News

August 1, 2008

Appeals board bans video, cell cameras

Media lawyer: Reassessment board subject to Sunshine Law, can’t forbid recordings.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Video cameras and camera cell phones have been banned from Luzerne County’s two reassessment centers, raising legal questions.

The county’s assessment appeals board implemented the ban earlier this week, apparently in response to Wilkes-Barre property owner Clyde Potter’s request to videotape his formal assessment appeal.

Formal appeals are open to the public.

Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association, said she does not believe the appeals board can ban recording devices.

“It sounds like they are an agency subject to the Sunshine Act, and the act says they can’t forbid cameras, video recorders or audio recorders at public meetings,” Melewsky said.

Appeals board members could not be reached for comment Thursday.

David Schwager, the board’s solicitor, said he was unaware of the ban. He said he will research the matter and provide an opinion to the appeals board if the board seeks his input.

Schwager noted that recordings of formal appeals won’t serve a purpose in future court challenges because the court hears the matter from scratch. For example, someone could attend a formal appeal and say nothing, and their silence would not prejudice their court challenge, he said.

Potter said he wanted to videotape his appeal on Monday for his own documentation.

He brought his Sony camcorder into the hearing and asked for permission to tape. One appeals board member and a reassessment company representative said they had no problem with the taping, but the remaining two appeals board members objected. One said she did not want to appear on the YouTube Web site.

Potter said he indicated that he would not misuse the videotape, but he did not press the matter because the board member became “combative.” He said he now questions whether his civil rights were violated.

Potter said he went to the same Plains Township reassessment center the next day because he mistakenly thought that was the date for his informal review on another property. That’s when he learned about the ban on camera phones and video recorders.

Potter said he brought the video recorder to the informal because it contained pictures of his property. The security worker said he would have to leave the video recorder at the door and could only retrieve it with permission from the informal reviewer.

At least one other property owner has been permitted to record an informal review. A Back Mountain resident said a few months ago that she made an audio recording of her review because she didn’t understand what was happening and wanted to replay the conversation and share it with others who may help her.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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