Board shuts down e-mail discussions

By Edward Levenson
The Intelligencer, Doylestown

When supervisors want to discuss an issue, they'll have to do it the old-fashioned way.

The Warwick Township (Bucks County) board July 6 passed a policy prohibiting discussion of "substantive decisions" by e-mail or telephone.

At the same time, the policy allows the township manager to e-mail the three supervisors on purely administrative matters, such as reminders of meetings, answers to inquiries, issues to be discussed in executive session and requests for changes in the public meeting agenda.

Solicitor Mary Eberle said the policy is designed "to give the public some assurance that you do not do electronically what you are not allowed to do in person."

The state's Open Meetings Law, popularly known as the Sunshine Act, requires public officials to deliberate or take official action at a public meeting. The only exceptions are executive sessions to discuss personnel, litigation and other confidential subjects exempted under the law.

However, the law does not address e-mail, which could be used to hold discussions outside of public view.

The Central Bucks School Board in March was advised by its solicitor not to discuss issues via e-mail, although it is acceptable for one board member to send out information to others. Jeffrey Garton also told the board that e-mails could be subject to disclosure under the Open Records Law.

School directors did not adopt a policy, but reached a consensus they would stay away from e-mail forums.

Warwick's regulation says any supervisor may determine that an issue is substantive and request it be discussed in a public meeting or an executive session, as appropriate.

If a supervisor does not have e-mail, then the manager will copy the e-mail correspondence and place the paper copies in the person's weekly information packet, according to the policy.