McKeesport, ACLU reach deal on meeting access

By JEFF STITT

jstitt@yourmvi.com

The City of McKeesport and residents represented by the American Civil Liberties Union of Pennsylvania and other attorneys have reached an agreement, seemingly bringing an end to a dispute over public access to council meetings.

As a result of a consent order signed Tuesday by attorneys representing each side, the public will be able to observe council meetings live via at least an audio stream, will remain able to submit public comment in advance via mail or email and will be given the opportunity to be heard from or have their comments addressed in real time during meetings.

With representation from the ACLU and the Pittsburgh law firm Saul Ewing Arnstein & Lehr, local activists with the community group Take Action Mon Valley filed a lawsuit last week claiming McKeesport and its council were in violation of the state Sunshine Act when residents arrived in January to find the doors locked at the Public Safety Building, where council chambers are located.

TAMV was co-founded by former McKeesport Councilwoman Fawn Walker-Montgomery, who is one of the four city residents who filed the lawsuit. She was joined by Courtney Thompkins, Tracey Jordan and Janina Riley.

The group said the city violated the Sunshine Act when it didn’t permit residents to offer public comment in person at the Jan. 6 meeting, even though the city included a notice in a December legal meeting notice in the Mon Valley Independent and on the city website stating that the meeting was closed to the public as a result of concerns about the spread of COVID-19 and that those wishing to submit public comment could do so in advance of the meeting.

Mayor Michael Cherepko last week argued the city was adhering to state Act 15 of 2020, which in part provides guidelines for how public meetings of government bodies can and should be held while COVID-19 mitigation efforts and emergency orders concerning building occupancy limit numbers and the number of people permitted at gatherings were in effect.

Cherepko said the city was under the impression it was adhering to Act 15 by posting notice of the meeting being closed to the public in the newspaper of record and on the city website, by posting agendas to the city website in advance of the meeting, by permitting residents to submit public comment in advance, by taking meeting minutes, which will be posted online after approval, and permitting members of the press inside chambers during meetings.

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