Petrilla And Griffith Clash Over Sunshine Act

Joe Heller, Green Bay Press-Gazette

Luzerne County Controller Walter Griffith feels the county commissioners violated the Sunshine Act during a recent meeting of the minds. According to this report from Jennifer Learn-Andes of the Times Leader Griffith is considering legal action to prove his point.

Griffith said he has evidence that all three commissioners met behind closed doors on Nov. 24 to discuss formulation of the county’s proposed 2011 budget.

The Sunshine Act says deliberation by a quorum of an agency must occur at a public meeting unless it meets certain exceptions, such as discussions about some personnel issues, contract negotiations, property lease/purchases and litigation.

Griffith said controller’s office Solicitor Tom Mosca is reviewing the matter and would file the legal action at no additional cost to the county. Violations of the act call for a fine of up to $100, he said.

Commissioner Chairwoman Maryanne Petrilla told Griffith that commissioners are permitted to meet “as long as there’s no deliberation and no decisions made.”

“It’s not a violation of the Sunshine Act for us to be together,” she said.

But Griffith said Thursday that he’s confident that deliberation occurred because commissioners discussed their plans to alter the county’s proposed budget. If he proceeds with legal action, Griffith said he will seek testimony from management officials who attended that closed-door meeting, including county Budget/Finance Chief Tom Pribula, who has resigned effective Dec. 8.

The Pennsylvania Newspapers Association wrotethree articles dealing with Misconceptions about The Sunshine Act.

When an agency as defined in the Act (for example, a school board or a board of supervisors) has a prearranged gathering attended or participated in by a quorum of its members, the gathering is a meeting. You can call it a work session or a conference or getting together at the diner after the meeting or a fact-finding session, but it's nonetheless a meeting in the eyes of the law. The gathering place is a matter of complete indifference under the Sunshine Act's terms. A meeting can happen anywhere inside or outside a government building.

Meetings may or may not be open to the public. Whenever a meeting occurs for the purpose of deliberation or taking official action, it must be open to the public and all the formalities associated with a public meeting - notice, public participation, minute-taking, etc. - must be observed by the agency. Deliberation is defined in the Act as discussion for the purpose of making a decision about agency business. Official action is also a defined term, and it encompasses a broad range of activity including making recommendations or decisions, creating policy and voting.

It is hard for the ordinary person to understand Commissioner Petrilla's position. Discussion about the budget is deliberation regardless of whether some conclusion(forget a vote) came from that discussion.

Luzerne "Dysfunctional" County

It has been said on the street that Walter Griffith is a nut, plain and simple. I found the man to be somewhat aloof but by no means a nut. The perpetrators of such a claim seem to have an agenda to distract the citizens of Luzerne County from the very shenanigans that seem are "acceptable" to people like Maryanne Petrilla. That claim is made because it is Walter Griffith digging and exposing the inept actions of employees and department heads in the county, not Maryanne, she only responds. Her lack of proactive efforts to straighten out Luzerne County exemplifies why we see the contiuning shameless actions in the press.

In today's edition of the Times Leader Jennifer Learn-Andres details how Griffith exposes a van driver who does not possess a valid driver's license.

Griffith said he sent the county administration an e-mail demanding that the employee be terminated immediately. The employee was removed from driving Friday afternoon, pending further disciplinary review.

“This is a serious issue. This could have put the county in jeopardy,” Griffith said.

The county’s transportation department, operated jointly with Wyoming County, runs vans that provide transportation for the elderly and people with physical and mental disabilities.

County officials declined to name the female employee.

County Chief Clerk/Manager Doug Pape verified that the employee drove a van without a license.

The county had checked the employee’s license in November, and it was clean. Her license was later suspended after she received a ticket, Pape said. He wasn’t sure of the reason for the suspension but said the suspension has since been lifted.

However, the worker’s license expired Feb. 5. She applied for a new license and received it as of 4:30 p.m. Friday, Pape said.

Evidently things in Harrisburg aren't much better. Who did the vetting for the Sheriff nominee in Luzerne County? Had due diligence been performed his property tax situation would have been discovered but then again we are talking about the Rendell administration.

Ace reporter Jennifer Learn-Andes writes another report about the Sheriff nominee and his tax embarassment.

Luzerne County sheriff nominee John Gilligan owed $2,614 in taxes on his Wyoming property from 2008 and 2009.

Gilligan paid the debt around 4 p.m. Friday, shortly after discussing the matter with a reporter.

He acknowledged owing the debt when contacted, saying this was the first time he got behind in his taxes since he purchased the home in 1987.

Gilligan called back later, to say the taxes would be paid that afternoon.

He said he used to pay taxes through his mortgage and didn’t realize that the set-up had changed until he started receiving tax bills.

Gilligan said he appreciated the media inquiry because it prompted him to contact the tax claim office to see how much he owed.

According to tax claim records, Gilligan owed $997.69 from 2008 and $1,616.30 for 2009. Both bills include penalties, interest and costs.