Preview
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
David P. Carson, Esquire Kane sagar Poudyel
Attorney ID No. 83843
2547 Lititz Pike
Lancaster, PA 17601
717-569-3850
dpearsoniverizon.net
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL DIVISION
Linda Carson and David Carson, CI-23-03632
Plaintiffs
No. CI-
v
Lititz Borough,
Defendant
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
with twenty (20) days, or within the time set for the by order of
the court, after this complaint and notice are served, by
entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that it you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for
any money claimed in the complaint or for any other claims or
relief requests by the plaintiffs. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF You
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO
FEE.
LANCASTER BAR ASSOCIATION
Lawyer Referral Service
28 East Orange Street
Lancaster, PA 17602
Telephone: 717-393-0737
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
David P. Carson, Esquire Kane sagar Poudyel
Attorney ID No. 83843
2547 Lititz Pike
Lancaster, PA 17601
717-569-3850
dpearsonéverizon.net
IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL DIVISION
Linda Carson and David Carson, CI-23-03632
Plaintiffs
No. CI-
v
Lititz Borough,
Defendant
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Linda Carson and David Carson, the Plaintiffs, respectfully
present the following Complaint for Declaratory and Injunctive
Relief averring as follows:
1. This Honorable Court has jurisdiction over this matter
pursuant to 42 Pa. C.S. section 931(a) and 65 Pa. C.S. section
715.
2. The Plaintiffs, Linda Carson and David Carson, are Lititz
Borough residents.
3. The Defendant is Lititz Borough.
4. The Plaintiffs bring this lawsuit based on the
Defendant’s clear violations of the Pennsylvania Sunshine Act.
5. The Pennsylvania Sunshine Act Pa. 65 C.S. sections
701-716 requires agencies to deliberate and take official action
on agency business in an open and public meeting. It requires
that meetings have prior written notice, and that the public can
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
attend, participate, and comment before an agency takes Rand Sagar Poudyel
action. PA. C.S. section 701 et seq. Attached is a true and
correct copy of a page from the PA Open Records (PA OOR) website
xegarding Pennsylvania’s Sunshine Act (Open Meetings Law) as
Exhibit A.
6. Pennsylvania citizens’ ability to attend government
agency meetings that discuss public business and to comm@it 23-03632
issues under consideration is vital to a functioning democracy.
In order for Pennsylvanians to participate in such meetings, the
agency must give notice not only of the meeting schedule, but
also the topics planned for discussion. Those rights of
participation and transparency, are in the words of the
Pennsylvania General Assembly, “vital to the enhancement and
proper functioning of the democratic process, “ because, “secrecy
in public affairs undermines the faith of the public in
government and the public’s effectiveness in fulfilling its role
in a democratic society. u See 65 Pa. C.S. section 702.
7. The Pennsylvania Sunshine Act (Sunshine Act) applies to
any local governmental body and all sub-units appointed by that
body that perform an essential government function and exercise
authority to take official action or to render advice. It
includes boards, councils, authorities, commissions, and
committees. See Exhibit A.
8. The Plaintiffs are well aware of the requirements of the
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
Sunshine Act and the need to post timely and accurate nokane Saar Poudyel
meeting dates and times that accurately describe the matters that
the body will or may discuss.
9 The Sunshine Act defines an agency as the body and
all committees thereof that are authorized to render advice or to
take official action on behalf of the governing body. See
Exhibit A. CI-23-03632
10. The Sunshine Act defines a meeting as any prearranged
gathering of an agency which is attended or participated in by a
quorum of the members of an agency held for the purposes of
deliberating agency business or taking official action. See
Exhibit A.
11. The Sunshine Act definition of official action
includes four categories:
a. Recommendations made by an agency pursuant to
statute, ordinance or executive order.
b The establishment of policy by an agency.
c The decisions on agency business made by an agency.
The vote taken by any agency on any motion,
proposal, resolution, rule, regulation, ordinance,
report, or order.
See Exhibit A.
