Peter Angelo Serefine

Bellefonte

The recent actions of the Bellefonte Borough Council have sparked significant and justifiable outcry from residents and stakeholders alike. On Aug. 5, 2024, in a heated and controversial move, the council passed a resolution that fundamentally undermines public participation in local governance. The resolution, introduced and approved in a single meeting, requires anyone wishing to speak at council meetings to present identification proving residency or taxpayer status within the borough. Furthermore, it moves public comments of non-agenda to the end of the meeting. The resolution also grants the borough council the power to end or postpone public comment at their will, effectively silencing voices on any other community concerns.

Councilwoman Joanne Tosti-Vasey rightly pointed out that this resolution, and the manner in which it was passed, violates Pennsylvania’s Sunshine Act–a law designed to ensure that government actions are taken transparently and with public input. The Sunshine Act, specifically Section 710.1(a), mandates that the public must be given a reasonable opportunity to comment on issues that are or may be before the board prior to any official action being taken. By pushing through this resolution without allowing public commentary beforehand, the council not only broke the law but also undermined the democratic principles upon which our local government is built.

Moreover, this action also violates the spirit–if not the letter–of the redress of grievances clause of the First Amendment. The Founders intended this clause to protect the right of the people to petition their government and express their grievances. By restricting public comment to only those who reside or pay taxes in the borough and limiting discussion to pre-approved topics, the council has effectively shut down a crucial avenue for public discourse. This decision is not just legally questionable; it is fundamentally un-American, flying in the face of the very principles that underpin our republic.

The most troubling aspect of this situation is the conduct of Borough Manager Ralph Stewart, Council President Kent Bernier and Councilwoman Barbara Dann, who were the most vocal proponents of the resolution. Despite being informed by Tosti-Vasey and other council members of the potential legal violation, Stewart, Bernier and Dann pushed forward with the vote. This blatant disregard for the law and the public’s right to participate in their government is not only unethical but also, in my opinion, constitutes an impeachable offense.

What makes this even more concerning is the apparent motivation behind these new restrictions. Council President Bernier himself admitted during the meeting that he had received 94 emails from constituents, which he seemed to dismiss as an annoyance. This offhand comment suggests that these new rules were designed not to streamline meetings or maintain order, but to stifle public dissent for the convenience of Borough Council. When elected officials view constituent feedback as an inconvenience rather than an essential part of their duty, it is a clear sign that they are unfit for office.

A violation of public trust: The resolution, which was introduced and passed with no prior notice to the public, disenfranchises a significant portion of the community. Business owners who do not reside in the borough but contribute to its economy, non-resident employees, and subject matter experts who could provide valuable insights are now barred from speaking at council meetings. This move is not just a breach of law but a direct attack on the principles of open government and public accountability. These issues were raised by Councilwomen McKean and Tosti-Vasey before the vote was taken.

Public trust in government is built on transparency and the assurance that all voices will be heard, especially in matters that affect the community at large. When government officials blatantly disregard these principles, they erode the very foundation of democracy. The actions of the Borough Manager Ralph Stewart, Council President Kent Bernier, and Councilwoman Dann have done just that–they have turned a blind eye to the law and, in doing so, have shown a disturbing willingness to silence the very people they are supposed to serve.

Impeachable offenses: In a functioning democracy, no official is above the law. The Pennsylvania Constitution provides mechanisms for holding public officials accountable, including impeachment for serious offenses. While impeachment is often associated with higher levels of government, it is a tool that can and should be used at the local level when officials abuse their power or violate the law.

The actions of Borough Manager Ralph Stewart, Council President Kent Bernier and Councilwoman Barbara Dann meet the threshold for such action. By knowingly violating the Sunshine Act and suppressing public commentary, they have committed acts that are not only unethical but illegal. This cannot and should not be tolerated.

A call to action: Given the severity of these actions, I call for the immediate removal of Borough Manager Ralph Stewart, Council President Kent Bernier and Councilwoman Barbara Dann from their positions. The residents of Bellefonte deserve leadership that respects the law and values the input of the community. The blatant disregard for the Sunshine Act, the suppression of public participation, and the dismissal of constituent concerns represent a clear and present danger to the democratic process in our borough.

It is time for the residents of Bellefonte to stand up and demand accountability. I urge you to attend the next council meeting, voice your concerns and call for the resignation or removal of Stewart, Bernier and Dann. Let them know that Bellefonte will not stand for this kind of governance. It is our right and our duty as citizens to hold our leaders accountable when they stray from the path of transparency and ethical conduct.

In closing, let us remember that public service is a privilege, not a right. It is a privilege that requires respect for the law, for the democratic process, and for the people. When public officials fail in these basic duties, it is up to us, the people, to act. The time for action is now.