Scheduled meeting not held due to possible Sunshine Act violation.
By Jerry Lynott
The (Wilkes-Barre) Times-Leader Business Writer
SUGAR NOTCH – Council cancelled a meeting Saturday night after one of the members said it violated the state Sunshine Act.
The 6 p.m. session at the municipal building had not been advertised and was called to discuss the 2011 budget, said Councilman Mario Fiorucci.
He said he objected to the special meeting and five other council members, the mayor, secretary and treasurer who showed up walked out.
“They were planning on having a real meeting,” said Fiorucci.
He said he received a phone call Friday from council President Pat Dalton who said council has to meet to discuss raising taxes.
Dalton on Saturday would not talk about the meeting and told a reporter to watch the evening news on television.
Dalton had previously said council would get together and would be “reviewing some stuff in the budget.”
Dalton had said it did not have to be advertised or open to the public. “It’s just a discussion,” he said Friday and council would not take any action.
But according to the state Sunshine Act, the discussion of business by council in order to make a decision at a later date is considered “deliberation” that cannot be done in secret.
“Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public,” reads the act.
Special meetings must have 24 hours of advance public notice, according to the act.
Council has had two readings of the budget that remains unbalanced, said Fiorucci.
There is some urgency to pass a balanced budget because the end-of-the-year deadline is approaching.
The borough is $20,000 short of balancing its budget which was posted in the window of the entrance to the borough building, said Fiorucci.
“I just don’t know how we’re going to get out of it,” he said.
A work session is scheduled for 7 p.m. Wednesday at the municipal building, he said.
The (Wilkes-Barre) Times-Leader Business Writer
SUGAR NOTCH – Council cancelled a meeting Saturday night after one of the members said it violated the state Sunshine Act.
The 6 p.m. session at the municipal building had not been advertised and was called to discuss the 2011 budget, said Councilman Mario Fiorucci.
He said he objected to the special meeting and five other council members, the mayor, secretary and treasurer who showed up walked out.
“They were planning on having a real meeting,” said Fiorucci.
He said he received a phone call Friday from council President Pat Dalton who said council has to meet to discuss raising taxes.
Dalton on Saturday would not talk about the meeting and told a reporter to watch the evening news on television.
Dalton had previously said council would get together and would be “reviewing some stuff in the budget.”
Dalton had said it did not have to be advertised or open to the public. “It’s just a discussion,” he said Friday and council would not take any action.
But according to the state Sunshine Act, the discussion of business by council in order to make a decision at a later date is considered “deliberation” that cannot be done in secret.
“Official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public,” reads the act.
Special meetings must have 24 hours of advance public notice, according to the act.
Council has had two readings of the budget that remains unbalanced, said Fiorucci.
There is some urgency to pass a balanced budget because the end-of-the-year deadline is approaching.
The borough is $20,000 short of balancing its budget which was posted in the window of the entrance to the borough building, said Fiorucci.
“I just don’t know how we’re going to get out of it,” he said.
A work session is scheduled for 7 p.m. Wednesday at the municipal building, he said.
