Why Bellefonte Borough Council’s controversial public comment changes are no longer in effect
A month after a controversial resolution to limit public comment at Bellefonte Borough Council meetings was passed, the changes are now null and void, with the borough’s manager apologizing for how they were put into place.
The resolution, which was passed on Aug. 5 by a vote of 5-4, required borough residents to register and show identification at the beginning of each meeting in order to speak during public comment. It also gave Borough Council the option to shut down or defer public comments if it determined they were “unusually long, the atmosphere has become unruly, or the comments become repetitive.”
The vote on the resolution was conducted without public comment, which councilwoman Joanne Tosti-Vasey — one of those who voted in opposition — said ran afoul of Pennsylvania’s Sunshine Act. According to that law, “agencies must provide a reasonable opportunity for residents and/or taxpayers to comment on an issue before a decision takes place.”
Per the recommendation of solicitor Jeffrey Stover, the resolution is now null and void, Tuesday’s agenda stated. Rules for public comment revert back to the previous public comment ordinance, which had not been changed since 2021. The policy allows public comment from Bellefonte residents, business owners and their employees, and representatives of nonprofits that affect the borough.
Borough Manager Ralph Stewart apologized for allowing the now-rescinded resolution to be passed.
“On Aug. 5 we passed a resolution that went to a vote, and I knew that we were making a mistake but I did not say anything and I apologize to council for that,” Stewart said. “It was kind of a heated meeting, we were kind of off our game, so to speak, and I do apologize for that — I should’ve caught it and said something to the council president, but I did not, and I wanted to publicly apologize for that.”
The proposal and passing of the resolution came after July’s council meeting, where about 12 people spoke for about 45 minutes to push for a resolution calling for a cease-fire in Gaza.
Melissa Melewsky — media law counsel for the Pennsylvania NewsMedia Association, of which the Centre Daily Times is a member — previously told the CDT that the policy itself was consistent with state law, but she questioned how it came about.
“The aspect that I find disturbing here is the fact that it appears to have been enacted as a result of public comments that the agency members might have found objectionable. Public comment policies must be reasonable and cannot be used as a means to discourage public comment,” Melewsky wrote in an email last month. “The fact that this policy was only enacted after public comment that apparently had the disapproval of elected officials raises a red flag.”
Borough resident Peter Serefine, who filed a lawsuit against Bellefonte borough for the alleged Sunshine Act violation, said during Tuesday’s meeting that the manager and council members who allowed the resolution to go through should still face consequences.
“The actions of the borough president, vice president and manager during the last meeting were deeply concerning. The three of you pushed through a resolution without allowing for public comment, even after you were warned that that was a violation of the Sunshine Laws,” Serefine said. “That raised a critical question: If you’re willing to do that in a public meeting on camera, what are you doing when the public can’t see you?”
He called for Stewart, council president Kent Bernier and vice president Barbara Dann to step down from the current positions. Serefine said he plans on moving forward with his lawsuit.
The next Bellefonte Borough Council work session will take place at 6:30 p.m. Sept. 16, followed by a business meeting at 7:30 p.m.