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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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West Middlesex Pa. Borough Council is seeking proposals

Customer Question

West Middlesex Pa. Borough Council is seeking proposals for police coverage from surrounding communities in Mercer County. West Middlesex received three (3) responses. One each from Shenango Twp (Mercer County), one from Southwest Mercer Co. Regional police Dept. and a letter of "no interest" from the City of Hermitage. After opening Southwests' proposal and Hermitage's letter declining to bid, Borough Council tabled opening Shenango's proposal. All residents attending the meeting questioned that action and stated their dissatisfaction with Council. Council refused to discuss the issue any further. In the following days, Councilman Raymond Lucich held two (2) private meetings with Mr. Gary Hinkson, Hermitage City Manager, encouraging him to submit a bid to exclude Shenango Townships bid. Solicitor Robert Tesone representing West Middlesex Borough accompanied Lucich to these meets at the Hermitage City Building. This must be unethical !
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

With regard to the council deciding to "table" the opening of the third bid, this is going to be within the council's discretion (they do not have an obligation to review each of the bids, particularly when they are not taking action on the item (accepting any bids).

With regard to the meeting that was held in private, this may be a violation of the state's "Sunshine" (or open meeting) laws, depending on whether or not a quorum was met during the private meeting. (This is usually where the violations occur). You can find a very helpful discussion of the Penn. Sunshine Act here: http://www.dmlp.org/legal-guide/pennsylvania/open-meetings-laws-pennsylvania