The Schuylkill County Commissioners voted Wednesday 2-1 to approve a policy that restrains public comment.

County Commissioner Gary Hess voted no, saying, “We need the people to speak.”

Hess did agree that decorum is needed.

The motion sets guidelines for public participation, and among other things, requires those participating virtually to submit their comments to the county clerk in writing within a specified time frame.

Another section says “other than by county clerk for the sole purpose of preparation of the meeting minutes, there shall be no recording of the meeting either by video or audio unless the person making such a recording first discloses that a recording is being made to the chair.”

‘Inappropriate barriers’

Melissa Melewsky, attorney with the Pennsylvania NewsMedia Association, said previously the changes are “inappropriate barriers to access” and “unreasonable.”

She said the imposed deadline will discourage the public from participating.

The Sunshine Law permits the recording of public meetings, which a Zoom meeting would be, she said.

“This again is another administrative barrier that I think runs afoul of the Sunshine Act,” she said.

Notice is not needed when recording at a public meeting.

Officials respond

Solicitor Alvin Marshall said he will look into the Sunshine Law and respond.

Commissioners’ Chairman Barron “Boots” Hetherington said the notice to record the meeting was not something he recommended.

“If that’s a problem, we can take it out,” Hetherington said.

Hess said he could not in his heart vote for the policy.

“The people’s voice means a lot to me,” Hess said.

Requiring those participating virtually to submit their comments in writing “is not good.” He questioned who would decide what comments would be read.

“I definitely would want to read the comments,” Hess said.

Hetherington said he “agrees with freedom of speech.”

He said constituents can contact him with concerns.

“Anyone who knows me knows I will listen,” he said.

He said a more orderly meeting is needed, the policy is one way to do that.

“The calls have gotten out of control,” he said.

Hetherington said his goal is “to serve all 140,000 residents.”

Halcovage said Hetherington runs the meeting as chair.

Public responds

Clerk of Courts Maria Casey again said the policy is an attempt to limit the public from commenting on matters of public concern, even sensitive topics such as the investigation into Halcovage. The county’s solicitor’s office and human resources office investigated and determined that Halcovage violated three county policies, sexual harassment, conduct and discipline and verbal and physical abuse. The investigation determined that if Halcovage was an employee he would be suspended and recommended he be terminated.

Halcovage has denied the accusations against him.

District Attorney Michael O’Pake referred the matter, because of a conflict of interest, to the state Attorney General to determine if criminal charges should be filed.

Casey said the policy is “grossly improper” and will be challenged legally.

Jeff Dunkel said the situation at the courthouse is “a disgrace to this county. This is a disgrace to the taxpayers.”

He reiterated comments from the Pennsylvania NewsMedia Association that notice is not needed to record at a public meeting.

“You are clearly violating people’s rights and it will not be tolerated,” Dunkel said.

“This policy is a bunch of horse crap,” Doug Litwhiler, Ringtown said.

Savas Logothetides, executive director of the Pottsville Area Development Corporation, said, “Just because Berks County has set a precedent does not mean that it’s right. I urge you to rethink this. I urge you to act in a more transparent manner, and I urge you to act with more respect toward your constituents then you’ve shown over the last couple of months.”