Lower Merion Commissioners Debate Whether an E-mail Discussion Violates the Sunshine Act

At a commissioners' meeting on Wednesday night, Lower Merion Commissioner Jenny Brown accused the board and the township manager of violating the Sunshine Act by discussing the township budget via email, but not all of her colleagues agreed.

Board President Liz Rogan and Township Manager Doug Cleland had just announced that the proposed 2012 township budget would be released in electronic form on Friday, online at the township website and on DVDs available at township libraries, when Brown lodged her accusations.

Brown, who is running for Montgomery County Commissioner, said she wanted to voice her objection to how the board has given guidance about the budget to the township manager “outside the public eye,” in what she views as a violation of the state Sunshine Act, or open meetings law.

Brown said board members received an email from Cleland asking them to answer questions about what they would like to see included in the budget. 

Brown said she did not respond to the email.

“I didn’t contact the manager because I think my direction should be done in the public when I can be held accountable,” Brown said.

Rogan disagreed with Brown.

“Sunshine has to do with the fact that decisions have not been made in private,” Rogan said. “Decisions have not been made.”

Commissioner Daniel Bernheim said there seemed to be a misconception between gathering information and policy making and he viewed the email as the manager gathering information.

Bernheim, who is running for reelection, said he did not think the Sunshine Act had been violated.

“With all due respect, it’s more theater than anything else,” Bernheim said to Brown.

Commissioner Scott Zelov agreed with Brown. Zelov said the issues brought up in Cleland’s email could have been addressed in the board’s public budget workshop.