York Twp. board to appeal open records ruling
By PETER MERGENTHALER
The York Dispatch
The York Township board of commissioners voted Tuesday to appeal a landmark decision from the Pennsylvania Office of Open Records, but attached one proviso -- taxpayers won't foot the bill.
The office last month ruled that the township must compel commissioners Kenneth Silberstein and Dennis Ness to turn over all e-mails relating to several proposed housing developments, including any messages sent using personal e-mail accounts. Though the township has the right to appeal the case to the York County Court of Common Pleas, the board had voted twice not to do so.
But during a closed-door meeting Tuesday, Silberstein persuaded a narrow majority of the commissioners to fight the decision, provided that no township funds be spent on the effort. Silberstein will be responsible for any legal costs associated with the appeal.
"I'm glad that the board has given the township the opportunity to defend this," Silberstein said. "I believe that this is a very, very important decision not only for York Township, but for the Commonwealth."
The office's ruling came in response to an open records request from Stacey MacNeal, a York attorney who has represented Heritage Hills Associates. The township early this year denied Heritage Hills' proposal to build a traditional neighborhood development on the golf course behind its hotel on Mount Rose Avenue.
Heritage Hills recently launched a lawsuit against the township in response to the denial, claiming Ness and Silberstein were involved in an illegal conspiracy to kill the project.
MacNeal first asked the township for the e-mails, but the township denied the request. She then took the case to the state Office of Open Records, which ruled that the township must get the documents and turn them over.
Speaking publicly before the private session, President Commissioner Robert Steele said he finds it "revolting" that any e-mail on a public official's home or business computer could be considered a public record -- especially if it were unsolicited -- but he encouraged Ness and Silberstein to end the controversy by complying with the order.
"My opinion is, turn it over. Sorry about that, but that's how I feel about it," he said.
Commissioner Paul Knepper said the appeal is "a cause that doesn't have to be."
"If you don't have anything to hide, then hand it over, and save everybody a lot of grief and a lot of money," he said.
Commissioner Phil Briddell joined Ness and Silberstein in voting to appeal the state decision, with Silberstein on the hook for expenses. Steele and Knepper voted against the motion.
The York Dispatch
The York Township board of commissioners voted Tuesday to appeal a landmark decision from the Pennsylvania Office of Open Records, but attached one proviso -- taxpayers won't foot the bill.
The office last month ruled that the township must compel commissioners Kenneth Silberstein and Dennis Ness to turn over all e-mails relating to several proposed housing developments, including any messages sent using personal e-mail accounts. Though the township has the right to appeal the case to the York County Court of Common Pleas, the board had voted twice not to do so.
But during a closed-door meeting Tuesday, Silberstein persuaded a narrow majority of the commissioners to fight the decision, provided that no township funds be spent on the effort. Silberstein will be responsible for any legal costs associated with the appeal.
"I'm glad that the board has given the township the opportunity to defend this," Silberstein said. "I believe that this is a very, very important decision not only for York Township, but for the Commonwealth."
The office's ruling came in response to an open records request from Stacey MacNeal, a York attorney who has represented Heritage Hills Associates. The township early this year denied Heritage Hills' proposal to build a traditional neighborhood development on the golf course behind its hotel on Mount Rose Avenue.
Heritage Hills recently launched a lawsuit against the township in response to the denial, claiming Ness and Silberstein were involved in an illegal conspiracy to kill the project.
MacNeal first asked the township for the e-mails, but the township denied the request. She then took the case to the state Office of Open Records, which ruled that the township must get the documents and turn them over.
Speaking publicly before the private session, President Commissioner Robert Steele said he finds it "revolting" that any e-mail on a public official's home or business computer could be considered a public record -- especially if it were unsolicited -- but he encouraged Ness and Silberstein to end the controversy by complying with the order.
"My opinion is, turn it over. Sorry about that, but that's how I feel about it," he said.
Commissioner Paul Knepper said the appeal is "a cause that doesn't have to be."
"If you don't have anything to hide, then hand it over, and save everybody a lot of grief and a lot of money," he said.
Commissioner Phil Briddell joined Ness and Silberstein in voting to appeal the state decision, with Silberstein on the hook for expenses. Steele and Knepper voted against the motion.
