PHOTO PROVIDED / ESTEBAN MARENCO FOR THE CENTRE DAILY TIMES Bellefonte Borough Council Member Zach Kelly outside the Centre County Courthouse in Bellefonte during an anti-ICE rally on March 18, 2026. Kelly holds a sign that reads “defend immigrant workers.”

BELLEFONTE — Three former Bellefonte Borough Council members are calling on recently elected Councilman Zach Kelly to resign after comments he made in March promoting an anti-ICE protest downtown.

Both current and former members of council condemned what they described as an inappropriate use of Kelly’s public platform, though a legal expert told The Express he did not break the law. While the borough does not currently have a formal code of conduct, some officials are now calling for one to be drafted.

During comments for the “Good of the Order” at the borough’s March 16 council meeting, Kelly, a Democrat, said a protest would be held that Wednesday outside the Centre County Courthouse.

He described the demonstration as being “in regard to ICE encroachment into the community in general and the alleged detainment of an individual at the courthouse last week in specific.”

The protest was organized by the Centre County Rapid Response Network, People’s Defense Front of Northern Appalachia and the Student Committee for Defense and Solidarity, left-wing activist groups that have been previously involved in anti-ICE protests in State College.

“I think it’d be nice to see some community members come out and show their support for their neighbors and renew their commitment to protecting them against any and all illegal action or intimidation,” Kelly said.

According to the Centre Daily Times, about 50 people gathered on March 18 outside the courthouse in Bellefonte to protest the March 4 arrest of a local food service worker by Immigration and Customs Enforcement there. The demonstration reportedly blocked the street but appeared to have ended peacefully, without arrests.

While Kelly’s comments did not draw a reaction at the time, at council’s next meeting two weeks later, five people — three of them former Republican council members — condemned his remarks and called for his resignation.

“I stepped away because I felt it was the best thing to do for my constituents and for the betterment of Bellefonte Borough,” said former Councilman Barry Spicer, who resigned in 2016 after a death in his family. “Tonight, I’m here to ask you to step down because it’s what’s best for Bellefonte Council.”

He said that, as a councilman, he set aside his personal beliefs to do what was best for the community and that Kelly must do the same.

“When you’re basically inciting violence — promoting these nonsense ICE protests that block the streets — that ties up our Bellefonte Police Department,” Spicer said. “I don’t quite understand why you would go and do something like that when no one — I believe — on this council or in this town wants our police department being tied up with nonsense or outside agitators coming in and destroying property, blocking streets and inciting violence.”

Another former councilman, Chip Aikens, said he was “heartbroken” that a council member “would invite outsiders to disrupt a legal process at our county courthouse without any thought of repercussion — without thought of any adverse activity that might affect the community.”

He contended the comments put first responders and downtown business owners’ property at risk.

“I would encourage you to resign, check your loyalties and decide whose side of this borough you reside,” Aikens said. “Either you decide you’re going to serve the Borough of Bellefonte and leave your national agenda aside, or resign if you can’t differentiate the two.”

Rita Purnell, another former council member, said, “I feel, as do many others I’ve spoken to, that the promotion of a partisan activity like this during a council meeting is highly inappropriate and is a misuse of his position and of taxpayer funds.”

With her, she brought a petition signed by about 100 people, both from inside and outside the community, demanding Kelly’s resignation.

“Mr. Kelly certainly has a right to do and say whatever he wants on his own time, but not when it involves taxpayer dollars,” she said, noting each meeting costs approximately $925 to record.

To Purnell’s point, streaming and recording Kelly’s comments, which were approximately 45 seconds of the 1 hour 41 minute meeting, cost about $6.81.

In addition to objecting to obscene language on protesters’ signage that she worried children might have seen, she noted the group did not have a permit and did not follow police instructions.

“More than likely, he (Kelly) did not follow police instructions to get off of the streets either,” said Purnell. “Do we want someone who has no respect for our police or for following their directions representing the people of Bellefonte?”

To date, no evidence has been provided that Kelly was not compliant with police orders.

John Purnell, Rita’s husband, said the person detained by U.S. Immigration and Customs Enforcement had a criminal history, including allegations of sexual assault and child abuse, but The Express was unable to identify the detainee to verify the claim.

“I’m angry that somebody on council would promote the protest against the removal of that kind of an element of our society,” he said.

Others, like Tom Dann, did not call for Kelly’s resignation but still condemned his actions.

“At no point did he invite people to commit violence, he didn’t ask people to destroy property, he merely invited people to come here and protest, which is a constitutional right guaranteed to all of us,” Dann said. “We don’t have to like it, we don’t have to agree with it.”

Two sitting council members also voiced concerns, though neither objected to Kelly’s comments at the time they were made.

“I felt this was wrong and inappropriate while the meeting was still in session,” said Republican Councilman Randy Brachbill, who has served on council for over a decade. “In my years on council, Bellefonte council never promoted protesting — we opposed it.”

Councilwoman Barbara Dann raised similar concerns before calling for formal guidelines on council conduct during meetings.

“I am deeply concerned about the actions of Councilman Zach Kelly,” said Dann, who is also a Republican. “Using an official televised council meeting to promote a protest, regardless of the issue, crosses a line.”

She said council meetings are for conducting business, not personal or political advocacy, and that while she recognized council members’ free speech rights, “you do not get to use that office as a personal megaphone for activism.”

“‘Good of the Order’ is intended for general community updates, local event, programs and information relevant to our residents,” Dann said. “It is not intended to be a platform for promoting personal or political activities unrelated to borough business.”

She then called for a formal code of conduct to be developed and attached to each meeting agenda by the body’s May 4 meeting, echoing earlier comments by Purnell, who said she had “seen an increasing amount of behaviors by council members that have been concerning, including violations of election laws, lack of respect for fellow council members and the use of the microphone to promote partisan politics.”

While it is unclear what she meant by a lack of respect for fellow council members, an investigation by The Express found no evidence to support her claims of election law violations.

Despite the criticism, a legal expert said Kelly did not appear to have violated any law.

“Public officials have First Amendment rights to speak on matters of public concern,” said Melissa Bevan Melewsky, Pennsylvania NewsMedia Association’s Media Law Counsel. “Public officials routinely voice their opinion on matters of public concern at public meetings like deliberation and votes on proposed policies, ordinances, contracts, etc. Granted, those issues would appear on an agenda, but even non-agenda issues are fair game for a public meeting since the public comment provisions of the law do not allow public comment to be limited to agenda items only.”

She said Pennsylvania’s Sunshine Act does not address public officials’ exercise of those rights at public meetings, and the state Ethics Act likewise does not apply because it deals exclusively with prohibiting public officials from using the power of office for personal or familial financial gain.

“From a First Amendment perspective, a call for resignation is, ultimately, a call for self-censorship or less speech, and the First Amendment is clear that less speech is never the answer,” Bevan Melewsky said. “People, including elected officials, have a constitutional right to make their voice heard, and it sounds like both sides of the issue have done that here.”

She added, “It falls to the community to decide which voice to support.”

At the April 7 meeting, Kelly, who is one of the newest members of council, called for continued discussion on council conduct and thanked attendees for “coming out and starting a dialogue.”

“Everyone came out here with kindness in their heart and civility, and I think that’s why we’re here… I think we are all on the same side,” he said.

Kelly declined to comment when contacted.