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Macungie Council may be in Violation of State Law

Council President Jean Nagle changes the order of the meeting agenda without a vote, and that could be a problem.

 

A month ago, at the second monthly meeting of Macungie Council, Vice President Greg Hutchison was set to take over while President Jean Nagle was on vacation.

Ultimately the meeting was cancelled since a quorum could not be assembled, but in the process of preparing for the meeting, Hutchison dropped the public comment component of the Aug. 20 meeting to the end of the line up, just before executive session and adjournment.

For the Sept. 4 meeting, Nagle kept public comment at the end. Council members Christopher Becker, Joseph Sikorski and Debra Cope protested publicly.

And Monday night, Nagle again relegated public comment to the very end of the meeting.

But this time the agenda was on the agenda.

Cope said she had contacted the Pennsylvania State Association of Boroughs to research the issue.

"The president  and vice president do not have the authority to change the order of an agenda," Cope said, clarifying that occasional agenda changes are made to accommodate people or groups.

But according to the PSAB, permanently changing the agenda without a council vote is illegal, Cope said.

Nagle told Cope she was wrong, that the council president could change the agenda because the president and vice president have the right to change the order so council can get on with the business of the borough in an orderly fashion.

Cope allowed as how the Monday's meeting and the Sept. 4 meeting were more orderly than when the public comment segment led the agenda.

"But it's just wrong to make people wait three or four hours before they can make a public comment," she said.

Becker agreed, saying there are many issues he has wanted to present to council, but the lengthy public comment portion of the meeting uses up the time he would rather be spending making Macungie a better place.

Becker doesn't like the unsuitable comments that have become more and more common at Macungie Borough Council meetings, but said he fundamentally agrees with Cope.

"But I got elected to hear the people. That's what i'm here for," Becker said, "I'm very upset with the conduct at some council meetings too, but it's wrong to make the public wait three hours to speak."

A motion was made and seconded to vote on whether to keep public comment to the end meeting or to restore it to the beginning, but Joseph Sikorski was absent, so the issue will be on the Oct. 2 agenda. Council will vote on it a the next meeting at which all members are present. 

Related Topics: Agenda, Macungie Borough Council, Macungie Institute, and Pennsylvania State Association of Boroughs

Ron Beitler

6:57 am on Tuesday, September 18, 2012

I once read about a man in some midwestern state who attended every local public meeting and used his allotted public comment time to talk about aliens. I forget exactly, but this gentleman may or may not have had all his marbles. Regardless this became the gentlemans routine. This man and any person with something to say at a public meeting has the right to be heard. It's one of the wonderful things about our country.

Though it makes my skin crawl (and it does) the vocal 3 or 4 folks who come into Macungie to go to council meetings regularly to purposely stir the pot have every right to be heard and should be accommodated with public comment at the beginning of the meeting.

Let me put it this way.... by changing the order of the agenda to neutralize the folks who wanna come in to talk about aliens a local body is inadvertently also disenfranchising the mom who wants to talk about sidewalk safety or the business person who wants to invest in the borough.

That being said....The real issue at these meetings from my observation is the inmates run the asylum. I've never been to public meetings where decorum breaks down so frequently. "Regulars" at the meeting literally yell from there seats interrupting speakers at the podium and council people in mid sentence. The chair MUST take control of these meetings.

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Just Say It

9:24 am on Tuesday, September 18, 2012

Mr. Beitler,
I couldn't agree with you more. The CHAIR does need to control the meeting better. In my opinion its her lack of leadership that is allowing this to happen. I've been to meetings where she's lost control and looks to the solicitor to step in. Sometimes you would think she's his client and not there at the "pleasure" of council. Silencing the public to make her job easier isn't the answer. There's a handful of audience members that attend the meetings quite frequently. Justified or not, their outbursts , accusations, and disrespect towards council usually does set the tone of the meeting so I will agree with President Nagle on that point. However, these same individuals have brought valid concerns to the table. I was at the meeting and I think what Ms. Cope was trying to do was make it fair for everyone and trying not to base her decision on a handful of people. She also felt it should be council's decision to change the order of the meeting, not just one person. We're suppose to live in a democratic society, correct? Both her and Mr. Hutchison forget they serve at the pleasure of council. Because you don't like what a handful of people do or say you're going to penalize the entire community. Council should be encouraging public participation, not discouraging it. To place public comments to non-agenda items at the end is just wrong. Wait 3-4 hrs. to have 3 minutes to talk to council?? That's sending the wrong message.

