Monessen’s mayor and council members have been court-ordered to complete Sunshine Act training after a Westmoreland County judge found that they violated state public meeting laws earlier this year.
City solicitor Tim Witt said officials are set to complete the training through the state Office of Open Records today.
Judge Harry Smail issued the ruling this month in a February lawsuit filed against the city and Mayor Matt Shorraw.
The suit was sparked by Shorraw’s use of a majority of council votes on Jan. 6 to fire the city solicitor and city administrator, make new hires and adjourn the meeting without allowing public comment on those and other matters approved during the session.
Smail watched a recording of the Jan. 6 reorganizational meeting and called it “extraordinarily contentious” from the outset. A recording of a Jan. 29 meeting showed a majority of council attempt to ratify the Jan. 6 votes still without taking any public comment, according to the court opinion.
Smail ruled that the actions taken during the Jan. 6 meeting were violations of the state’s Sunshine Act, which allows for public response to matters taken up at governmental meetings.
“Viewing the meeting, it is clear that there was absolutely no opportunity for public comment …,” Smail wrote. “These motions were brought abruptly and voted upon immediately, with little time for discussion by the councilpersons and absolutely no opportunity for public comment prior to the official action of voting.”
A local newspaper and Monessen citizen who filed the lawsuit requested the Jan. 6 votes be invalidated, but Smail ruled that council properly ratified all the motions during a March 10 meeting that permitted public comment, according to court filings.
Witt said the city was pleased Smail did not order fines or other sanctions.
“City officials had no objection and instead welcomed the additional training because it was already a component of the general municipal training that they were lining up for city officials and employees when, unfortunately, the pandemic hit,” Witt said.
A separate lawsuit filed in January against Shorraw and Councilmen Donald Gregor and Gil Coles by a citizen is still being litigated, according to court records. That complaint involves similar Sunshine Act violation claims arising from the same Jan. 6 meeting. Gregor and Coles are listed as interested parties in the court action.
