My Letter to the Editor........I am writing with regard to the article Board chastises council for 5pm rule Saturday March 8, 2014 in which the Charter Board stated in its final opinion This is an inherent power vested in everybody allowing it to control its own meetings when stating its rational about City Councils ability to manage its meetings. We are in agreement, but outdated frameworks for participation and cutbacks in services have soured the relationship between citizens and their governments. The Charter went to the voters in 1993 with Section 213 in it which included guarantees that are provided to ensure public participation. In 1996 the Charter law took effect. The Charter Board cited Section 65 Pa.C.S.A. § 710.1. Public participation as its rational but failed to mention Section 65 Pa.C.S.A. § 710. Which states, Nothing in this chapter 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 chapter. The Sunshine law is a base line for public participation. Municipalities can enhance the publics role which the electorate of Reading did in 1993. Amendment 1 Section 1a.) states in part The wording of the Charter, and acts pursuant to it,shall in all cases be strictly construed so as to effectuate its clear intent. In the past the Board has adhered to that. The Charter Boards ruling was clearly an attempt to rewrite Section 213 of the Home Rule Charter.This sort of judicial activism based on personal or political considerations rather than on existing law can not be tolerated. If Council wants better latitude to manage its meetings it has to go through the same process the citizens had to and change Section 213 of the Charter through referendum.
Posted on: Sat, 15 Mar 2014 14:26:16 +0000
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