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Has Mount Carmel Township Supervisors violated the Sunshine Act a second time?
Published: November 20, 2009
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share thisATLAS - For the second month in a row, actions performed by the Mount Carmel Township Board of Supervisors are "problematic," according to an expert on the Pennsylvania Sunshine Act.
Melissa Melewsky, an attorney with the Pennsylvania Newspaper Association, said the board's decision to reduce hours of township employees without discussing or voting at a public meeting "raises an issue."
At Wednesday night's meeting, board Chairman Sam Scicchitano announced that two of the three township departments had seen a reduction in work hours, something he was unaware was going to happen.
The two township secretaries were moved from a normal, five-day week to a schedule with one secretary working six hours a week and one working nine hours a week. The office is open 15 hours a week, 8 to 11 a.m. each day.
In the street department, one employee was laid off. The remaining two employees were reduced to working nine hours a week.
During the winter months, the employees have agreed to be on call and therefore would be compensated.
"There were a lot of demands on the general fund with some overtime and expenses that have occurred, based on insurance and other rates," said Sam Scicchitano after the meeting.
Once the budget is approved, the supervisors said the possibility of re-establishing the hours to their normal times would be considered.
The reduction of employee hours did not appear on last month's agenda nor was it included in Wednesday's agenda. The township supervisors also did not vote on it.
"I would think it should be (on the agenda)," said Scicchitano. "I was uninformed that staff was reduced. It happened shortly after the election."
Melewsky said she couldn't say whether the reduction of hours would absolutely require a vote, but added that she would think it should.
"If they make a decision, they should do so publicly," she said, so the public can comment and know the reasons.
The Sunshine Act, Pennsylvania's Open Meetings Law, says "all public agencies must take all official actions and conduct all deliberations at public meetings."
Governmental leaders can discuss personnel matter - including considering the purchase or lease of real property and to consult with an attorney or other professional adviser concerning litigation - in executive session.
But, "they have to give enough information that an executive session was appropriate," said Melewsky.
However, no executive session was held, nor did the supervisors announce that any such meeting took place.
When questioned whether such personnel matters were required by law to be included on an agenda or voted on during a public meeting, Solicitor Nicholas Gard said he would not comment.
Last month, Melewsky also said that the township supervisors holding an executive sessions to discuss bids was also "problematic." A second executive session was called to discuss the township's advanced life support system.
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