Hollidaysburg-based attorney Joseph Cavrich said this morning he is still seeking information in the form of minutes and electronic or videotape recordings of Tyrone Borough council meetings and executive sessions.
He’s now gone the legal route in order to obtain some of the information after making requests for it directly to the borough in a June 17 letter.
Cavrich is representing former borough manager Nathan George in what has now become a legal proceeding after motions were filed at the Blair County Prothonatary’s Office on Friday.
The motions filed Friday stem from a dispute between George, who claims he was fired on June 8 in an executive session for “retaliatory” reasons. George had also claimed the borough violated its home rule charter in not allowing him to exercise his duties and powers granted him under the charter.
The borough terminated George during a special meeting on June 11 and had said in its only official statement that it had not violated Sunshine Laws by taking official action in an executive session. The borough said it terminated George “with cause effective immediately,” according to the motion made on June 11. It also had said it had not violated its home rule charter regarding George’s dismissal or the reasons for it.
However, on the advice of counsel, the borough has been limited about what it has been able to say about the issues involved.
Cavrich indicated he had requested meeting minutes from Tyrone Borough dating back to Jan. 1, 2003. On Monday, he said he had received the minutes of meetings through May 3, 2004. But, he couldn’t understand why the borough had not released minutes from the May 10 and May 18 meetings.
He confirmed this morning he has had no response from the borough or its legal counsel since filing motions on Friday.
The minutes of May 10 and May 18 were approved at the June 7 meeting as confirmed by independent observation at the meeting by The Daily Herald.
The meetings of June 7 and 11, 2004 have not yet been submitted for adoption by council as the borough has not held any meetings since June 11. The next scheduled meeting is July 12. Meetings of June 14 and July 6 were previously canceled by the borough.
Cavrich filed a writ of summons to put the borough, the mayor and council on notice that a legal proceeding had been commenced. The attorney explained it is one of two ways to file suit in Pennsylvania. It allows a party to file a suit while still in the discovery process without having to give any specifics of the case.
Cavrich also filed for an order of protection regarding the minutes of borough meetings including May 10, 18, June 7 and 11. The order is designed to prevent the erasing, altering or destruction of certain records believed to be in the borough’s possession according to the filing.
Cavrich made a request for the materials in the June 17 letter to the borough addressed to Mayor Patricia Stoner. She confirmed a response was drafted and dated June 22. She signed off on the letter since the original letter was sent to her. However, she indicated solicitor Larry Clapper composed the letter and she referred questions about it to him.
Cavrich had also requested copies of minutes from borough executive sessions but was told the borough does not keep minutes of such sessions.
The protective order also covers any existing minutes of executive sessions or notes taken by the borough secretary or council members.
In addition to printed minutes of meetings, Cavrich is also seeking any electronic or videotape recordings of borough meetings and executive sessions.
The response letter from the borough indicated audio or video tapes of meetings are not official and are not subject to right-to-know laws or Pennsylvania’s Open Records Act.
Cavrich also requested copies of ordinances dating back to Jan. 1, 1992. The request references Tyrone’s adopting rules of procedure for its meetings.
The borough’s response letter indicated it furnished copies of ordinances it believed satisfied the request.
The protective order also seeks to prevent the altering or destruction of “working” and “archived” folders which George claims he was not permitted to take on the evening of June 8.
Cavrich explained one of the reasons he filed the motions was to seek civil protection for his client, regardless of the Sunshine Laws, right to know or open records acts or policy. The borough contends those laws and regulations limit the availability of certain documents or electronic information.
The borough has retained special counsel to advise it on right-to- know and open records issues. Last Friday, Clapper confirmed the borough had retained a Pittsburgh-based law firm to assist it on issues regarding the former manager.
Cavrich had previously stated he attempted to contact Clapper and the Pittsburgh-based attorneys, but received no response. Cavrich said he outlined in a June 18 letter he wanted to discuss the issues involved regarding George’s dismissal. He also indicated he wanted to hear back from the borough by the following Tuesday.
Earlier this week, Cavrich explained he clearly was referring to Tuesday June 22. Last week, solicitor Clapper said he reviewed the letter on Monday June 21. He indicated it was unclear from the letter if Cavrich meant June 22 or June 29.
Clapper explained a response in one day’s time wasn’t realistic since multiple parties had to be contacted and privacy issues had to be considered. Also, council has not met officially since June 11 to respond to George’s contentions in any formal way.
Motions for interrogatories were also filed seeking answers from those named in the writ of summons. But, the motion does not contain specific questions.
The Blair County Court Administrator’s office said the next scheduled day for motions to be heard is next Tuesday. Cavrich had made a request for expedited consideration as part of his motion.
