January is a time of reflection, of resolve. It is a chance to reaffirm integrity, settle on solutions, and the time to take a determined approach to being better than last year.
Many personal new year resolutions are made each year, but by February they have been broken. In government, the past ways of conducting business creep back in before the first week of January ends.
James Madison made a striking point about public access to information about the actions of government and how they are essential to our democracy way back in 1832. His words are seldom reprinted in the paper, “A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own governors, must arm themselves with the power which knowledge gives.”
Every action creates a moment in the eye of the public in which trust can be broken, as has happened in past reorganizational meetings. Calls from the public, across the region, for more transparency and less vitriol have prompted The Era to include more educational pieces about municipal government in an effort to broaden the knowledge of all involved — from those serving in office to the residents in their charge.
Municipal governments across the region will hold reorganization meetings on the first Tuesday of January. These are important open-to-the-public meetings many residents don’t know about and don’t know what happens during them.
Public officials and employees must adhere to ethical standards set by the Pennsylvania State Ethics Commission. A 23-page pamphlet is available online which details every aspect of ethics from the standpoint of “public office is a public trust…” and “The Ethics Act applies to elected and appointed public officials and public employees.”
As part of every reorganization meeting, newly elected, appointed, and re-elected public officials are sworn in. The swearing in may take place prior to the actual meeting. It depends on the type of municipality as to who swears in the officials. Borough mayors, after they have been sworn in, can then administer the oath of office for others in their roles. For second class townships, a judge, district justice or in some circumstances, a notary can administer the oath of office. Each oath of office is to be kept on file by the township secretary.
However, the first order of business during a reorganization meeting is always to elect the chairperson. To do this, often the solicitor will call the meeting to order and then take nominations, which do not need to be seconded, before a vote is taken. Once a chair is in place, the meeting is turned over to them and he or she leads the remainder of the meeting – to include the nominations for and voting of the vice chairperson.
Note that according to the Pennsylvania State Association of Township Supervisors (PSATS), a secretary and treasurer should be appointed at this time, and that, “The board may appoint one person to serve as secretary/treasurer or separate the powers and appoint different people to the positions of secretary and treasurer. Township supervisors may be considered for these jobs.” Every year, township treasurers and managers must be bonded, which usually happens during the reorganization as well. Per PSATS, compensation of the secretary and/or treasurer is set by the board, unless the position is filled by a supervisor then it is set by the auditors.
However, one of the frequently asked questions of the Ethics Commission concerns former public officials/employees in a “revolving door” venture with local government. The Ethics Act includes a 1-year provision that “prohibits a former public official/public employee from representing a person (including themselves) for compensation before the official/employee’s former governmental body for one year after the official/employee leaves service. The terms “person” and “represent” are broadly defined and would include a former employee returning as an independent contractor. Caution should be taken when one considers leaving public service and engaging in any business ventures with a former governmental entity.”
Another question that always comes up during meetings, concerns conflicts of interest and how to vote correctly. Tie-breaking in cases of conflicts of interest, when it comes to voting, according to the Ethics Commission, is done by allowing the official with the conflict to vote — under the following conditions: For governing bodies of three members or for those with more than three, the conditions are similar.
Governing bodies of more than three where a public official/employee, required to vote, which would result in a conflict of interest must abstain. And, prior to the vote being taken, must publicly announce and disclose the nature of his/her interest as public record in a written memo, filed with the recorder of minutes when the vote is taken. If the governing body is unable to take any action before it due to too few members of the body required, keeps them below the majority or legally required vote of approval unattainable — then the member who abstained shall be permitted to vote. However, the disclosures must still have been made prior.
“In the case of a three-member governing body of a political subdivision, where one member has abstained from voting as a result of a conflict of interest and the remaining two members of the governing body have cast opposing votes, the member who has abstained shall be permitted to vote to break the tie vote if disclosure is made as otherwise provided herein.”
As the reorganization meeting continues, so do elections and appointments.
Any appointments to positions within the municipality should be made during the reorganization meeting. They can be done by a resolution, one at a time; or, a list of appointments can be one resolution. At this time, if the fiscal budget did not set wages, wages are set by resolution.
Per PSATS, “The annual appointment or reappointment of employees other than the secretary and/or treasurer and supervisors employed by the township is not mandatory but is standard procedure for many townships at this meeting. The board should set wages for employees such as roadmaster, road crew, police chief and clerical workers, if these were not previously established in the budget.”
Most governmental meetings make an attempt to follow Robert’s Rules of Order. These guidelines allow for meaningful discussion and open conversation, while maintaining a sense of decorum and fairness during meetings. Each organization is free to modify as needed for their purposes and leadership needs.
A few actions and procedures included in the guide are summarized here, though many more are available: A main motion must be moved, seconded, and stated by the chair before it can be discussed; An official who wants to move, second, or speak to a motion, stand and address the chair; An official who approves the motion as is, vote for it; An official who disapproves the motion, vote against it; An official who approves the idea of the motion but wants to change it, amend it or submit a substitute for it; An official who feels that the pending question(s) should be delayed so more urgent business can be considered, moves to lay the motion on the table; An official who wants time to think the motion over, moves that consideration be deferred to a certain time; An official who thinks that further discussion is unnecessary, move the previous question.
