James Scheffey, who advises the Board of Commissioners on such matters, could not be reached for comment.

Township Commissioner Russell Noll said the executive sessions were not called specifically to discuss Maddona's letter, but he confirmed that discussion of it did come up.

Ken Iatesta, chairman of the Upper Pottsgrove Board of Commissioners,
confirmed the board reviewed Maddona's request in two closed meetings.

Citing the secrecy of executive sessions, he would not comment on the content or direction of the discussions other than to say that "no decision has been made."

But Corinna Wilson, general counsel to the Pennsylvania Newspaper Association and an expert on the open meetings law, had no such reservations.

"They should absolutely not be discussing something like this in executive session," Wilson said.

The open meetings law allows government officials to meet in private "to discuss personnel matters, including the hiring, promotion, disciplining or dismissing of any specific prospective public officer or employee or current public officer or employee employed or appointed by the agency."

But that's not what the commissioners were doing, Wilson said after being contacted by a reporter.

"They are not discussing a particular employee; they are talking about a policy which affects all employees," Wilson said. "A discussion like this does not fit with the personnel exception at all."

The law also allows executive sessions "to review and discuss agency business which, if reviewed or discussed in public, would lead to the disclosure of information recognized as confidential or privileged under law, including the initiation and conduct of investigations of possible violations of the law and quasi-judicial deliberations."

This exception also does not apply, Wilson said, because the commissioners are not discussing the specifics of one or two investigations, but a policy of conducting many investigations.

"I don't think this falls into the investigations category either," Wilson said. "That exception refers to a specific investigation, and that's not what they're talking about here. They're talking about a policy of conducting background investigations."

Wilson added, "The public has an absolute right to know about a policy like this and to participate in the discussion."

There is no statutory penalty associated with violating Pennsylvania's open meetings law.

Further, there is no agency designated to enforce it. Any violation must be determined by a court, and the most frequent result is merely an order to correct the behavior or to invalidate actions taken in closed meetings.

Although no decision on Maddona's investigations request has been made yet,
any vote must take place at a properly convened public meeting, according to the open meetings law.

ŠThe Mercury 2003


Subject: Re: Private talks violated law, lawyer says
From: jralessi@no-spam (JR)
Date: Tue, 08 Jul 2003 15:44:59 GMT

Yes well one can never be too careful when policing those, "Mean Streets" of Upper Pottsgrove.

JR