Letters: Taking Exception

From The Philadelphia Inquirer • Letters to the Editor

Close to the heart of the democratic process is the role played by media. You can't have an informed citizenry without the free flow of information about government actions. But this media right to stand close by as policy is formulated and implemented is not absolute. Reporters can't sit next to government policymakers 24/7.

The Inquirer argues that the public has been denied input and that my administration had a city attorney "gin up" a legal opinion saying a private meeting between City Council members and me did not violate the state Sunshine Law.

The dark comment aside, my administration has not violated the Pennsylvania Sunshine Act nor has public input been set aside in the budget process.

The act requires public agencies to take all official actions and to conduct all deliberations leading up to those actions at public meetings. Under the law, "deliberations" means a discussion of agency business held for the purpose of making a decision. The law, however, allows government officials, regardless of their number, to gather privately to generally discuss matters, share information, engage in question-and-answer sessions and receive feedback from one another.

The recent meeting held in Council President Anna Verna's office was not for the purpose of deliberations. Rather, my senior fiscal team and I briefed Council members on the nature of the unprecedented financial crisis in this country and how it has ravaged our tax collections and wreaked havoc with our employee pension fund. It was, in short, a somber update on the enormous challenges that we face in maintaining a balanced budget and meeting our goals as a city.

That meeting was very similar in function to the one at issue in Conner v. West Greene School District, where the Commonwealth Court found that the Sunshine Act "does not require agency members to inquire, question, and learn about agency issues only at an open meeting."

It's also worth recalling that information I offered to Council at the questioned meeting was also discussed in public briefings in early September and early October.

This week, I will explain the measures that the administration will undertake to bring the city budget into balance.

As for the public's role in the budget process, my administration last spring was involved in a dozen public meetings in neighborhoods throughout the city - sessions moderated by an Inquirer columnist - where the public provided input on the budget. These meetings were in addition to the lengthy budget hearings held in Council chambers.

While I completely reject the view that the meeting in Verna's office with a quorum of Council breaks state law, I understand the media's strong concern for access and information, and I've been very accessible. I have even reached out a number of times to the Inquirer Editorial Board to brief members "privately" - though on the record - on fiscal matters.

But we need to add a touch of common sense to this discussion. Public officials must have a forum for the frank exchange of views, all within the bounds of the law. And the law acknowledges that reality.

I meet with Council members all the time: sometimes one on one; sometimes a group of three or more. And we communicate informally. On occasion and for the sake of economy, whether at my request or at the invitation of Council President Verna, I meet with the entire Council.

When we meet, I make an informational update and make absolutely certain that we remain within the strict bounds of the Sunshine Act. As we have from Day One, we will continue to operate ethically and legally.

Mayor Michael A. Nutter
Philadelphia