12. The Sunshine Act defines agency business as the
framing, preparation, making or enactments of laws, policy or
regulations, the creation of liability by contract or otherwise
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
or the adjudication of rights, duties and responsibilitiggne sagar Poudyel
Agency business specifically does not include administrative
action (i.e., the execution or carrying out of previously
official action or policies) . See Exhibit A.
13. The Sunshine Act defines deliberation as the
discussion of agency business for the purpose of making a
decision. See Exhibit A. CI-23-03632
14. Pennsylvania Senate Bill 554 amended the Sunshine Act
to include the requirement that agencies post the agenda for all
public meeting at least 24 hours in advance. This change took
effect August 29, 2021 and applies to all agencies covered by the
Sunshine Act. See 65 Pa. C.S. section 709(c.1). See Exhibit A.
15. The agenda requirement applies to all regular and
special public meetings. See Exhibit A.
16. The agenda should include all issues to be deliberated
on and any planned official action, such as votes. The agenda
must “includes a listing of each matter of agency business that
will be or may be the subject of deliberation or official action
at the meeting.” See 65 Pa. C.S. section 709(c.1).
17. Senate Bill 554 combined with existing Sunshine Act
related case law provides some initial perspective and guidance
regarding the specificity of agenda items in order to conform
with the Sunshine Act.
18. The PA OOR website page refers to the “Reading Eagle
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
Case” as a reference for the specificity of an agenda. Poudyel
agile Co. v. Council, 156 Pa. Commw. 412, 416-417 (Pa. Cmmw. Ct.
1993). See Exhibit A.
19. The PA OOR website page states: It is advisable to
use the same standard for agendas, whereby the description of the
agenda item must be “of sufficient specificity to inform that
there is, in reality, a specific, discrete matter or are€}h29-03632
the board has determined should be discussed (deliberated and/or
decided by official action)” In sum, avoid general cryptic terms
and provide as many specific concrete details as possible.
20. On May 3, 2023, Plaintiff David Carson attended a
webinar presented by the PA OOR entitled “Basics of the Sunshine
Act.” See Exhibit B.
21. At the May 3, 2023 PA OOR webinar, in regards to the
contents of an agenda to meet Senate Bill 554 and Sunshine Act
specificity standards for a meeting, the presenter stated “the
agenda should have enough information that a reasonable person
could assume what action will be discussed.”
22. Lititz Borough established the Parks Committee
(Parks Committee) to make recommendations to Lititz Borough
Council (Borough Council) for developing new Borough parks, for
maintaining current parks and equipment, and for developing park
resources for effective pleasure and recreational use.
23. The Parks Committee meetings are held monthly on the
third Monday of each month at 4 p.m.
24. On information and belief, the Parks Committee
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
meetings were not held as an open and public meeting up k@né@3dgar Poudyel
including either December, 2022 or January, 2023.
25. The Parks Committee meetings did not provide an agenda
for the meetings up to and including either December, 2022 or
January, 2023 as required by Pennsylvania Senate Bill 554 and the
Sunshine Act. In fact, no agenda was posted at all.
26. The Parks Committee meetings do not qualify a€hr23-03632
Executive Session under the Sunshine Act, which permits a closed
meeting.
27. Beginning either January, 2023 or February, 2023, the
Parks Committee meetings were advertised and an agenda was
posted.
28. The Parks Committee held a meeting on April 17, 2023.
The Plaintiffs attended the meeting. Attached is a true and
correct copy of the meeting agenda as Exhibit C.
29. The April 17, 2023 Parks Committee meeting agenda
lists agenda item number 3 as: Sixth Street Park Phase 1.
30. A video and audio recording of the meeting was made by
Borough staff.
31. At the April 17, 2023 Parks Committee meeting, it
discussed the results of a vote held at the Lititz Public Library
regarding play equipment for the proposed Sixth Street Park.
32. At the April 17, 2023 Parks Committee meeting,
beginning at about 8:45 (eight minutes, forty-five seconds) of
the meeting Plaintiff Linda Carson asked what the total cost is
for the proposed Sixth Street Park. In response, a Borough staff
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
person stated there is no total cost at this time as it de@peBdgar Poudyel
on the voting results of the playground equipment in determining
cost.
