Friends of the Zeiss
Telephone: 412-561-7876
Electronic Mail: < friendsofthezeiss@planetarium.cc >
Internet Web Site: < http://www.planetarium.cc >
2006 December 12
Members of the Council of the
City of
Dear Council Members:
On Monday, City Council held a
“Post-Agenda” session on funding for The Carnegie Library of Pittsburgh. As
with all Post-Agenda sessions, this session was open to the general public.
This was also one of the relatively few Post-Agenda sessions that was broadcast
on the City’s Government Communications Cable Television Channel, City Channel Pittsburgh, on Comcast
channel 13.
However, I only found out
about this Post-Agenda session, inadvertently,
when two people who attended the December 5 regular legislative session of City
Council, where the Post-Agenda time and date was announced, informed me of the
meeting. I did not attend the December 5 meeting, as I was scheduled to attend
another meeting at that time.
As with many of the
Post-Agenda sessions held in the past, the December 11 Post-Agenda included
discussion of important City business, including the request for significant
City funding from a major City institution. Yet few people knew this
Post-Agenda would occur since it was not posted or advertised in any public
location.
I discussed this matter with
the City Clerk, and she informs me that the City Law Department has told her
that posting or advertising the date and time of Post-Agenda sessions is not
legally required. I would disagree with this legal interpretation.
From my reading of the
Pennsylvania Sunshine Act, the difference seems to be in the interpretation of
a “deliberation” versus a “conference.” I would strongly argue that most
Post-Agendas held by City Council are deliberations, as the discussions usually
lead to some type of decision regarding City business.
Certainly, The Carnegie
Library of Pittsburgh expected that the December 11 discussion may lead to a
decision regarding additional library funding. The fact that there is no
imminent decision on additional funding for the library system does not mean
that this discussion would not contribute to additional library funding some
time in the future—perhaps, the not-too-distant future.
Further, I note that the City
Council President, on December 11, made an extra effort to ensure that a quorum
of City Council members attended this Post-Agenda. Along with the decision to
televise this Post-Agenda session, this is another indication that the meeting
was to include discussion of significant City business. And, any time there is
a major financial request of the City, particularly by a major City
institution, this certainly has to be considered important public business that
City residents would want to know about.
Members of the Council of the
City of Pittsburgh 2006
December 12 Page 2 of 2
Now, at this time, I am not
asking for the City Law Department to reevaluate whether these Post-Agenda
sessions fall under the public notice requirements of the Pennsylvania Sunshine
Act. I believe they do. However, a new legal interpretation that agrees with my
assessment would mean that the City would have to spend additional money
legally advertising these Post-Agenda sessions.
It is not my wish to compel
additional City expenditures, particularly considering the current financial
condition of the City. And, although legal advertisements were once a quite
necessary communications tool, today they are no-where-near as
consumer-friendly as notice on an Internet web site.
I am asking that, from now
on, all Post-Agenda sessions of Pittsburgh City Council receive notice, of
their date, time, and location, on the regular City Council bulletin board
postings and on the “Schedules” page of the “Meetings and Minutes” section of
the City Council web site. This would provide adequate notice of Post-Agenda
sessions to the general public, involving little expense to the City Clerk’s
Office.
I, respectfully, ask that you
instruct the City Clerk’s Office to provide such public notice of all future Post-Agenda
sessions.
Sincerely yours,
Glenn A. Walsh
Project Director
gaw
Copy: David Tessitor