Dennis L. Veraldi
June 22, 2004
Via E-mail (firstname.lastname@example.org)
Glenn A. Walsh
Dear Mr. Walsh:
As General Counsel to Port Authority of Allegheny County
(“Port Authority”), I am responding to your letter of
In your letter to Mr. Brooks, you reference certain provisions of the Pennsylvania Sunshine Act (65 P.S. §§ 701, et seq.) which you maintain provide you with the right to appear and be heard at Port Authority Board meetings. Please be advised that your reliance on those sections of the Sunshine Act which you quote in your letter for this proposition is incorrect. The sections of the Sunshine Act which you cite in your letter are applicable to the board or counsel of a political subdivision or of an authority created by a political subdivision. Port Authority does not fit into either category.
In view of this plain statutory language, it would be
impossible to conclude that PAT is anything other than an agency of the
Commonwealth. PAT was created by the
Commonwealth, rather than by local government, and acts as an agency of the
Commonwealth (even though PAT’s Board is appointed by
Accordingly, I have advised Port Authority that Section
10.1 of the Sunshine Act does not require Port Authority to provide you with an
opportunity to be heard at its Board meeting of
Further, I have advised Port Authority that your request to object to Port Authority’s proceedings when the Board meeting agenda reaches the “New Business” section is equally inappropriate. This item in the agenda pertains only to the right of members of the Board to introduce new items of business. It does not provide for public comment. I have advised Mr. Brooks that if you attempt to verbally object to the proceeding when the Board meeting agenda reaches the New Business section, you should be ruled out of order and the meeting adjourned.
It is Port Authority’s position that you have been given a reasonable opportunity to make your views known at a prior meeting and that further input on this subject is not necessary at this time.
Thank you for your interest in Port Authority.
Very truly yours,
Dennis L. Veraldi
cc: John A. Brooks
bc: Joel L. Lennen