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Behind closed doors: County Council Democrats need sunshine
Tuesday, July 22, 2008

For years, Allegheny County Council Democrats have been holding closed-door meetings that appear to violate state law, and it's time to stop the practice.

Council President Rich Fitzgerald disclosed last week that the caucus -- which includes 11 of council's 15 members -- regularly meets to discuss county business in advance of council's public sessions. Many times, he said, there aren't enough members to constitute a quorum of eight.

But sometimes there are, and that violates the state open meetings law, known as the Sunshine Act, according to media lawyers who have studied the law.

Mr. Fitzgerald said no attempt has been made to keep the sessions secret, county lawyers have given them their OK, and in seven years he's never heard an assertion that they are improper. He also points out that County Council holds a lot of public meetings, and it schedules them in the evenings when the public is more easily able to attend.

But the law clearly defines public meetings as any "prearranged gathering of an agency" in which a quorum participates and is "held for the purpose of deliberating agency business or taking official actions." The law does not limit public oversight to sessions where votes are taken.

The Sunshine Act contains plenty of exceptions that allow governmental bodies to hold closed-door discussions about litigation, real estate deals and personnel matters, and it allows caucuses of the state Legislature to meet privately. But County Council caucus meetings, or any other sessions with eight or more members present, don't qualify.

It shouldn't take a court ruling to convince council to change this practice.

First published on July 22, 2008 at 12:00 am
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