EDITORIAL: Claim about Charleroi council is concerning
If what Charleroi Councilman Larry Celaschi is saying about his colleagues is true, then it’s inexcusable, and illegal.
Celaschi alleged at a recent meeting that some members of council are violating the state’s Sunshine Act by engaging in discussions that include borough business in group text messages.
“This council has demonstrated time and time again that it’s not bothered (by) conducting borough business illegally,” said Celaschi. “Whether it is violating the borough code or violating the Sunshine Law, this council continues to conduct borough business in a manner that is not appropriate.”
Council President Jerry Jericho replied that there were no violations of the law, adding, “If we send out text messages, they are strictly informational.”
Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, told the Observer-Reporter that elected officials can run afoul of the Sunshine Law by communicating through group emails or text messages, depending on the content of those communications.
“If there is a quorum (of council members) discussing agency business, the Sunshine Act applies regardless of whether that discussion takes place in person or via electronic communication technology,” she said. “It is also worth noting that there is no ‘informational’ exemption to the Sunshine Act, and every quorum discussion of agency business must be evaluated on its own merits.”
Jericho questioned why group text messages would not be permitted, but Melewsky said such group communication, whether it be by text or email, is “inconsistent with the letter and intent of the Sunshine Act.”
Celaschi provided copies of text messages to borough solicitor Steve Toprani, but the solicitor said they were incomplete and out of order, so he had difficulty determining the full context of the online discussions. To his credit, Toprani said he intends to get a complete copy of the text message transcripts so that he can view them and determine if the Sunshine Act was violated.
When it comes to the Sunshine Act, an abundance of caution is advisable. The public’s business should always be conducted in public.