Colwyn Council bans photos at meetings
By Vince Sullivan
Delaware Co. News Network Associated Editor
COLWYN - The Colwyn Borough Council announced a list of rules designed to maintain order at their meetings, one of which prohibits the use of cameras for the purpose of taking still photographs.
Council President Tonette Pray read off the rules, which are posted in the rear of the meeting room. The rules require anyone wishing to speak at a meeting to sign their name on a sign-in sheet, along with their address. The rules limit each speaker to three minutes, with a total of 30 minutes allotted for the entire public forum. It further states that attendees of the meetings who are not residents of the Borough of Colwyn do not have the right to speak.
After reading off the list of rules, Pray added one that was not included on the printed sheet.
"Nobody will be allowed to take pictures, still pictures, at a meeting," she said.
Borough Solicitor Lacy Wheeler attempted to explain the reasons behind the council's decision when challenged by this reporter, who recorded his response on video.
"Council has not authorized any still photos or pictures to be taken at this meeting," he said. "Still photos and pictures may, in fact, distract the members of council. They may distract the legislative meeting. So taking pictures with flashes... we dont want people setting off their cameras at this meeting."
When asked by this reporter to cite any pertinent case law, legal precedents or related entries of the Pennsylvania Borough Code, Wheeler said that he could not do it. He further advised that this reporter had no right to question the actions taken by council, citing the aforementioned rules of conduct, which require attendees to sign-in and be residents. This reporter did not sign in, and likely would not be allowed to address council due to non-residency.
Councilman Sunday Nwegbo further challenged Wheeler and Pray to explain why they were prohibiting photography, Pray explained that her husband records the meetings via video camera, which council did not prohibit, and that those tapes were treated as official recordings and are used by the borough secretary to generate written minutes, which are required under Pennsylvania Act 65, commonly known as the Sunshine Act.
The borough secretary, Marlene Walden, was absent from the meeting. Walden, who also serves as the borough's Open Records Officer, has denied access to audio and video recordings, as well as written minutes, to those who request them through the methods prescribed in the Open Records Act, including this reporter, for various reasons in the past. By Pray's logic, those who attend the meetings would not need to take photographs because the meetings are video recorded. However, attendees are rarely, if ever, allowed access to those tapes.
The move to ban photography comes just one week after two women were allegedly assaulted by Colwyn police Lt. Wendell Reed (see related story), allegedly at the behest of Pray. Criminal complaints have been filed in that case with the Colwyn Police Department and the Delaware County Criminal Investigation Division.
The decision by council seems to be in direct violation of the Pennsylvania Sunshine Act. Section 711 of the Sunshine Act states that "a person attending a meeting of an agency shall have the right to use recording devices to record all the proceedings."
The Act further states in Section 710 that "Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision."
Delaware Co. News Network Associated Editor
COLWYN - The Colwyn Borough Council announced a list of rules designed to maintain order at their meetings, one of which prohibits the use of cameras for the purpose of taking still photographs.
Council President Tonette Pray read off the rules, which are posted in the rear of the meeting room. The rules require anyone wishing to speak at a meeting to sign their name on a sign-in sheet, along with their address. The rules limit each speaker to three minutes, with a total of 30 minutes allotted for the entire public forum. It further states that attendees of the meetings who are not residents of the Borough of Colwyn do not have the right to speak.
After reading off the list of rules, Pray added one that was not included on the printed sheet.
"Nobody will be allowed to take pictures, still pictures, at a meeting," she said.
Borough Solicitor Lacy Wheeler attempted to explain the reasons behind the council's decision when challenged by this reporter, who recorded his response on video.
"Council has not authorized any still photos or pictures to be taken at this meeting," he said. "Still photos and pictures may, in fact, distract the members of council. They may distract the legislative meeting. So taking pictures with flashes... we dont want people setting off their cameras at this meeting."
When asked by this reporter to cite any pertinent case law, legal precedents or related entries of the Pennsylvania Borough Code, Wheeler said that he could not do it. He further advised that this reporter had no right to question the actions taken by council, citing the aforementioned rules of conduct, which require attendees to sign-in and be residents. This reporter did not sign in, and likely would not be allowed to address council due to non-residency.
Councilman Sunday Nwegbo further challenged Wheeler and Pray to explain why they were prohibiting photography, Pray explained that her husband records the meetings via video camera, which council did not prohibit, and that those tapes were treated as official recordings and are used by the borough secretary to generate written minutes, which are required under Pennsylvania Act 65, commonly known as the Sunshine Act.
The borough secretary, Marlene Walden, was absent from the meeting. Walden, who also serves as the borough's Open Records Officer, has denied access to audio and video recordings, as well as written minutes, to those who request them through the methods prescribed in the Open Records Act, including this reporter, for various reasons in the past. By Pray's logic, those who attend the meetings would not need to take photographs because the meetings are video recorded. However, attendees are rarely, if ever, allowed access to those tapes.
The move to ban photography comes just one week after two women were allegedly assaulted by Colwyn police Lt. Wendell Reed (see related story), allegedly at the behest of Pray. Criminal complaints have been filed in that case with the Colwyn Police Department and the Delaware County Criminal Investigation Division.
The decision by council seems to be in direct violation of the Pennsylvania Sunshine Act. Section 711 of the Sunshine Act states that "a person attending a meeting of an agency shall have the right to use recording devices to record all the proceedings."
The Act further states in Section 710 that "Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision."