33. At the April 17, 2023 Parks Committee meeting, a
participant asked what the budget is for the proposed Sixth
Street Park. In response, a Borough staff person stated the
municipal budget for the proposed park is approximately €4-20003632
34. At the April 17, 2023 Parks Committee meeting, a
motion was presented and passed as a recommendation from the
Parks Committee to Borough Council as follows: “Recommend and
review the priorities of the voting results.” The video and
audio recording of the meeting shows the presentation and voting
on the motion beginning at about 15:10 (fifteen minutes, ten
seconds) of the meeting. This was the only motion discussed,
voted on, and passed at the meeting.
35. After the meeting, the Plaintiffs were provided a copy
of the video and audio recording by Borough staff in response to
a Right-To-Know law request.
36. The Lititz Borough Council (Borough Council) held a
regular monthly meeting on April 25, 2023. The Plaintiffs
attended the meeting. Attached is a true and correct of the
meeting agenda as Exhibit D.
37. The April 25, 2023 Borough Council meeting agenda
lists agenda item number 7.F. as: Parks Committee Recommendations
for Sixth Street Park Phase 1.
38. At the April 25, 2023 Borough Council meeting, the
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
25 23 03:49PM
Parks Committee made a comprehensive slide presentation Make
$ gaPoudyel
the proposed Sixth Street Park. This was the first time of this
slide presentation.
39. The slide presentation contained entire information of
the proposed park, including drawings and cost information.
40. The slide presentation provided cost information of
the proposed Sixth Street Park which was new and in a di€fPrantQ3632
amount than the amount previously provided verbally. Attached is
a true and correct copy of the slide presentation as Exhibit D.
41. At the April 25, 2023 Borough Council meeting, the
Parks Committee made a recommendation to the Borough Council te
approve the information in the slide presentation of the entire
proposed Sixth Street Park, including the cost information in
Exhibit D.
42. At the April 25, 2023 Borough Council meeting, a
motion was presented and passed to approve the entire information
in the slide presentation of the entire proposed Sixth Street
Park, including the cost information in Exhibit D.
43. After the meeting, the Plaintiffs were provided a copy
of the slide presentation by Borough staff in response to a
Right-To-Know Law request.
counT_I
Violation Of The Sunshine Act For Failure to Provide an
Agenda With Specificity To Inform, And Did Not Provide Enough
Information That A Reasonable Person Could Assume What Will Be
Discussed At The April 25, 2023 Lititz Borough Council Meeting.
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
44. The Plaintiffs hereby incorporate and adopt tk@ne sagar Poudyel
allegations and averments in the foregoing paragraphs of this
Complaint.
45. The Sunshine Act and Pennsylvania Senate Bill 554
provide guidance regarding the specificity of agenda items in
order to conform with the Sunshine Act. See Exhibit A.
46. From the PA OOR website page in Exhibit aA, itGbel@-03632
It is advisable to use the same standards for agendas, whereby
the description of the agenda item must be “of sufficient
specificity to inform . that there is, in reality, a specific,
discrete matter or area which the board has determined should be
discussed (deliberated and/or decided by official action) .” In
sum, avoid general cryptic terms and provide as many specific
details as possible.
47. At the May 3, 2023 PA OOR webinar attended by
Plaintiff David Carson, in regards to the contents of an agenda
to meet Senate Bill 554 and Sunshine Act specificity standards
for a meeting, the presenter stated “the agenda should have
enough information that a reasonable person could assume what
will be discussed.”
48. At its April 25, 2023 Borough Council meeting, the
Defendant violated the Sunshine Act and Senate Bill 554 by not
providing an agenda with specificity to inform, and the agenda
did not provide enough information that a reasonable person could
assume what will be discussed. See 65 Pa. C.S. section 709(c.1).
49. The Parks Committee passed a motion at its April 17,
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
May 25 2023 03:49PM
2023 meeting only to “recommend and review the prioritiegapé sh}ér Poudyel
voting results” to Borough Council, i.e. the voting results of
the playground equipment of the vote taken at the Lititz Library.
