Sunshine Law dogs commission

KINGSTON – Home Rule Study Commission member Walter Griffith said he plans to file a lawsuit against the Luzerne County Home Rule Study Commission after he repeatedly told fellow commissioners during Wednesday’s meeting he believed they were violating the state’s Sunshine Act.

Griffith vowed not to attend another commission meeting until the issue was resolved over whether the commission is regulated by the Sunshine Law or the Home Rule Law.

He believes because the commission violated the Sunshine Law by not legally advertising its meetings and holding a closed-door meeting at the end of Wednesday’s session to discuss personnel matters.

“I think the commission has held three illegal meetings. The opinion of the Department of Community and Economic Development is that the meetings be advertised,” Griffith said during the regularly scheduled meeting.

Commission Chairman Jim Haggerty disagreed with Griffith. Haggerty, a lawyer and Kingston mayor, said the real question is whether the commission is considered an agency because the Sunshine Law only applies to agencies.

“The Home Rule and Optional Plans Law and the Sunshine Law are contradictory in several important aspects,” Haggerty said, adding that the commission has many obligations that are not under the Sunshine Law.

The commission has not purchased any advertisements because the commission has no money. The commission is funded through donations and the Luzerne County commissioners. The commission is expecting to receive funding approval from commissioners in mid-July, but until then it has no operating funds.

Haggerty suggested the commission get an opinion on the matter from a solicitor it plans to hire when it has the money.

The majority of other commissioner members agreed with him, as they voted 9 to 2, to seek the advice of a solicitor to determine which law governs the commission.

Griffith and board Treasurer Rick Morelli voted against the measure. Morelli said it would be best “to take the cautious way” and follow the Sunshine Law guidelines. Morelli noted previous commissions have followed the Sunshine Law guidelines.

Haggerty noted that the Sunshine Law says meetings must be advertised, but the newspapers have printed articles in advance noting when the meetings will be held.

The Budget Committee, Vice-Chairman Veronica Ciaruffoli, Haggerty and Morelli met earlier Wednesday with county Commissioner Maryanne Petrilla, County Chief Clerk/Manager Doug Pape and County Budget/Finance Chief Tom Pribula to discuss getting funding for the commission.

County leaders decided to pay for future advertisements for the commission until its budget is approved.

Griffith also believes the commission violated the Sunshine Law Wednesday night when it held a closed-door meeting to discuss hiring a clerical assistant.

After the regularly scheduled meeting the commission held a closed-door meeting to discuss the clerical assistant position. After reconvening the public meeting, the commission voted on two nominations for men seeking the post after reconvening in a public meeting. Jeffrey Niemiec was hired.

The commission was well within its bounds to hold the private meeting because the Home Rule Law and Sunshine Law allows the group to hold these meetings to conduct business necessary to get information needed to study how the county government operates, Haggerty said.