PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

Griffith alleges commissioners violated state's Sunshine Act

BY MICHAEL P. BUFFER | (Wilkes-Barre) Citizens Voice

WILKES-BARRE - Luzerne County Controller Walter L. Griffith Jr. accused county commissioners of violating the state Sunshine Act to discuss issues about the sheriff's budget in private Wednesday.

Griffith said he attended the meeting, which included all three county commissioners. The Sunshine Act requires a meeting be open to the public when at least two commissioners meet for official action and deliberations, but the act allows closed meetings for a few exceptions, such as discussing personnel matters that involve a specific prospective or current employee or discussing collective bargaining issues.

"It had noting to do with personnel," Griffith said Thursday. "Why were there three commissioners there and no press?"

Commissioner Chairwoman Maryanne Petrilla responded, "Walter needs to read the Sunshine Act. We are well within our right to be in the same room at the same time. What we cannot do is deliberate. There was no deliberation. There was discussion."

The act says deliberation is "the discussion of agency business held for the purpose of making a decision."

Officials said they discussed at the meeting Sheriff John Gilligan's concerns about rising expenses associated with paying sheriff deputies for driving personal vehicles. Last month, commissioners, Griffith and Gilligan ended a legal dispute over bonus pay for personal-vehicle use.

According to the agreement, deputies were able to get bonus pay for personal-vehicle use from Jan. 1 to Aug. 16 and now receive mileage reimbursement - 50 cents per mile, as established by the Internal Revenue Service - when they drive their own vehicles. The bonus pay was based on fees charge to lawyers, and Gilligan is concerned that mileage reimbursement is costing more.

The dispute began in January when Griffith took office and refused to pay bonus compensation to sheriff deputies. Griffith said the bonus pay to six deputies from Jan. 1 to Aug. 16 cost about $108,000.

The county is opening bids to buy five new vehicles for the sheriff's department on Tuesday, which could result in fewer trips in personal vehicles. In an e-mail to the sheriff on Thursday, County Manager/Chief Doug Pape said the county road and bridge department has two vehicles that sheriff deputies can use until the county buys new cars for the sheriff.