Friday, October 9, 2009

Honest and Open Government

I came across this preamble the other day while reading about our state's Open Records Law, it completely summarizes the concerns that I have heard from many of you regarding Mt. Gretna Borough Council (and the Chautauqua Board activities). So, I thought I would print it here for you, and provide you with the link.

"Ensuring open and honest government is a bedrock principle of democracy. It can only be attained through the unfettered exchange of information between citizens and their government. A citizen’s right-to-know, sometimes known as freedom of information, fosters accountability, prevents abuses of power and promotes trust in government. "

PA's right-to-know law is codified in Act 3 of 2008, and the state has a website about it for us at:

http://openrecords.state.pa.us/

PA's Sunshine Act, which can be found here http://www.dced.state.pa.us/public/oor/SunshineAct.pdf
requires that boro council officers conduct deliberations, and take official action, in public meetings. See Section 704.

The law further requires the boro council to give 3 days notice to the public of any meeting between them where they deliberate or take official action. See Section 709

However, it seems like A LOT of stuff has been secretly discussed and decided on by our boro council--and those discussions aren't necessarily protecting our health, safety, and welfare. Ever attend a council meeting? Sometimes there is such a lack of discussion before any vote, that the meetings only last 20 minutes or so. Sometimes, the boro council president just tells the others what the deal is going to be--i.e. the official action has already been taken, like giving informed consent to our city solicitor so he can represent both sides of this EIT issue. (Don't forget that such consent has to be given in writing--but that consent issue is never presented for discussion, much less voted on by council).

There is NO exception allowing the boro council to keep secret any such deliberations unless they are deliberating about something like an employee, a collective bargaining agreement, or a real estate contract. Oh, yes, and of course if its about something like they are actually being sued and its lawyer-client privileged stuff. See sections 707, 708, and 712

So, this means that we have the right to know about, attend, and record any deliberations that our council members have about boro business--including committee meetings, budget discussions, and this EIT issue. It also means that any of their discussions occuring outside of the public's access is illegal. Its not something that's up to Chuck to decide. Its the council's duty, requirement, obligation...according to PA LAW.

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