South Connellsville mayor against stopping speakers
CONNELLSVILLE – Although a regulation, bylaw or rule might allow South Connellsville Borough Council to restrict who addresses the panel at its meetings, the long-time mayor believes everyone should be given an opportunity to express their views. Borough Mayor Pete Casini said that he recollects “something, somewhere” written that would give him or council the authority to prevent a non-resident or non-taxpayer from speaking at the monthly sessions, but he has yet to enact the regulation.
“If someone that didn’t live in the borough wanted to come out here and say something for the betterment of the borough or offer a suggestion or ask the borough for something would we be courteous enough to let them speak? You’re darn right we would,” he said.
Casini was responding to action taken last week by Connellsville Mayor Judy Reed to restrict Dunbar Township tax collector Marigrace Butela from addressing council concerning the city’s senior center and its programs.
Reed told Butela that the Third Class City Code prohibited anyone other than city residents or property owners from addressing the panel.
Butela said that she was surprised by the turn of events because she had been given the opportunity to speak at the May meeting.
“Why doesn’t (the mayor) want me to speak?” she asked. “I had only planned to talk about the senior center, where many Dunbar Township residents go to have lunch or to enjoy the activities.
“There have been questions raised about its finances and if it was going to continue to operate; that is the only topic I wanted to address.”
South Connellsville Borough residents or others wanting to address council are asked to contact the municipal secretary 72 hours in advance of the monthly meeting and provide their name, address and topic of discussion.
Those listed, said Casini, are given approximately five minutes to make their presentation, ask questions or to offer information.
Should someone attend the meeting and not be on the agenda, that person is given three minutes to address the council members.
“Do we govern that time? No,” he said. “But that’s what the (borough) bylaws state.”
Uniontown City mayor’s office secretary Laurie London said that she could not recall the members of council denying any meeting attendee the right to speak.
“The meetings are open to the public,” she said.
Pennsylvania Newspaper Association media law counsel attorney Melissa Melewsky said that the Third Class City Code does not restrict any public participation, but the state Sunshine Law encourages participation by residents and taxpayers.
The general Sunshine Act rule states that boards, councils or authorities should provide the opportunity for taxpayers or residents of the political subdivision to comment on “matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action.”
“That’s the least that should be done,” said Melewsky. “It does not restrict the board or council from hearing someone that lives outside the municipality.”
However, there is a case where a judge ruled on the side of a school board that did restrict its public comment participation to only those residing within the confines of the school district.
“We take the viewpoint that despite that case, if there is an interest in the community that affects people who may not live or pay taxes in that community, they should be able to speak,” she said. “It is better government.”
Connellsville City Clerk Toni Tesauro said that solicitor Tom Bowlen advised her that the Third Class City Code permits the council to enact certain restrictions pertaining to who is able to speak at meetings and time constraints for comments.
However, Tesauro said that she could not immediately produce the enacted city resolutions tied to the restrictions.
“That’s something I’ll have to look for,” she said.
Butela, meanwhile, said that Reed’s stance in the matter contradicts what she advised a Connellsville man at the May meeting who was having difficulty with a neighboring business that was burning materials.
“The mayor determined that the business was located in Connellsville Township and told the man he would have to attend one of the township meetings and tell them his problems,” said Butela. “What was he to do if they told him he couldn’t speak because he didn’t live in the township?
“The mayor didn’t want to hear his problems.”