Dear District Attorney Stollsteimer:

This publication writes to you today regarding matters of open governance, and as such, feels that addressing this situation in an open letter further promotes the ideals of transparency in Delaware County.

As you are no doubt aware, Pennsylvania’s Sunshine Law allows governing bodies like school boards, municipalities, and county councils to retire into executive session either prior to or immediately following a scheduled meeting of the government.

Executive session allows governments to have frank discussions about decisions it must make. The privacy of those sessions allows the members to present and discuss ideas without fear of embarrassment, reprisal, or other negative consequences that could possibly hinder a government’s ability to settle on a plan of action.

However, it is also important that the government explain to its constituents the reasons for the executive session so that the people may have an understanding of whether their being excluded is fair and reasonable.

This is not just our opinion, but was also that of the Pennsylvania Commonwealth Court in 1993 in the case Reading Eagle Co. v. Council. To quickly summarize, the court found that “the reasons stated by the public agency must be specific, indicating a real, discrete matter that is best addressed in private.”

We write to you today because we are concerned that the Delaware County Jail Oversight Board is failing to adhere to the precedent established in that case.

At the board meeting of September 10, 2024, Councilmember and JOB Chairman Kevin Madden said, “We did have an executive session as we typically do the day prior [to the full board meeting]. So yesterday — to discuss personnel matters, internal investigations, collective bargaining, and legal matters.”

Madden’s explanations lack the specificity required by Reading Eagle.

Making the matter more concerning is that Broad + Liberty reporter Todd Shepherd emailed the JOB’s counsel in June, asking that the lawyers advise its client more specificity about executive session was warranted.

Given this publication requested more specificity from the JOB previously, and with the most recent meeting showing the request was subsequently ignored, we ask your office to intervene.

Your office has (at least partial) jurisdiction over such matters because Pennsylvania’s Sunshine Law allows for civil and criminal penalties when violations have occurred. Additionally, such matters have precedent. In 2014, the Beaver County Times filed criminal charges against the county council there for Sunshine Law violations due to insufficient explanations of executive session.

Our concerns are not limited solely to specificity regarding legal issues. We believe the JOB should similarly name the “real, discrete matter” when it comes to — in Madden’s words — “personnel matters, internal investigations, [and] collective bargaining[.]”

For these reasons, we ask you to investigate the matters at hand and take action as you find appropriate. If you find no action is warranted, we request a full explanation.

Regards, Broad + Liberty