SUNBURY - A settlement has been reached in a lawsuit filed by a Coal Township man against two Northumberland County commissioners and the county for limiting public comment at meetings to two minutes.
The commissioners passed a motion to accept the settlement with William R. Knapick Sr., of 1435 W. Pine St., Tuesday afternoon at their regular meeting.
As part of the settlement that reached federal courts, Knapick received $4,250 for attorney fees from the county, and the commissioners voted to change their rules of conduct during the meetings.
"I did not sue for monetary reasons or glorification. I filed a suit so other citizens may attend our county commissioner meetings to express their concerns without intimidation and with the respect they deserve. A federal mediator assisted me and sends the message to current and future commissioners that no politician is above our Constitution," Knapick said during the meeting.
Knapick was joined at the meeting by his attorneys, Kymberley Best and Timothy Bowers, who provided a copy of the settlement agreement with members of the media.
According to the settlement, each member of the public shall have three minutes instead of two to speak during both the citizen input on agenda items and public input portions of the meeting so long as the comments made are not scandalous, slanderous, profane, obscene, vulgar or threatening. Each person will be timed with a timing device that will be visible to those choosing to speak.
If a commissioner introduces an item in the new business portion of the meeting, members of the public will have an opportunity to comment on that item, according to the settlement.
Also, members of the public do not have to address their questions to the chairman, but may address any commissioner, elected official, county officer or employee as they deem fit, and the person questioned may answer if they are inclined to do so.
As part of the settlement, Commissioner Stephen Bridy was dismissed from the action.
Votes
Bridy criticized attorneys Best and Bowers, who were former county employees, for suing the county over something they could have helped changed when they were working there.
"As soon as we pass it, they're the first to line up and sue us," Bridy said.
Questioned later, Bridy said he would be just as critical against two attorneys who had no ties to the county whatsoever because attorney are aware that insurance companies will push government entities to settle.
If Knapick or his attorneys wanted the county's rules to change, "Why couldn't they come and ask us (without suing)? We would have been fine with that," Bridy said.
When it came time to vote to change the rules of conduct for the meeting, Clausi and Bridy made and seconded the motion. It passed 2-0 with Commissioner Rick Shoch abstaining.
The vote to accept the settlement had the same outcome, and Shoch abstained.
Two-minute rule
In Knapick's original complaint, he said the commissioners are required to provide a reasonable opportunity for public comment in accordance with the Sunshine Act. At the Jan. 22 commissioners' meeting, Clausi imposed a two-minute limit on public comment without taking a vote or receiving approval from the majority of commissioners, the lawsuit states.
Knapick claimed Clausi only gave him 90 seconds instead of two minutes to make comments and also cut off his friend, David F. Kaleta, of Shamokin, at 65 seconds when posing questions to Clausi.
The suit also claimed Clausi violated the Sunshine Act by retaliating against a member of the public for objecting to Clausi's alleged violation of the act.
During the meeting Monday, Knapick explained his original intent before being silenced in January was to ask about the cutting of what he claims was hundreds of trees Dec. 10 and Dec. 11, 2011, to create new trails for the Anthracite Outdoor Adventure Area (AOAA).
After the meeting, Knapick and Bowers both said they were satisfied with the outcome of the lawsuit.
Kaleta cut off
Despite the new rules being approved Tuesday - and each individual who approached the podium being timed - it didn't take long for Clausi to cut someone off.
Kaleta, of Shamokin, who has spoken out against the county's development of the AOAA, questioned Clausi about several rumors he has heard about the commissioner involving unethical or illegal activity.
Clausi cut him off after six questions when county solicitor Frank Garrigan said the questions were slanderous.
In January, Kaleta asked similar questions, and the police were called when Kaleta refused to leave the commissioner meeting room.
At that time, Clausi issued a one-paragraph statement saying he would pursue legal action against those entities who choose to broadcast Kaleta's statements. Following the meeting Tuesday, Clausi again threatened legal action.
In addition to two questions regarding illegal betting, Kaleta asked Clausi whether he was being investigated by the FBI or any other federal law enforcement agency and whether he ever threatened David Fisher, former information technology director for Northumberland County who resigned after Clausi's hard drive was thrown away earlier this year.
According to a deposition made in April related to a lawsuit filed by two former county sheriffs' deputies against the county, Fisher said Clausi threatened to slice Fisher's throat.
In the deposition, Fisher also testified that he contacted the FBI when Clausi allegedly asked him to destroy the hard drive. He said he was told by Clausi there was "incriminating evidence" that was placed on the hard drive by an outside party.
The deposition had been posted on Fisher's personal website.
Additionally, Kaleta asked whether Clausi threatened Shamokin City Clerk Steve Bartos by saying he would get "three ethnic people from Philadelphia to beat him up" when Bartos was the county chief clerk.
Kaleta also asked Bridy's thoughts on Clausi's statements to him in November 2011 in light of the deposition; Bridy and Clausi clashed before Bridy was sworn into office.
In November 2011, Bridy criticized Clausi for saying he would "kick their (employees') asses out and slice their throats" in regard to potential layoffs, and stood by his criticism after Clausi said Bridy twisted his words.
However, when Bridy answered Kaleta Tuesday, he said Clausi did not threaten to slice Bridy's throat, but rather the people who were taking advantage of the taxpayers.
During a phone call later Tuesday, Bridy said he considered Clausi's phrasing of "slicing throats" a figure of speech.
Bridy called Kaleta's questions unfounded and unwarranted and demanded that he stop coming to meetings to slander Clausi.
Another lawsuit
Clausi and Bridy made and seconded a motion to file a lawsuit against Kaleta for slandering the commissioner, and it passed 2-1 with Shoch voting against it.
"I can't see us getting into another...," Shoch started, but Clausi cut him off with the gavel and ended the meeting.
After the meeting, Kaleta said he wasn't accusing Clausi of these things, only asking questions about them.
In regard to being sued, Kaleta said he doesn't think Bridy and Clausi had a case against him.