Lansford Borough’s solicitor on Wednesday defended a proposed policy regarding public comment at meetings and rules regarding recording the sessions.

Borough council discussed the proposed policy during a workshop meeting, but did not have it on its regular meeting agenda for a vote.

The proposed policy limits comments to Lansford residents and taxpayers, and those who wish to speak need to sign in before the meeting starts.

Solicitor Bob Yurchak said that the Sunshine Law allows for both residents and taxpayers of a community to comment at public meetings since 1998.

People from outside who are invited by council to speak are one thing, he said, while those who want to speak on various matters before council are another.

“I don’t think anybody in here would appreciate having someone knock on their door and tell them how to run their house,” he said. “That’s basically what would be happening.

“Someone from a neighboring community would be coming in to tell you how to act in your own community. I think that’s ridiculous.”

Council President Bruce Markovich had said during the workshop meeting the policy was an effort to curb people from outside the area from speaking.

Yurchak believes the policy is compliant with the law, and should be used in that way now.

Recording

As to recordings, Yurchak said no one is stopping anyone from recording the meetings.

He pointed to those videotaping and livestreaming the meeting for television broadcast and social media Wednesday evening. Both were positioned off to the sides of the room and they could see, Yurchak said.

“That’s not a problem,” he said, adding that he didn’t see a problem with those recording indicating that they are doing so and providing a name and contact information should something happen at a meeting.

“We may need that recording somewhere down the line,” he said. “How are we supposed to know who is recording unless we ask them to sign in first? No one is stopping anybody from recording.”

The Sunshine Law allows for people to record, but it also allows for an agency to adopt and enforce reasonable rules, he said.

“I don’t see that being an unreasonable use to have someone indicate what they’re doing and what they’re recording,” Yurchak said.

Councilman Joe Butrie said his comments when the policy was discussed went to an incident in which someone came into the borough office and spoke to staff and Markovich while recording the conversation.

Butrie said the state Borough’s Association told him recording without consent was illegal wiretapping, and that’s why he made the comment about people announcing that they’re recording during at a meeting.

“Maybe I overstepped my bounds,” he said. “But that’s why I did what I did.”

Yurchak also addressed the portion of the proposed policy that requests residents address the meeting chair, and not specific members of council. Melissa Melewsky, a media law attorney, found that provision raising Sunshine Act and First Amendment issues.

During council meeting’s Wednesday, a resident addressed the chair, who referred a matter to the proper chairperson, Yurchak said.

“That’s proper procedure. That is proper decorum for the conduct of a business meeting, which this is,” he said. “I don’t see how that could be constitutionally suspect by going through the chair who runs the meeting to refer to other council people who may have a better answer than he would have.

“That provides decorum and reasonableness.”

He also took issue with Melewsky’s assessment regarding taking action on agenda items, for which public comment was deferred, as council can table these matters, he said.

Yurchak then produced a copy of “Pennsylvania Sunshine Act: Question & Answers/A Reporter’s Manual,” which was penned by Melewsky.

Among the questions and answers was, “Can I record public meetings? Agencies can implement reasonable rules and regulation governing the conduct of public meetings, including recordings.”

“She wrote that,” Yurchak said.

He read the next question and answer, “Do agencies have to allow public comment at public meetings? Public comment can be limited to residents or taxpayers under the Sunshine Act. It is also important to note that time limits for public comment are widely used across the Commonwealth.”

“She wrote that also,” Yurchak said.

He also pointed out that communities require people to sign in with their name, address and the topic they wish to discuss, including Coaldale, Kidder Township, Panther Valley School Board and the Carbon Career & Technical Institute.

“What is so unreasonable about that?” he asked.

Yurchak did say that Lansford’s proposed policy needs to be tweaked, and agreed with one of Melewsky’s suggestions regarding not limiting public comment to agenda items, which she said was inconsistent with the Sunshine Law.

“I think she makes a legitimate point with that one,” Yurchak said. “Perhaps, we should either consider having two public comment sessions or else deleting the limitation to agenda items.”

Council will discuss the policy further at a special meeting, he said. Council plans to meet with Yurchak to discuss ordinance amendments and other policies.