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    Home Archives PNA attorney: Riel can attend executive sessions
    PNA attorney: Riel can attend executive sessions
    Archives
    November 29, 2006

    PNA attorney: Riel can attend executive sessions

    By Marcie Schellhammer

    marcie@bradfordera.com

    It appears as though Tom Riel may be able to participate in
    executive sessions for Bradford City Council, despite a vote to the
    contrary Tuesday by the other four council members.

    On Wednesday, The Era pursued the matter with the Pennsylvania
    Newspaper Association’s legal help line, and found that Third Class
    City Code does not allow for council members to govern each
    other.

    “They are not responsible for internal governance,” said Melissa
    Melewsky, media law attorney for the PNA. Under the Sunshine Law,
    all members of the council must be notified of an executive
    session.

    “Members who fail to notify him are in violation of the Sunshine
    Law and are subject to its penalties,” she added. Censuring a
    fellow council member by banning him from executive sessions is not
    permitted, Melewsky said.

    “The City Code enumerates some powers and abilities and rights”
    of the council, she said. “That is not one of them.

    “The will of the people put him there, the will of the people
    will keep him there until his term expires,” Melewsky said. He
    answers to the voters, not the other council members, she
    added.

    “If this is not what the other members of the council want to
    hear, too bad.”

    And, she added, it is not specifically prohibited under the
    Sunshine Law for Riel to talk about what happened in the executive
    session, as Mayor Michele Corignani alleges he has done.

    “If I were him, I would certainly make a point to attend every
    executive session,” Melewsky said.

    City Solicitor Mark Hollenbeck, who was present Tuesday when the
    council members cast the votes banning Riel from the executive
    sessions, had no comment Wednesday on Melewsky’s legal
    opinions.

    Riel, however, did comment.

    “That nonsense (Tuesday) night will only make me stronger in my
    resolve to shake up city government,” Riel said. “I was elected
    because people want change.

    “The other council members seemingly don’t want to change
    anything. They are more concerned with turning these cat hearings
    into the Nuremberg trials than trying to find ways to cut spending
    so they don’t have to raise taxes,” he added, referring to the
    ongoing hearings regarding appeals in Board of Health citations
    against people for feeding and sheltering feral cats.

    “I think it’s foolish to think just because I was elected I’m
    going to completely change what I stand for. How can city council
    be open and honest when members don’t even return phone calls or
    think the public has a right to know what’s on council agendas or
    even that a tax increase is looming?

    “I don’t regret trying to inform the public about a tax increase
    before it was voted on,” he said. And contrary to Corignani’s
    accusations at the meeting, Riel says he has remained true to his
    election platform of open access to information.

    “They want everybody on city council to be in harmony. Well
    guess what, I didn’t get elected to sing in the city hall choir.
    Our town has got some serious problems – besides cat problems –
    that need to be addressed.”

    Calling the council’s onslaught against him a “mass public
    personal lynching,” Riel said the voters can decide next year what
    they want the makeup of council to be.

    Ross Neidich, Dan Costello and Corignani’s seats will all be up
    for election.

    At Tuesday’s council meeting, Riel was attacked by Neidich,
    Costello, Corignani and Councilman Bob Onuffer for comments he made
    to The Era in a previous article regarding money saving ideas for
    the city budget. His ideas including fitness programs for city
    employees, which was taken by the council members to be an attack
    on the city fire department.

    Also, the council members alleged that Riel has gone public with
    information from executive sessions that should have remained
    confidential, discussed a tax increase with the media before
    council had approved it and discussed business with someone with
    whom the city is involved in litigation.

    They brought up the fact that Riel is still involved in
    litigation over the city’s sign and Historic District laws, that
    Riel’s wife opened a business in Foster Township instead of within
    the city limits and that he co-owns a building on Mechanic Street
    on which the taxes were not immediately paid.

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