I have written before about my perception in many instances Council does not follow the will of the people. Two years ago when I was elected, I thought that it was the will of the people that I should take an active role in the local government and serve the people the best way I know how. One of the duties, as I understand them, are to be assigned to various committees as established by statue to take an active role in Local Government. The Borough Code is silent on how local governing bodies are to organize. I forget where I read, but it seems to be a principal of Council Organization that each member should be assigned to at least one of the Committees required by Statue. Common sense would dictate that this is absolutely necessary if a Council person is to fulfill the duties of the office to which the People elected them. The powers that currently hold the authority to organize Delmont's Council have decided to remove me from the only statutory required committee that I served on. They would still claim that I am a "Member of the Grant Committee". It is imperative that you, the voters understand 1) This is not an official Committee recognized by the Borough Code. 2) Delmont Council did not formally establish this committee but it grew by custom out of the Mayor's desire to seek financial resources for the Borough and the "members" of this committee from Council were people who volunteered to help the Mayor which were Dave Weber and myself. Do give the public the illusion that I am somehow fulfilling the duties that the public elected me to do.
If you came to the meeting you know that I did not report, nor will I report in any form to legitimize this pseudo Committee. A proper committee should have at least two but no more than three members of Council assigned to it.
I believe excluding me in the the fashion now being practiced is amoral, unethical, and illegal. My last claim on legality is debatable and could only be decided by a Common Pleas Judge. I have seriously considered petitioning Commonwealth Court of Common Pleas on this issue but have not for the following reasons:
- Courts do not like to interfere in local government operations unless they have compelling reasons. I believe that this test is met, but please read on.
- If I would start a legal proceeding I would literally be fighting City Hall. Valuable Resources of our Borough would be shifted the Solicitor to defend my action, although I believe any good lawyer would readily admit that exclusion of any council member from a formal committee assignment is a clear violation of the intent of the Borough Code. Even if our solicitor agrees with my position, if those in "leadership" positions would wish to dispute it, He would be forced to defend the ludicrous position until the end.
- The length of time required may make it a mute point. I only have two years left, and there is an election cycle coming up that could change this power structure.
- The final and perhaps most important reason is I have faith in the voters of Delmont to make the changes necessary to solve this issue without outside help.
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