50. The April 25, 2023 Borough Council meeting agenda
stated “Parks Committee Recommendations for Sixth Street Park
Phase 1."
51. A reasonable person would assume that only th€]I-23-03632
recommendations and priorities of voting results would be
discussed at the Borough Council; and not recommendations for the
entire proposed Sixth Street Park including cost information.
52. The Plaintiffs reasonably relied on the April 17, 2023
Parks Committee meeting resolution that was passed and the April
25, 2023 Borough Council meeting agenda, that only the
recommendations and priorities of voting results passed by the
Parks Committee would be presented by the parks Committee to the
Borough Council; and not recommendations for the entire park
concept and cost information.
53. Based on this reliance, the Plaintiffs prepared to
discuss only the park equipment voting results at the Borough
Council meeting, and not the entire park information.
COUNT II
Violation Of The Sunshine Act By Lititz Borough Parks
Committee Taking Official Action At A Closed Meeting.
54. The Plaintiffs hereby incorporate and adopt the
allegations and averments in the foregoing paragraphs of this
Complaint.
10
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
Ma’ 25 2023 03:49PM
55. At the April 17, 2023 parks committee meeting,,| @59Y9P Poudyel
staff stated there is no total cost for the proposed Sixth Street
Park at that time. The Borough staff person also stated the
municipal budget for the proposed park is approximately $60,000.
56. At the April 25, 2023 Borough Council meeting, the
Parks Committee presented cost information of the proposed Sixth
Street Park to the Borough Council of $250,000 total proftBea3-03632
spending. See Exhibit E.
57. The Parks Committee never discussed such cost
information for the proposed Sixth Street Park in an open meeting
as required by the Sunshine Act.
58. fhe Parks Committee never voted to approve such
cost information for the proposed Sixth Street Park in an open
meeting as required by the Sunshine Act.
59. The Sunshine Act requires all agency official action
to be taken at open and public meetings. The Parks Committee is
subject to the Sunshine Act.
60. The Lititz Borough Parks Committee meetings prior to
January, 2023 or February, 2023 were not open and public meetings
as required by the Sunshine Act.
61. The Plaintiffs were provided notes of Parks Committee
meetings that occurred beginning in approximately March, 2022 to
either January, 2023 or February, 2023.
62, The Plaintiffs became aware of the closed meeting
&
i
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
2023 03:49PM
violation in regards to the cost information for the propaba gar Poudyel
Sixth Street Park at the April 25, 2023 Lititz Borough Council
meeting.
63. Lititz Borough violated the Pennsylvania Sunshine
Act at all of its Parks Committee meetings prior to January, 2023
or February, 2023.
64. The only effective remedy to correct the SunsGjfh<2Ab:03632
violations and to allow the Plaintiff to provide legally required
public input, and other Lititz Borough residents, is to void the
results of Defendant Lititz Borough acts. See Pa. C.S. section
713. The Plaintiffs have suffered and will continue to suffer
irreparable harm as a result of the unlawful acts, omissions,
policies, and practices of Defendant Lititz Borough, as alleged
herein, unless the Court grants the relief requested.
65. The Defendant’s violations of the Sunshine Act
regarding the agenda and open meetings requirements
effectively deprived the Plaintiffs, and other Lititz Borough
residents, the opportunity to meaningfully participate in the
decision-making process.
66. The Sunshine Act requires a complaint be filed within
30 (thirty) days in which the violation occurred in an open
meeting; and with 30 (thirty) days of the discovery of the
violation which occurred in a closed meeting, as long as it is no
longer than one year from when the meeting was held.
WHEREFORE, for the reasons stated above, the Plaintiffs,
12
ENTERED AND FILED
PROTHONOTARY’S OFFICE
LANCASTER, PA
*** Electronically Filed***
3 03:49PM
respectfully request that this Honorable Court enter sudgahde.cay Poudyel
their favor and against Defendant Lititz Borough and:
a Demand it comply with all Sunshine Act requirements;
b Void the result of the Lititz Borough Council action
taken at its April 25, 2023 meeting regarding the
proposed Sixth Street Park.
