Planning commission's minute-taking policy questioned
March 14, 2013 Sunshine Act
By WARREN HOWELER
(Sayre) Morning Times Editor
SAYRE — The media law counsel for the Pennsylvania NewsMedia Association is questioning the minute-taking policy of the Sayre Borough Planning Corrlmission and whether its policy is compliant with what is required under Pennsylvania's Sunshine Law.
The issue stems from two [Right to Know Law] requests filed by the Morning Times with the Borough of Sayre seeking both meeting minutes and annual reports of the planning commission.
The requests were filed with Borough Manager David Jarrett on Feb. 6 and Feb. 26. Jarrett is the borough's Right To Know officer as appointed by the council under state law.
The Feb. 6 request focused on the planning commission's meeting minutes from Jan. 1, 2011 and Dec. 31,2012, as well as its 2011 and 2012 annual reports.
The Feb. 26 request requested additional information, such as the commission's meeting minutes from Jan. 1, 2007 to Dec. 1, 2010 as well as its annual reports from 2005 to 2010 and the sign-in sheets for its meetings on Feb. 12 and 19, 2013.
These requests were made to gather information on the development of a proposed residential-transitional zoning district in the borough as well as verify claims made by the borough planning commission that it had put together a series of proposed updates to the municipality's zoning ordinance.
The borough was able to supply the Times with some of the information requested — specifically, 25 sets of meeting minutes over the five-year time frame set. The planning commission is scheduled to meet twice a month, according to legal notices submitted by the borough.
However, the information provided by the borough does not include the sign-in sheets requested for the commission's meetings on Feb. 12 and 19,2 013, nor does it include any annual reports.
In an e-mail to the Times dated March 11, Jarrett stated that he was unable to find the information "you requested regarding planning commission minutes from 2007 through 2010 or any of the annual reports you requested."
Jarrett noted in his e-mail that he had contacted Planning Commission Chairwoman Barbara Ault to see if she had any of the items that the Times was requesting. He included her response in his e-mail:
"As you know, the only times there are formal minutes of planning commission meetings are when a recommendation is being made to the zoning hearing board,'' said Ault.
"The exception was during the CVS discussions when council had Ms. (Liz) Fice cover the meetings so they could be fully informed. Shortly after. Ms. Fice no longer attended the meetings and there are only notes from which the formal proposals were drafted and sent to council. These included definitions transitional/residential district including other recommended map changes, recommended changes to all residential and commercial districts as well as removal of references to on lot sewer systems and the airport. If you would like these notes (there are several hundred pages) I can bring them over and have them copied."
The Times forwarded this response to Melissa Melewsky, who is the media law counsel for the Pennsylvania NewsMedia Association.
"From a Sunshine Act perspective, the minute-keeping policy — or lack thereof — raises compliance issues," she said. "The Sunshine Act requires minutes to be kept at all public meetings, not just meetings where official action or recommendations take place. The minutes are required to contain —·at a minimum — the date, time and place of the meeting: the members present; the substance of all official actions and a record of roll call votes taken; and the names of all citizens who appeared officially and the subject of their testimony. Many agencies include other information as well."
On Tuesday, the Times submitted another [RTK] request with the borough — this time requesting any and all notes held by Planning Commission Chairwoman Ault conceming commission activities from 2010 to March 2013. Under state law, the borough has five business days to respond to this request.
According to the borough ordinance that created the planning commission, that board is required to maintain and keep on file records of its actions with such records and files being left in the possession of the Sayre Rorough Council.
Additionally, the commission is required to submit a written annual report to the council on or before March 1 of each year that details the previous year's activities.
(Sayre) Morning Times Editor
SAYRE — The media law counsel for the Pennsylvania NewsMedia Association is questioning the minute-taking policy of the Sayre Borough Planning Corrlmission and whether its policy is compliant with what is required under Pennsylvania's Sunshine Law.
The issue stems from two [Right to Know Law] requests filed by the Morning Times with the Borough of Sayre seeking both meeting minutes and annual reports of the planning commission.
The requests were filed with Borough Manager David Jarrett on Feb. 6 and Feb. 26. Jarrett is the borough's Right To Know officer as appointed by the council under state law.
The Feb. 6 request focused on the planning commission's meeting minutes from Jan. 1, 2011 and Dec. 31,2012, as well as its 2011 and 2012 annual reports.
The Feb. 26 request requested additional information, such as the commission's meeting minutes from Jan. 1, 2007 to Dec. 1, 2010 as well as its annual reports from 2005 to 2010 and the sign-in sheets for its meetings on Feb. 12 and 19, 2013.
These requests were made to gather information on the development of a proposed residential-transitional zoning district in the borough as well as verify claims made by the borough planning commission that it had put together a series of proposed updates to the municipality's zoning ordinance.
The borough was able to supply the Times with some of the information requested — specifically, 25 sets of meeting minutes over the five-year time frame set. The planning commission is scheduled to meet twice a month, according to legal notices submitted by the borough.
However, the information provided by the borough does not include the sign-in sheets requested for the commission's meetings on Feb. 12 and 19,2 013, nor does it include any annual reports.
In an e-mail to the Times dated March 11, Jarrett stated that he was unable to find the information "you requested regarding planning commission minutes from 2007 through 2010 or any of the annual reports you requested."
Jarrett noted in his e-mail that he had contacted Planning Commission Chairwoman Barbara Ault to see if she had any of the items that the Times was requesting. He included her response in his e-mail:
"As you know, the only times there are formal minutes of planning commission meetings are when a recommendation is being made to the zoning hearing board,'' said Ault.
"The exception was during the CVS discussions when council had Ms. (Liz) Fice cover the meetings so they could be fully informed. Shortly after. Ms. Fice no longer attended the meetings and there are only notes from which the formal proposals were drafted and sent to council. These included definitions transitional/residential district including other recommended map changes, recommended changes to all residential and commercial districts as well as removal of references to on lot sewer systems and the airport. If you would like these notes (there are several hundred pages) I can bring them over and have them copied."
The Times forwarded this response to Melissa Melewsky, who is the media law counsel for the Pennsylvania NewsMedia Association.
"From a Sunshine Act perspective, the minute-keeping policy — or lack thereof — raises compliance issues," she said. "The Sunshine Act requires minutes to be kept at all public meetings, not just meetings where official action or recommendations take place. The minutes are required to contain —·at a minimum — the date, time and place of the meeting: the members present; the substance of all official actions and a record of roll call votes taken; and the names of all citizens who appeared officially and the subject of their testimony. Many agencies include other information as well."
On Tuesday, the Times submitted another [RTK] request with the borough — this time requesting any and all notes held by Planning Commission Chairwoman Ault conceming commission activities from 2010 to March 2013. Under state law, the borough has five business days to respond to this request.
According to the borough ordinance that created the planning commission, that board is required to maintain and keep on file records of its actions with such records and files being left in the possession of the Sayre Rorough Council.
Additionally, the commission is required to submit a written annual report to the council on or before March 1 of each year that details the previous year's activities.
