Telephone:
412-561-7876
Electronic
Mail: < gawalsh@planetarium.cc
>
Internet
Web Site: < https://andrewcarnegie2.tripod.com/transit
>
2004
June 15
Mr. John
A. Brooks, Chairman, Board of Directors
Port
Authority of
Heinz 57
Center
345
RE:
Dear Mr.
Brooks:
I am in
receipt of your letter of June 11, which replies to my request to address the
Board of Directors of the Port Authority of Allegheny County at the June 25
Board meeting. In particular, I note the first sentence of your letter:
“Regarding
your letter of
The
Official action and deliberations by a quorum
of the members of an agency shall take place at a meeting open to the public
unless closed under section 7 (relating to exceptions to open meetings), 8
(relating to executive sessions) or 12 (relating to General Assembly meetings
covered).”
Nothing in this act shall prohibit the agency
from adopting, by official action, the rules and regulations necessary for the
conduct of its meetings and the maintenance of order. The rules and regulations
shall not be made to violate the intent of this act.”
(a) General Rule.--Except as provided in subsection (d), the board or council of a political subdivision or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting. If the board or council determines that there is not sufficient time at a meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment, the board or council may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting. The board or council has the option to accept all public comment at the beginning of the meeting.”
Section 10
permits a public agency or authority to adopt “the rules and regulations
necessary for the conduct of its meetings and the maintenance of order.” The
Port Authority of Allegheny County has done so with the Port Authority of Allegheny County Board Policy
governing presentation by members of the public to the Board [located at
Internet web address: < http://www.portauthority.org/grow/pgboardPolicy.asp
>].
Mr. John A. Brooks 2004 June 15 Page 2
of 2
However,
Section 10 also emphasizes that:
“The rules and regulations shall not be made
to violate the intent of this act.”
Section 10.1 clearly states:
“the board or council of...an authority…
shall provide a reasonable opportunity at each
advertised regular meeting and advertised special meeting for residents…
or for taxpayers… or for both to comment on matters of concern…”
As with public meetings of Pittsburgh City
Council, Allegheny County Council, Allegheny Regional Asset District, etc., any
resident of the Port Authority Transit service area (which encompasses area
beyond the boundary of the County of Allegheny) has the right, under the
Pennsylvania Sunshine Act, to address the Port Authority Board at any—or every—publicly advertised meeting of
the Board of Directors, provided they comply with the regulations set forth in
the Board Policy.
My letter of June 9 complied fully with this
Board Policy. Hence, Mr. Brooks, your denial of my request to speak before the
Port Authority Board on June 25 , or at
any advertised public meeting, is in violation of Section 10.1 Part a of
the Pennsylvania Sunshine Act.
Now, Section 10.1 Part c. of the Sunshine Act
provides:
“(c)
Objection.--Any person has the right to raise an objection at any time to a perceived
violation of this act at any meeting of a board or council of a political
subdivision or an authority created by a political subdivision.”
So, if your
decision is not reconsidered, I have the
right under the
Due to these provisions of the Pennsylvania
Sunshine Act, I, respectfully, ask that you reconsider your decision denying my
request to address the Board on June 25.
Sincerely
yours,
Glenn A.
Walsh
gaw
Enclosures: Letter to Glenn A. Walsh from John A.
Brooks, 2004 June 11
Letter to John
A. Brooks from Glenn A. Walsh, 2004 June 9
Copy: Members of the Board of Directors, Port
Authority of
Dennis L. Veraldi, General
Counsel, Port Authority of
Dan Onorato, Chief Executive,
Members, County Council,
Ed Rendell, Governor,
Bob O’Connor, Pennsylvania
Governor’s Representative in
Local Delegation: Pennsylvania
General Assembly
Local Delegation: Congress of
the
News Media in
Public Transit Advocates and
other interested parties