Void the results of all Lititz Borough Parks Con@Jt12g-03632
actions taken at all closed Parks Committee meetings
Preview
ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM David P. Carson, Esquire Kane sagar Poudyel Attorney ID No. 83843 2547 Lititz Pike Lancaster, PA 17601 717-569-3850 dpearsoniverizon.net IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL DIVISION Linda Carson and David Carson, CI-23-03632 Plaintiffs No. CI- v Lititz Borough, Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action with twenty (20) days, or within the time set for the by order of the court, after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that it you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claims or relief requests by the plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF You DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. LANCASTER BAR ASSOCIATION Lawyer Referral Service 28 East Orange Street Lancaster, PA 17602 Telephone: 717-393-0737 ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM David P. Carson, Esquire Kane sagar Poudyel Attorney ID No. 83843 2547 Lititz Pike Lancaster, PA 17601 717-569-3850 dpearsonéverizon.net IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL DIVISION Linda Carson and David Carson, CI-23-03632 Plaintiffs No. CI- v Lititz Borough, Defendant COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Linda Carson and David Carson, the Plaintiffs, respectfully present the following Complaint for Declaratory and Injunctive Relief averring as follows: 1. This Honorable Court has jurisdiction over this matter pursuant to 42 Pa. C.S. section 931(a) and 65 Pa. C.S. section 715. 2. The Plaintiffs, Linda Carson and David Carson, are Lititz Borough residents. 3. The Defendant is Lititz Borough. 4. The Plaintiffs bring this lawsuit based on the Defendant’s clear violations of the Pennsylvania Sunshine Act. 5. The Pennsylvania Sunshine Act Pa. 65 C.S. sections 701-716 requires agencies to deliberate and take official action on agency business in an open and public meeting. It requires that meetings have prior written notice, and that the public can ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM attend, participate, and comment before an agency takes Rand Sagar Poudyel action. PA. C.S. section 701 et seq. Attached is a true and correct copy of a page from the PA Open Records (PA OOR) website xegarding Pennsylvania’s Sunshine Act (Open Meetings Law) as Exhibit A. 6. Pennsylvania citizens’ ability to attend government agency meetings that discuss public business and to comm@it 23-03632 issues under consideration is vital to a functioning democracy. In order for Pennsylvanians to participate in such meetings, the agency must give notice not only of the meeting schedule, but also the topics planned for discussion. Those rights of participation and transparency, are in the words of the Pennsylvania General Assembly, “vital to the enhancement and proper functioning of the democratic process, “ because, “secrecy in public affairs undermines the faith of the public in government and the public’s effectiveness in fulfilling its role in a democratic society. u See 65 Pa. C.S. section 702. 7. The Pennsylvania Sunshine Act (Sunshine Act) applies to any local governmental body and all sub-units appointed by that body that perform an essential government function and exercise authority to take official action or to render advice. It includes boards, councils, authorities, commissions, and committees. See Exhibit A. 8. The Plaintiffs are well aware of the requirements of the ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM Sunshine Act and the need to post timely and accurate nokane Saar Poudyel meeting dates and times that accurately describe the matters that the body will or may discuss. 9 The Sunshine Act defines an agency as the body and all committees thereof that are authorized to render advice or to take official action on behalf of the governing body. See Exhibit A. CI-23-03632 10. The Sunshine Act defines a meeting as any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency held for the purposes of deliberating agency business or taking official action. See Exhibit A. 11. The Sunshine Act definition of official action includes four categories: a. Recommendations made by an agency pursuant to statute, ordinance or executive order. b The establishment of policy by an agency. c The decisions on agency business made by an agency. The vote taken by any agency on any motion, proposal, resolution, rule, regulation, ordinance, report, or order. See Exhibit A. 12. The Sunshine Act defines agency business as the framing, preparation, making or enactments of laws, policy or regulations, the creation of liability by contract or otherwise ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM or the adjudication of