Coronavirus disrupts area meeting plans
By KRISTIE LINDEN
klinden@yourmvi.com
Municipal meetings have become a tricky thing during the coronavirus pandemic, and some local leaders have found guidance from the state lacking.
The Centers for Disease Control and Prevention, the state Department of Health and all local agencies have banned gatherings of more than 10 people, which automatically puts just about every local government in the Mon Valley in a quandary.
Some councils and boards have canceled their meetings while they try to figure it out. Others have held virtual meetings using Facebook Live or website meeting applications such as Zoom. And some, like the City of McKeesport, continue to meet in person.
Allegheny County Health Department Director Dr. Debra Bogen said Tuesday she hasn’t specifically told municipalities to conduct meetings virtually.
“However, I would strongly encourage them to hold virtual meetings like we have been doing at the county health department for the past couple of weeks,” Bogen said.
Allegheny County Executive Rich Fitzgerald said county council has been holding virtual meetings and conferences for some time.
“(Meetings) obviously need to be held in a public setting, but they can be done virtually now under this pandemic,” Fitzgerald said.
The Sunshine Act does not address the issue of how to conduct public meetings that enable the public to participate during a pandemic, according to Melissa Melewsky, Media Law Counsel at the Pennsylvania NewsMedia Association.
“In the end, we are dealing with extraordinary circumstances that the law simply does not address,” Melewsky said. “So agencies and the public have to act reasonably and in line with the spirit of the law.”
The state’s Office of Open Records and the District Attorneys Association have offered guidance.
Essentially, those organizations agree that because this situation doesn’t seem like it will end soon, governments will need to figure out a way to hold meetings to conduct business.
“If an official emergency declaration prevents (meeting in public) from happening, a meeting via teleconference, webinar, or other electronic method that allows for two-way communication is generally permissible,” the Office of Open Records said in a statement. “Any agency taking that step must provide a reasonably accessible method for the public to participate and comment pursuant to … the Sunshine Act. That method should be clearly explained to the public in advance of and during the meeting.
“The OOR strongly recommend any agency that holds such a meeting should record it and make the recording available online so a full and complete record of the meeting is available to the public.”
Boroughs and third class cities require a majority of members to be physically present for purposes of determining a quorum, the OOR said, but state law offers options in emergency situations.
Chapter 75 of the Consolidated Statutes of Pennsylvania, Section 7501(d), states, in part, when the governor or the municipality itself has declared a disaster emergency, local governments are authorized to exercise their powers “in light of the (emergency situation) without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements)” in order to conduct business.
The OOR states that any such suspension of the need to comply with formal requirements must be related to the emergency in some way.
“We would recommend that when officials are not able to comply with the (Sunshine) Act, they seek other ways of complying with the spirit of the law, which is to ensure that the public at large has an opportunity to view their government in action,” the DAA said in a statement. “This may be accomplished through conference calls, video chats, transcription of meetings or otherwise recording the meeting and making the recording publicly available or otherwise accessible.”
The district attorneys also said public participation is a necessity and common sense should prevail.
“There may be no singular way to meet this statutory requirement, but no doubt government officials working together can identify ways to permit their constituents to have a voice in a manner that is achievable given whatever technology and other methods of communication are available in their communities,” the DAA states.
Melewsky said the Pennsylvania School Boards Association provided its member schools with Zoom accounts for the purpose of offering meetings that include public participation.
“Other local agencies are using various types of technology such as Facebook Live with public comments, conference calls with access provided to members of the public and other real-time technologies,” Melewsky said. “The critical part of the process is providing notice of the date, time, technology and means for public participation so that the public is aware of the change and can participate if they choose.”
In McKeesport, city council is set to meet at 7 p.m. today. Four council members, including President Rich Dellapenna, will attend in person, along with Mayor Michael Cherepko and Solicitor Jason Elash. Three other council members will participate by phone.
A city official said Tuesday that because the commonwealth hasn’t released definitive guidelines on how to conduct municipal meetings during the COVID-19 pandemic, McKeesport opted to proceed with tonight’s meeting.
The official said council members attending the meeting will practice social distancing and will be at least 6 feet apart at all times. Members of the media are welcome to attend. The public is being advised to adhere to CDC guidelines and comply with the governor’s stay-at-home order.
Members of the public are welcome to reach the mayor’s office by phone or email with any questions regarding agenda items or other matters in the city. The meeting agenda and minutes will be available at www.McKeesport-pa.gov, as they are each month. A decision has not yet been made about the format for future McKeesport council meetings.
Rostraver Township Board of Commissioners will meeting virtually at 6 p.m. today using the Zoom app. Visit www.rostraver.us to find directions for how to participate by phone or computer.
White Oak borough council will meet at 7 p.m. today, but the building will not be open to the public. Instead, the meeting will be live-streamed on the borough’s Facebook page, White Oak Borough, PA. Anyone who has questions for the public comments portion of the meeting can email them to whiteoak@woboro.come before 4 p.m. today so council can address them during the meeting.
Monessen city council has canceled its workshop meeting set for Monday due to Covid-19, according to Mayor Matt Shorraw. He said city officials are still working on a plan for the regular meeting scheduled for April 14.
Donora borough has canceled its scheduled workshop meeting set for Thursday and is still considering how to approach its scheduled voting meeting, which is planned for next Thursday.
Donora Mayor Jim McDonough said he is constantly in touch with council President Joe Greco and Solicitor Steve Toprani to do what’s best for borough residents.
McDonough said they are trying to find ways to hold virtual meetings and conduct business.
“I’m asking our residents, who are my main concern, that we are doing this in their best interest,” McDonough said.
