Potential PA Sunshine Law Violations in Pottsville's Mayor Announcement

Overview of the Allegations

The City of Pottsville may have violated Pennsylvania’s Sunshine Act by issuing a press release on Tuesday morning announcing that Mark Atkinson would be the new Mayor. This announcement suggests that City Council members have already made a decision to appoint Atkinson as the replacement for Dave Clews, who resigned earlier this month.

Sunshine Act Requirements

The Sunshine Act mandates that any voting must occur in public, prohibiting council members or public board members from discussing or deliberating their votes or forming a consensus behind closed doors. By declaring Atkinson’s appointment as the new Mayor, the City Council appears to indicate that these discussions occurred out of the public eye, constituting a clear violation of the Sunshine Act.

Pottsville has advertised this special meeting in the Oct. 23 edition of the Republican Herald, as required by the Sunshine Act. During Wednesday’s meeting, Atkinson is expected to resign from his City Council seat, and the remaining council members will have 30 days to appoint a replacement.

Advertisement of the Special Meeting

Third-Class City Code Compliance

The procedure for filling a vacancy left by a resigning council member or Mayor follows the same guidelines under the Third Class City Code, which applies to Pottsville. A recent order issued by Schuylkill County Judge Christina Hale has halted the planned swearing-in ceremony for Pottsville’s new Mayor.

Emergency Injunction Filed

Bobby Weaver Jr. sought an emergency injunction on Wednesday, arguing that proceeding with the ceremony would violate the Pennsylvania Sunshine Act. Mark Atkinson was announced on Tuesday as the likely next Mayor of Pottsville following Dave Clews’ resignation for health reasons.

Public Meeting Requirements

According to Pennsylvania’s Third-Class City Code, the remaining City Council members must vote for Clews’ replacement within 30 days, and this vote must take place during a public meeting. While Pottsville advertised the special public meeting on Oct. 23, the city also sent out a press release on Tuesday announcing that Atkinson would be sworn in as the new Mayor at 4:30 p.m. Wednesday.

Implications of Private Deliberations

This announcement implies that City Council members met privately to reach a consensus on their choice for the next Mayor, which appears to violate the Sunshine Act. Judge Hale’s order states: “The City of Pottsville is enjoined from conducting the swearing-in ceremony of Mark Atkinson pending argument on the within Motion for Injunctive Relief. Any and all official actions taken at this meeting, including the appointment of Mark Atkinson to the vacated elected position of Mayor of Pottsville shall be invalidated.”

Upcoming Hearing

A hearing on this issue has been set for Nov. 6, 2024, at 9:30 a.m. in Schuylkill County Court of Common Pleas.

Public Comment Opportunity

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