Sunshine violations at Delco Council all but admitted?
The three Democrats running for Delaware County Council held a press conference on the steps of the Media courthouse to advance their list of proposed reforms to county government. In the course of Alex Rose’s reporting of the event in the Delco Times, it sounds to me as if County Director all but admitted that the Delaware County Council routinely and deliberately violates the Pennsylvania Sunshine Act.
County Director Marianne Grace later explained everything on the agenda has already been discussed and examined throughout the week leading up to the council meeting.
By the time council votes publicly on the items, everyone understands what they’re voting on and why, so there is no need for council to discuss, she said. Some agenda items are routinely summarized during the meeting for the audience anyway.
The point of the PA Sunshine Act is not only to have public meetings at which official votes are recorded. No, the point of the Act is to allow citizens to witness and respond to the entire decision making process of our elected governments.
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.
[Later…]
65 Pa.C.S.A. § 704. Open meetings
Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public unless closed under section 707 (relating to exceptions to open meetings), 708 (relating to executive sessions) or 712 (relating to General Assembly meetings covered).
Council meetings aren’t televised, and they’re held at 10:00 AM Tuesday mornings, when most of us are at work. If you want to see your one-party Council perform a rigged show of governance, you can spend a half day of your vacation time to fund out what they’re up to. [Meeting Schedule].
Filed under Regional & Local, Municipal Election, Ann O'Keefe, Republican Machine, Reform, Delaware County, Democrats, David Landau, Politics | RSS
so..if they are breaking the law, should somebody call yhe cops?
The problem with the PA Sunshine Law is enforcement. Some concerned citizen has to catch them in the act– and how would you PROVE that they had any discussion of the issue outside of the meeting? With 30 years of 5-0 votes, maybe they just come to the meetings, vote “aye” on every issue presented, and then go home.
Then the infraction has to be reported within 30 days.
Then you have to take it before a Delaware County Judge. 0 Republicans there.
And even if you cleared all of those hurdles, the penalty would be $100.
Who cares if the penalties are light and violations hard ot prove–you have an admission by a person at the highest levels of government. O’Keefe, Landau and Innelli should be burying these guys with this. Someone should send the article to the AG and call him out on it and put his feet to the fire–transparency is seems to be the key issue for everyone. The silent issue here is who else do the five members of County Council discuss these matters of which there is no public debate–bet you the big three are involved.
Erie County Council has violated the PA Sunshine Law for more than 25 years ! On 20 MAR 07 during an Erie County Council meeting, council moved 1st Reading, introductory ordinances to 2nd readings, and a vote for passage. A specific violation of both the Erie County Admin Code and the PA Sunshine Law. When I objected (right to object “guaranteed” under the PA Sunshine Law)to their attempt to break the law, AGAIN, I was removed under orders of the council Chairman Leone, by an armed Deputy Sheriff. Council went on to violate their oaths of office, violate state and county law, violated my 1st Amendment rights to petition the government and illegally passed legislation ! Their penalty ? Nothing. Currently I am embroiled in a federal lawsuit against them for violating my 1st Amendment rights. The suit is costing me thousands of dollars while these same lawbreakers are using MY tax dollars and YOUR taxdollars to fight me in court. BTW…four of these lawbreakers were re-elected last week.
The system and the law is broken and the common man can’t afford to fight in court. It’s a sad commentary on the elected officials who swear to abide by the law but don’t.
Dan Galena, Erie County, PA