McKeesport Council meeting postponed amid complaints that it locked out public

A McKeesport City Council meeting scheduled for Wednesday evening has been postponed following allegations that the municipality has violated the state Sunshine Act.

The meeting can be rescheduled, Allegheny County Common Pleas Judge John McVay found Wednesday, once council makes arrangements to allow public participation.

Four community members filed a complaint against the council and city on Monday, alleging that it was violating the Sunshine Act by denying the public access to participate in its monthly meetings.

The plaintiffs include Valian Walker Montgomery; Courtney Thompkins; Tracey Jordan and Janina Riley.

According to the complaint, residents were upset by a manhunt that occurred following the Dec. 20 shooting of a McKeesport police officer. Many believed they had been subjected to unconstitutional searches and seizures while law enforcement sought Koby Lee Francis, who had fled after shooting Officer Geriasimo Athans.

Francis was ultimately arrested and charged in the shooting nine days later.

Take Action Mon Valley, a community group, issued a call to encourage residents to talk about the manhunt during council’s Jan. 6 meeting, the complaint said.

That meeting, which was advertised on council’s website, noted the date and time and said that citizens would be permitted in the audience. That information was still on the website at 6:30 p.m. on Jan. 6.

However, when community members arrived prior to the start of the 7 p.m. meeting, the complaint said, the doors to council chambers were locked.

A sign on the door said the meeting was “closed to ‘in-person’ public participation… in light of covid-19,” the complaint said.

The only way for the public to submit comment was in writing, although the deadline had passed at noon that day.

The complaint noted that every city council meeting up until then — even throughout the pandemic — had been open to the public and included live comment.

On Jan. 22, the ACLU of Pennsylvania sent a letter to McKeesport officials objecting to the closure and asked that provisions be made to accept public comment at the meeting scheduled for Feb. 3.

However, council canceled the Feb. 3 meeting, “claiming they had no business to discuss,” the complaint said.

For the meeting that had been scheduled for Wednesday evening, council’s website said that written comment could be submitted by noon in person, or via email.

During Wednesday’s hearing before McVay, McKeesport solicitor Jason Elash said that council was willing to broadcast the meeting online and allow written comment.

But Allison Burdette, representing the community members, said that McKeesport officials had not provided proper notice under the Sunshine Act to meet the law’s requirements.

Burdette also argued that written public comment does not provide the chance for meaningful community participation. She suggested that council could allow individuals to enter the meeting one at a time, speak and then leave. Or, the plaintiffs offered testimony from an employee at the ACLU who said their organization pays $10 per month for a program called Turbo Bridge, which offers a phone conference line that allows up to 1,000 participants.

“There are many, many options available,” Burdette said.

Elash suggested that McKeesport postpone its meeting until Friday, allowing 48 hours to advertise ahead of time.

But, without assurances the technology would be implemented to allow public participation, McVay rejected that idea.

“You can have a meeting as soon as you implement what was proposed,” he said.