We Can't Have Big Open Meetings All the Time...

In light of or maybe because of all the recent talk regarding the Nazareth Borough Council's potential violation of the Pennsylvania Sunshine Law, I was somewhat surprised that Councilman Davis made the remark that we (meaning Council) "can't have big open meetings all the time" during the last Council Workshop (8-3-06, read post here).

The comment came during Councilwoman Werner's Economic Development Committee Report, at the end of which she encouraged her peers to keep an eye out for options that present themselves regarding the New Government Center.

To that end she made reference to two instances of businesses approaching her about the potential to work with the borough. She forwarded the first to Council President Dan Chiavaroli who followed up. He explained what his conversation entailed.

The second she decided at this time was premature as it was only addressed to her one time with no follow-up to learn more.

Neither of these options were presented to a committee and no action was taken. They were simply brought to the attention of a single council person by a resident/business owner.

Following her decision not to further discuss the 2nd potential option publicly until she had more information, Chiavaroli tried to explain that at times information is not shared because it is premature and that it would be irresponsible and potentially harmful/embarassing to do so before enough information is acquired.

It was at this point that Davis stepped in to make his comment that this is why we can't have big open meetings all the time.

I see a significant difference between the two instances. In one, no committee has been approached and no consideration has been made by a committee. In the other, a committee is conducting business, but doesn't want to let the public know what it is doing.

Davis and Stoudt have clearly indicated their preference to have closed meetings. To date Solicitor Pierce has advised Council they can do so.

On Thursday the Solicitor did request an executive session to discuss potential litigation, which I am assuming was in regard to Bernie O'Hare's letter requesting Council take action or be taken to court for violating the Sunshine Law. There were no new posts on Bernie's site related to this issue.

I would have hoped following the awareness that there may have been a violation, that Council would have taken a more pro-active position regarding its approach and attitude toward open meetings, but already we've seen with Davis' comments a rationalization for continued disregard toward them.

It will be interesting to see what Council's response will be.

Read other related Sunshine Law articles here.