BELLEFONTE — A controversial resolution restricting public comment at Bellefonte Borough Council meetings has led to a lawsuit, accusing council leadership of violating Pennsylvania’s Sunshine Act — rules established to foster trust and government transparency.

The legal challenge comes as council faces public backlash over its handling of a contentious ceasefire resolution related to the Israel-Hamas conflict, which failed to gain approval.

The lawsuit, filed by Bellefonte resident Peter Serefine, Jr., accuses council of violating the Pennsylvania Sunshine Act Section 710.1(a), which mandates that government agencies must offer residents and taxpayers a reasonable opportunity to voice concerns before council takes any official action.

The resolution was introduced and voted on before public comment period mandated by law, effectively sidestepping discussion of its merits. This prompted an immediate objection from Councilwoman Joanne Tosti-Vasey, but her concerns were dismissed by Council President Kent Bernier, who proceeded with the vote despite vocal protests from both council members and the public.

The resolution was implemented after nearly an hour of impassioned testimony from members of the public the week prior, asking the borough to support a resolution calling on Congress to demand an immediate and permanent ceasefire in the ongoing Israel-Hamas War, provide humanitarian aid and help in the restoration of public utilities in Gaza.

Serefine’s lawsuit not only accuses council of procedural violations but also calls for the removal of Bernier, Vice President Barbara Dann and Borough Manager Ralph Stewart from their leadership positions for their involvement in passing the resolution.

Serefine asserts their actions breached public trust, stating, “The actions of the borough president, vice president and borough manager during the last meeting were deeply concerning. The three of you pushed through the resolution without allowing for public comment even after you were warned that was a violation of the Sunshine Laws. That raises a critical question: if you’re willing to do that in a public meeting on camera, what are you doing when we, when the public, can’t see you?”

Passed by a narrow 5-4 margin amid a heated debate, the resolution required borough residents to register and show identification before making public comments at meetings, and restricted comments solely to agenda items.

At the advice of the Borough Solicitor, McQuaide Blasko, Attorneys at Law, the contentious resolution hastily passed at last month’s Bellefonte Borough Council meeting was rendered null and void.

“We will go back to the way we used to do business before that resolution at the last meeting. Because we didn’t take comment before it, we will not honor it,” said the borough’s legal counsel.

Stewart admitted fault during a public apology at Tuesday’s meeting, the first since the resolution was adopted, acknowledging it was improperly passed.

“I knew we were making a mistake, but I did not say anything,” said Stewart. “It was kind of a heated meeting, we were off our game so to speak. I should have caught it and said something to the council president, but I did not, so again I wanted to publicly apologize.”

Despite the rule being reversed, Serefine is moving forward with his lawsuit, arguing that council did not make the change public until weeks after the violation occurred, leaving him no choice but to file suit before the 30-day window allowed by the Sunshine Law expired.

“Yes, people make mistakes. But as a former police officer, you of all people know that sometimes mistakes have consequences — especially when the mistake is a blatant and obvious flouting of the law,” said Serefine.

For public comment going forward, council will adhere to the rules established in 2021, which allows a broader range of speakers, including Bellefonte residents, nonprofit representatives, business owners and official representatives of other agencies, to address council. Speakers must still provide their name, street and municipality, and are limited to commenting on agenda items within a three-minute time limit.

Amidst the legal and procedural challenges, council members still had to address the underlying issue — the ceasefire resolution supported by local activists.

More than two dozen supporters of the ceasefire resolution attended the meeting, giving over an hour of testimony in favor of its passage, before it was ultimately struck down 6 to 2.

Council members Bernier, Brachbill, Dann, Johnson, Purnell and Tosti-Vasey voted against the resolution, while McKean and Cleeton voted in favor. Councilwoman Segwick was absent, and Tosti-Vasey, who had initially supported the resolution, cast a tactical “no” vote to allow for future discussion.

Supporters of the ceasefire resolution largely argued that it was an ethical stance.

One supporter, Elizabeth Faulk, drew connections to Bellefonte residents with ties to the Middle East, arguing that ongoing violence jeopardizes American service members. Others cited moral, humanitarian and religious reasons, emphasizing that the resolution was not an endorsement of any side but a call for peace.

Others still linked the resolution to Bellefonte’s history, reminding council members that it was only because of the community’s activism that Bellefonte integrated schools 70 years before the U.S. Supreme Court’s landmark decision in Brown v. Board.

A minority of members of the audience disagreed with the resolution, arguing that it is inappropriate for local government to involve itself in foreign affairs.

“You were elected to take care of this town not to influence or determine foreign policy. That’s for the State Department and the White House. Your job is to make sure our streets get plowed, that the sewers don’t back up, that the police department is well funded and well staffed and to make sure all the citizens of this town are safe,” said Tom Dann, Council Vice President Barbara Dann’s husband. “No one in this room would argue that what’s going on in Gaza and Israel is horrific. It is. All war is horrific whether it’s justified or not, but that doesn’t change the fact that what you’re charged with is here in Bellefonte, not in Washington, DC.”

Serefine, another opponent of the resolution, echoed Dann’s statement, while also highlighting that the resolution did not address the impact on American citizens affected by the conflict, including recent casualties.

Councilwoman Rita Purnell, reading from a prepared statement, echoed Dann and Serefine’s words.

“An attorney gave me some really good advice early on, basically telling me that my job as a borough council person was to be attentive to the needs of the residents of the town. We need safe streets, clean water, street lights, refuse pickup and a working sewer system. I’m sure I missed a few other important things, but the point is this resolution doesn’t fall under any of these categories,” said Purnell, adding while she is sympathetic to the plight of those in Israel and Gaza, “this is not why we are elected to serve on this local borough council.”

She also expressed concerns that adopting such resolutions could set a “dangerous” precedent for other interest groups seeking support for causes outside the borough’s purview.

Councilwoman Shawna McKean, who introduced the draft resolution, defended its merits.

“I think it’s an ethical and moral decision. I’m a humanitarian, that’s my job, that’s my personal belief and I think that we were voted in to represent the people in this community, and there are people in this community sitting in the audience speaking, so you can’t have it both ways. We’re either representing the people or we’re following our own beliefs and voting against what I think is morally correct,” said McKean.

Critics may argue Mayor Gene “Buddy” Johnson inadvertently highlighted the core issue when he remarked, “One thing that spoke to me tonight is that all people should be treated with dignity. That’s just not people around the world. It’s people of our community, people at this table and people out there.”