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Ron Beitler

9:47 am on Tuesday, September 18, 2012

@honesty - Agree 100% Moving comment to the end is sweeping problem under the rug not dealing with the problem. Control of the meeting is everything. By having control you are in fact facilitating public comment in a fair way without gray area and without question. These items need to happen:

1. Recognized comments address the CHAIR ONLY. No side discussions. President must enforce this. If another councilmember wants to respond to a comment he/she must be recognized by the chair and the timer is stopped until the resident is again RECOGNIZED and then time resumes until 5 is up. Cat calling from the gallery has got to stop. I've never ever seen anything like what happens at Macungie council. It literally makes people uncomfortable. I know this. I've talked to people won't go to these meetings cause of this.

2. 5 minutes. Period. End of story on non-agenda items. I support relaxation of public comments on AGENDA ITEMS to facilitate meaningful discussion. But 5 minutes is plenty of time for non-agenda. The whole point being... bringing issues to councils attention to get on the agenda for formal discussion at a later date. Then you can tear it apart and really get into it. Not a time to argue, not a time for personal attacks, it's not a question and answer session.

These are most basic rules enforced at every public meeting I've ever been to. The President must use her gavel. That is her role. There has to be order. It's the only way these things work.

Never A Dull Moment

7:50 am on Tuesday, September 18, 2012

This Council leadership and their cohorts, including Mr. Hoffman have ruled against the will of the people from the day they took office. Is it to anyone's surprise that the public is irate with their decisions? The fact that people dare to disagree with their thinking and then have the audacity to vocalize that disagreement is what makes them so mad. These people claim to be the tolerant ones. The only opinions they are really willing to tolerate are the ones that are in complete jack booted lock step with their own. Legally, they only have to allow Macungie taxpayers to speak, not outsiders. That is why they make you identify yourself with your address when you speak. The Queen and her court of buffoon's disdain for public comment is so great that if they could get away with a 10 minute meeting with NO public comment at all they would do it every meeting.

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Ron Beitler

8:18 am on Tuesday, September 18, 2012

The public is not irate. The public is generally apathetic. A half dozen people (if it's even that many) are irate because they seem to want the entire focus of every single council meeting to be on the MPD and wacky conspiracy theories about a "clique" (there words) running the town. When I went to my first council meeting 3 years ago I saw the same familiar faces shooting down every single good idea that was in the Downtown Revitalization Plan.

The meeting room WAS packed last night. Why? Business folks coming together to fix a big hole in the middle of the downtown. There were also residents with legit concerns about the project who got their questions answered. It was a great meeting. It was a productive meeting. It's sad residents aren't seeing an article about the great ideas people have for Lumber Street revialization first thing this morning. I'm sure there is gonna be an article, but unfortunately AGAIN and sadly it takes a back seat to the circus.

I can't wait for an army of aliases to inundate this comment thread with posts from fake names who just happen to be making their very first comment on patch on an article about the Macungie Council speaking with the same exact wild rhetoric as the familiar faces . . . .

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John Rogers

8:41 am on Tuesday, September 18, 2012

Ron, why is it that it is ok for you to be so passionate when it comes to Main St revitalization but you have a problem with others being just as passionate about MPD and what they believe are other injustices brought about by some current and past council members?

