JEFFERSON TWP. - A lawsuit over an ongoing sewer project led the township Sewer Authority on Monday to drop the public comment portion of its meeting.
It's a move that seems to run contrary to state law.
According to the Pennsylvania Sunshine Act, the "board or council of a political subdivision or of an authority created by a political subdivision" is required to provide reasonable opportunity at each advertised meeting for the public to speak. If there is not ample time to hear public comment, it can be deferred to the next public meeting or to a special meeting held in advance of the next meeting.
"If they don't want to use public comment to shape public policy they don't have to," said Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association.
But they still have to provide it, she said.
"(I) did not know that," authority Chairman William Nicolais said in a phone call after the meeting. "I made a mistake."
The decision to skip public comment came in an executive session before the meeting, without authority solicitor Robert A. Cecchini.
Mr. Nicolais said he wanted to avoid discussion of the litigation, thinking it would get out of hand.
The complaint, filed by residents Lynne DeSando, Greg Kapeluck, Nancy Utter and Joseph Pilchesky, is meant to get a multimillion dollar sewer project to move forward without including Living Waters Road and Archbald Mountain Road, which are currently using septic tanks.
For several months the debate has moved back and forth between residents, who say the move is an unnecessary expenditure, and the authority, who says the move is a needed environmental step forward.
However, the debate has erupted into shouting matches in the past. On Nov. 19, Ms. DeSando said Mr. Cecchini shouted profanities at her. Mr. Cecchini later denied this and said Ms. DeSando rushed the stage, got in his face and started shouting at him.
On Monday, Ms. DeSando said she would report him to an ethics committee.
"If she wants to report me, report me," Mr. Cecchini said.
Ms. Melewsky said that if at anytime someone reports an allegation that the Sunshine Act has been violated, there is the potential for civil and/or criminal penalties, should a judge find there is a violation.
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