rights, duties and responsibilitiggne sagar Poudyel Agency business specifically does not include administrative action (i.e., the execution or carrying out of previously official action or policies) . See Exhibit A. 13. The Sunshine Act defines deliberation as the discussion of agency business for the purpose of making a decision. See Exhibit A. CI-23-03632 14. Pennsylvania Senate Bill 554 amended the Sunshine Act to include the requirement that agencies post the agenda for all public meeting at least 24 hours in advance. This change took effect August 29, 2021 and applies to all agencies covered by the Sunshine Act. See 65 Pa. C.S. section 709(c.1). See Exhibit A. 15. The agenda requirement applies to all regular and special public meetings. See Exhibit A. 16. The agenda should include all issues to be deliberated on and any planned official action, such as votes. The agenda must “includes a listing of each matter of agency business that will be or may be the subject of deliberation or official action at the meeting.” See 65 Pa. C.S. section 709(c.1). 17. Senate Bill 554 combined with existing Sunshine Act related case law provides some initial perspective and guidance regarding the specificity of agenda items in order to conform with the Sunshine Act. 18. The PA OOR website page refers to the “Reading Eagle ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM Case” as a reference for the specificity of an agenda. Poudyel agile Co. v. Council, 156 Pa. Commw. 412, 416-417 (Pa. Cmmw. Ct. 1993). See Exhibit A. 19. The PA OOR website page states: It is advisable to use the same standard for agendas, whereby the description of the agenda item must be “of sufficient specificity to inform that there is, in reality, a specific, discrete matter or are€}h29-03632 the board has determined should be discussed (deliberated and/or decided by official action)” In sum, avoid general cryptic terms and provide as many specific concrete details as possible. 20. On May 3, 2023, Plaintiff David Carson attended a webinar presented by the PA OOR entitled “Basics of the Sunshine Act.” See Exhibit B. 21. At the May 3, 2023 PA OOR webinar, in regards to the contents of an agenda to meet Senate Bill 554 and Sunshine Act specificity standards for a meeting, the presenter stated “the agenda should have enough information that a reasonable person could assume what action will be discussed.” 22. Lititz Borough established the Parks Committee (Parks Committee) to make recommendations to Lititz Borough Council (Borough Council) for developing new Borough parks, for maintaining current parks and equipment, and for developing park resources for effective pleasure and recreational use. 23. The Parks Committee meetings are held monthly on the third Monday of each month at 4 p.m. 24. On information and belief, the Parks Committee ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM meetings were not held as an open and public meeting up k@né@3dgar Poudyel including either December, 2022 or January, 2023. 25. The Parks Committee meetings did not provide an agenda for the meetings up to and including either December, 2022 or January, 2023 as required by Pennsylvania Senate Bill 554 and the Sunshine Act. In fact, no agenda was posted at all. 26. The Parks Committee meetings do not qualify a€hr23-03632 Executive Session under the Sunshine Act, which permits a closed meeting. 27. Beginning either January, 2023 or February, 2023, the Parks Committee meetings were advertised and an agenda was posted. 28. The Parks Committee held a meeting on April 17, 2023. The Plaintiffs attended the meeting. Attached is a true and correct copy of the meeting agenda as Exhibit C. 29. The April 17, 2023 Parks Committee meeting agenda lists agenda item number 3 as: Sixth Street Park Phase 1. 30. A video and audio recording of the meeting was made by Borough staff. 31. At the April 17, 2023 Parks Committee meeting, it discussed the results of a vote held at the Lititz Public Library regarding play equipment for the proposed Sixth Street Park. 32. At the April 17, 2023 Parks Committee meeting, beginning at about 8:45 (eight minutes, forty-five seconds) of the meeting Plaintiff Linda Carson asked what the total cost is for the proposed Sixth Street Park. In response, a Borough staff ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM person stated there is no total cost at this time as it de@peBdgar Poudyel on the voting results of the playground equipment in determining cost. 33. At the April 17, 2023 Parks Committee meeting, a participant asked what the budget is for the proposed Sixth Street Park. In response, a Borough staff person stated the municipal budget for the proposed park is approximately €4-20003632 34. At the April 17, 2023 Parks Committee meeting, a motion was presented and passed as a recommendation from the Parks Committee to Borough Council as follows: “Recommend and review the priorities of the voting results.” The video and audio recording of the meeting shows the presentation and voting on the motion beginning at about 15:10 (fifteen minutes, ten seconds) of the meeting. This was the only motion discussed, voted on, and passed at the meeting. 