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LEHIGH VALLEY WEATHER

Lawyer advising library board

The Coplay Public Library Board got a basic lesson on laws regarding open government at its last meeting.

At its Aug. 8 meeting, attorney John Stover – who was hired in July by the board on an as-needed basis at $165 per hour – presented the basics of the Pennsylvania Sunshine Act, which mandates open government.

"It looks like a lot of legalese but what you really need to know are two key definitions," said Stover, referring to "deliberation" and "official action," as he handed out copies of the law. "The general rule is that anything you do must be done in public."

At its June meeting, the board contended it was not violating the Sunshine Act by conducting library business behind closed doors. At that meeting, several board members said they "disagree" with certain provisions of the law.

No one challenged Stover, though he provided essentially the same information as provided by The Press.

Stover said the Sunshine Act allows the board to hold closed meetings, called "executive sessions" for items such as litigation and personnel. The executive session and the reason must be stated beforehand and no action can be taken during the executive session meeting.

"You must come out and make the decision publicly," Stover said. "It cannot be made in executive session."

The discussion also touched on a provision of the law that allows an employee to waive an executive session if the matter to be discussed could adversely affect him or her.

"The individual employees or appointees whose rights could be adversely affected may request in writing that matter or matters be discussed at an open meeting," reads a portion of Section 708(a)(1) of the law.

Stover confirmed the employee has the right to waive an executive session and ask that the matter be discussed in public.

The board still may discuss personnel in private and need not tell a particular employee the discussion is about him or her unless action will be taken against that employee, he said.

"Executive sessions give you the privilege of dealing with your laundry in private," said board member Charles Sodl.

Board President Janet Eisenhauer asked whether the employee has to be there when the decision is made in public.

Stover said the person has that right but is not required to be present.

He did not discuss exactly when or how a personnel discussion would become a situation in which the employee has to be notified.

On another matter regarding the Sunshine Act, Stover said the public is allowed to record meetings.

"It's even gone so far as video. You can't stop that," he said.

Stover also said the library board needs to advertise its meetings. Many boards advertise the year's meeting schedule once in January.

At Tuesday's borough council meeting, Councilman Bill Leiner Jr. asked if Stover was on the clock at the library board meeting.

Sodl said yes.

The library board meeting lasted more than two hours, plus members adjourned into executive session afterward, pushing the clock toward three hours and a $495 bill for legal services for the meeting alone.

"It was important to establish what is right and wrong," said Sodl adding library board members and employees were confused about executive sessions and who could or could not attend.

"I know it's an expense but I think you're going to find it's going to be worth it," Sodl said.

In a related matter, the library board voted to move the location of its monthly public meetings to council chambers.

The next meeting is set for 7 p.m. Sept. 12 at borough hall, 98 S. Fourth St.