Public comment alert: Speaking could get your address online
February 19, 2011 Sunshine Act | Open meetings
By Patrick Lester
OF THE MORNING CALL
When Chris Jaccarino went before Macungie council in January to speak out about his rising tax bill, he knew he was putting himself in the spotlight. What he didn't realize was that his visit to the podium meant his home address would show up on the borough's website.
Jaccarino says the borough violated his privacy. Citing concerns about identity theft and other computer crimes, he's asked for his address to be removed from the public meeting record.
"In today's digital age, it's going to become more and more of a problem," Jaccarino told council in January.
Although the borough obliged him to an extent — it removed his house number from the minutes — council has no plans to change its long-standing practice.
The same holds true in neighboring Lower Macungie where one resident has suggested that thieves who recently stole her mail may have been aided by a letter she sent to the township that was posted on the Lower Macungie website as part of a meeting agenda.
A Morning Call survey of local governments shows that while policies and practices for identifying speakers at public meetings vary, boards and councils often require speakers to state their home address.
Lawyers and privacy advocates say loss of privacy is the risk citizens take when speaking in a public forum where every word is recorded and sometimes videotaped.
"If you are speaking in public at a meeting that is open to the public and during that meeting you provide information, the expectation normally is going to be that the information is going to be freely available," said Paul Stephens of the Privacy Rights Clearinghouse, a nonprofit consumer information and advocacy group. As some pointed out, addresses already are available in print and online phone directories, as well as in property records.
That's not the point, said Ann Friedenheim, the Lower Macungie resident whose mail was stolen. "If you're concerned about people's privacy, I'm not sure if a street address," should be posted on a government website, she said.
But the township is holding firm to its policy.
"It's so we know that they live in the township," Lower Macungie Manager Bruce Fosselman said. "If we have to contact them, we know how to get a hold of them. Sometimes, we'll need to write them a letter."
The state Sunshine Law, which sets the rules for public meetings, requires government agencies to identify speakers at public meetings and the subject of their comments. It does not require that addresses be recorded.
Both the Pennsylvania State Association of Boroughs and the Pennsylvania State Association of Township Supervisors do not make any suggestions to their members about including addresses.
Courtney Accurti, a spokeswoman for the boroughs group, said a council has the right to go beyond what's stated in the law and require addresses, and many do.
A board may ask for an address to determine if the speaker is a resident, noted Melissa Melewsky, an attorney with the Pennsylvania Newspaper Association, which advocates for government transparency.
"I don't think it's a bad thing," she said. "I think there are reasons the agency can ask for it."
She added it would "not be proper" for an agency to demand an address as a way to deter people from speaking
The cities of Allentown, Bethlehem and Easton all require speakers to identify themselves by name and address and the meeting minutes reflect that information. In the case of Allentown, the city staff will redact addresses at the request of speakers, according to council President Michael D'Amore.
Northampton County Council uses a sign-in sheet that asks for a speaker's name and address, but the addresses don't always make it into the official record.
"Whatever you put on the sign-in sheet, that's what we [put in the meeting minutes]," said Frank Flisser, council clerk.
"We webcast all meetings. They're in front of the whole world to see."
Lehigh County generally identifies a speaker as a "Lehigh County resident." The county, like many other local governments, identifies the addresses of people appointed to various government boards.
In Macungie's case, when speakers don't mention their address, the borough staff has used property records to get that information for the public record.
Guy Ramsey, Macungie Council president, initially told Jaccarino that the borough would honor future requests by residents to keep addresses out of the record. After further discussion with borough attorneys, he said, council reversed course.
"Our solicitor said we have an obligation to provide that information, that the only people that have a right to speak at borough council meetings are members of the community," Ramsey said. "The means by which we would verify that should be recorded in our minutes."
OF THE MORNING CALL
When Chris Jaccarino went before Macungie council in January to speak out about his rising tax bill, he knew he was putting himself in the spotlight. What he didn't realize was that his visit to the podium meant his home address would show up on the borough's website.
Jaccarino says the borough violated his privacy. Citing concerns about identity theft and other computer crimes, he's asked for his address to be removed from the public meeting record.
"In today's digital age, it's going to become more and more of a problem," Jaccarino told council in January.
Although the borough obliged him to an extent — it removed his house number from the minutes — council has no plans to change its long-standing practice.
The same holds true in neighboring Lower Macungie where one resident has suggested that thieves who recently stole her mail may have been aided by a letter she sent to the township that was posted on the Lower Macungie website as part of a meeting agenda.
A Morning Call survey of local governments shows that while policies and practices for identifying speakers at public meetings vary, boards and councils often require speakers to state their home address.
Lawyers and privacy advocates say loss of privacy is the risk citizens take when speaking in a public forum where every word is recorded and sometimes videotaped.
"If you are speaking in public at a meeting that is open to the public and during that meeting you provide information, the expectation normally is going to be that the information is going to be freely available," said Paul Stephens of the Privacy Rights Clearinghouse, a nonprofit consumer information and advocacy group. As some pointed out, addresses already are available in print and online phone directories, as well as in property records.
That's not the point, said Ann Friedenheim, the Lower Macungie resident whose mail was stolen. "If you're concerned about people's privacy, I'm not sure if a street address," should be posted on a government website, she said.
But the township is holding firm to its policy.
"It's so we know that they live in the township," Lower Macungie Manager Bruce Fosselman said. "If we have to contact them, we know how to get a hold of them. Sometimes, we'll need to write them a letter."
The state Sunshine Law, which sets the rules for public meetings, requires government agencies to identify speakers at public meetings and the subject of their comments. It does not require that addresses be recorded.
Both the Pennsylvania State Association of Boroughs and the Pennsylvania State Association of Township Supervisors do not make any suggestions to their members about including addresses.
Courtney Accurti, a spokeswoman for the boroughs group, said a council has the right to go beyond what's stated in the law and require addresses, and many do.
A board may ask for an address to determine if the speaker is a resident, noted Melissa Melewsky, an attorney with the Pennsylvania Newspaper Association, which advocates for government transparency.
"I don't think it's a bad thing," she said. "I think there are reasons the agency can ask for it."
She added it would "not be proper" for an agency to demand an address as a way to deter people from speaking
The cities of Allentown, Bethlehem and Easton all require speakers to identify themselves by name and address and the meeting minutes reflect that information. In the case of Allentown, the city staff will redact addresses at the request of speakers, according to council President Michael D'Amore.
Northampton County Council uses a sign-in sheet that asks for a speaker's name and address, but the addresses don't always make it into the official record.
"Whatever you put on the sign-in sheet, that's what we [put in the meeting minutes]," said Frank Flisser, council clerk.
"We webcast all meetings. They're in front of the whole world to see."
Lehigh County generally identifies a speaker as a "Lehigh County resident." The county, like many other local governments, identifies the addresses of people appointed to various government boards.
In Macungie's case, when speakers don't mention their address, the borough staff has used property records to get that information for the public record.
Guy Ramsey, Macungie Council president, initially told Jaccarino that the borough would honor future requests by residents to keep addresses out of the record. After further discussion with borough attorneys, he said, council reversed course.
"Our solicitor said we have an obligation to provide that information, that the only people that have a right to speak at borough council meetings are members of the community," Ramsey said. "The means by which we would verify that should be recorded in our minutes."