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get real

8:46 pm on Tuesday, September 18, 2012

The world according to Ron Beitler! Ron could you please post a list of what you feel are the relevant issues in Macungie so we can all fall in line and keep our discussion limited to just what you deem worthey, as it sounds like you feel passionate concerns of others are simply a waste of time that must be tolerated due to freedom of speech. As for your statement about this article being based on the "circus" , i did not read any reference to statements made by citizens in attendance. The article explained issues and conversations being discussed by council members. Yes the circus appears to have been under the big tent at the front of the room, not the spectators.

Ron Beitler

8:46 am on Tuesday, September 18, 2012

John - I don't come in and steamroll meetings. I don't constantly yell from the gallery. I don't get into back and forth arguments with council from the podium. I don't personally attack.

In fact I've been patiently.... very very patiently waiting for the issues I care about to come up for literally 2 years. 2 years.

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another voice

9:06 am on Tuesday, September 18, 2012

If you look around the room you will see residents and business owners who have been around much, much longer than 2-3 years. Just maybe, they know more about the internal "goings on" then you do. Just maybe, they have been putting up with the games for much, much longer. While I applaud your patiently waiting, maybe these people patiently waited for many, many years until they finally realized that patiently waiting was getting them nowhere.

Responsible Citizen

9:15 am on Tuesday, September 18, 2012

Another Voice....very well stated!!! We agree with your assessment 100%!!! WE are some of THOSE people who have been witness to this political game playing for YEARS!!! 26 YEARS to be exact....ENOUGH IS ENOUGH!!!! No more PATIENCE!!!!

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Ron Beitler

9:18 am on Tuesday, September 18, 2012

I've been living here for the better part of 32 years. I'm well aware of but have no interest in the internal going ons whether real or imagined. Thats the whole issue. Too many people do and become obsessed with it. It's small town crap (excuse my language) that completely hinders good gov't. Everyone just needs to stop. Thats my 2 cents.

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John Rogers

9:48 am on Tuesday, September 18, 2012

Having "no interest in the internal goings on" is exactly the problem that I have been talking about. You either have an interest or you are apathetic. Having no interest is what brought the borough to this point. Too many people have no interest. They don't get involved. They don't go to meetings. They don't run for office. That is apathy and why unqualified people in MANY municipalities run for office and win!!!! So, with your 2 cents and my 2 cents we are up to 4 cents. Now if more people would add their 2 cents in the proper forums and we get to several dollars, then maybe, just maybe, good government could win out.

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Responsible Citizen

6:55 pm on Tuesday, September 18, 2012

Mr Beitler...with all due respect you continue to be sooo off the mark!!

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get real

8:24 pm on Wednesday, September 19, 2012

Ron, you apparently can't see the forest through the trees. If you are ignorant to, or unwilling to take on "the small town crap", then you will only talk the talk and never walk the walk. If we fix the cause of "the small time crap," just maybe good government can prevail.

atthebeach

11:55 am on Tuesday, September 18, 2012

I am disgusted but not surprised by borough council. These people forget that they are elected by the people of Macungie, in essence , they work for us...but really and truly the longer a person stays in office, that person morphs into a "politician" and forgets this principle. I haven't loved here very long but I have attended council meetings. I have gotten involved with volunteering. I see Macungie as an unfriendly place to live and to own a business. Who could forget the hassle about the mural or the trouble that the owner of the lumberyard had? I attend EPSD school board meetings and there are very heated issues at times. Public speaks at the beginning of meeting. The president controls the meetings. I have been thru various presidents and all have had control. They even broke their own rule of not responding to public comments when it was warranted. I agree, the person in charge needs to take control of the meetings. It is really that simple.

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Ron Beitler

1:06 pm on Tuesday, September 18, 2012

The President definitely needs to control the meeting. When she doesnt it's when things break down. Question - What trouble has the owner of the lumber yard had? I thought the process has been pretty smooth considering it's probably one of the most complicated small scale development plans I've seen given lumber street relocation and multiple adjacent landowners.

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Ron Beitler

1:07 pm on Tuesday, September 18, 2012

Trust me I write about (and complain about!) development projects all the time. I'm definitely not afraid to criticize when warranted, but with Lumber Street I really do things went very smoothly and its working out great for the landowner and the community.

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