35. After the meeting, the Plaintiffs were provided a copy of the video and audio recording by Borough staff in response to a Right-To-Know law request. 36. The Lititz Borough Council (Borough Council) held a regular monthly meeting on April 25, 2023. The Plaintiffs attended the meeting. Attached is a true and correct of the meeting agenda as Exhibit D. 37. The April 25, 2023 Borough Council meeting agenda lists agenda item number 7.F. as: Parks Committee Recommendations for Sixth Street Park Phase 1. 38. At the April 25, 2023 Borough Council meeting, the ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** 25 23 03:49PM Parks Committee made a comprehensive slide presentation Make $ gaPoudyel the proposed Sixth Street Park. This was the first time of this slide presentation. 39. The slide presentation contained entire information of the proposed park, including drawings and cost information. 40. The slide presentation provided cost information of the proposed Sixth Street Park which was new and in a di€fPrantQ3632 amount than the amount previously provided verbally. Attached is a true and correct copy of the slide presentation as Exhibit D. 41. At the April 25, 2023 Borough Council meeting, the Parks Committee made a recommendation to the Borough Council te approve the information in the slide presentation of the entire proposed Sixth Street Park, including the cost information in Exhibit D. 42. At the April 25, 2023 Borough Council meeting, a motion was presented and passed to approve the entire information in the slide presentation of the entire proposed Sixth Street Park, including the cost information in Exhibit D. 43. After the meeting, the Plaintiffs were provided a copy of the slide presentation by Borough staff in response to a Right-To-Know Law request. counT_I Violation Of The Sunshine Act For Failure to Provide an Agenda With Specificity To Inform, And Did Not Provide Enough Information That A Reasonable Person Could Assume What Will Be Discussed At The April 25, 2023 Lititz Borough Council Meeting. ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM 44. The Plaintiffs hereby incorporate and adopt tk@ne sagar Poudyel allegations and averments in the foregoing paragraphs of this Complaint. 45. The Sunshine Act and Pennsylvania Senate Bill 554 provide guidance regarding the specificity of agenda items in order to conform with the Sunshine Act. See Exhibit A. 46. From the PA OOR website page in Exhibit aA, itGbel@-03632 It is advisable to use the same standards for agendas, whereby the description of the agenda item must be “of sufficient specificity to inform . that there is, in reality, a specific, discrete matter or area which the board has determined should be discussed (deliberated and/or decided by official action) .” In sum, avoid general cryptic terms and provide as many specific details as possible. 47. At the May 3, 2023 PA OOR webinar attended by Plaintiff David Carson, in regards to the contents of an agenda to meet Senate Bill 554 and Sunshine Act specificity standards for a meeting, the presenter stated “the agenda should have enough information that a reasonable person could assume what will be discussed.” 48. At its April 25, 2023 Borough Council meeting, the Defendant violated the Sunshine Act and Senate Bill 554 by not providing an agenda with specificity to inform, and the agenda did not provide enough information that a reasonable person could assume what will be discussed. See 65 Pa. C.S. section 709(c.1). 49. The Parks Committee passed a motion at its April 17, ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** May 25 2023 03:49PM 2023 meeting only to “recommend and review the prioritiegapé sh}ér Poudyel voting results” to Borough Council, i.e. the voting results of the playground equipment of the vote taken at the Lititz Library. 50. The April 25, 2023 Borough Council meeting agenda stated “Parks Committee Recommendations for Sixth Street Park Phase 1." 51. A reasonable person would assume that only th€]I-23-03632 recommendations and priorities of voting results would be discussed at the Borough Council; and not recommendations for the entire proposed Sixth Street Park including cost information. 52. The Plaintiffs reasonably relied on the April 17, 2023 Parks Committee meeting resolution that was passed and the April 25, 2023 Borough Council meeting agenda, that only the recommendations and priorities of voting results passed by the Parks Committee would be presented by the parks Committee to the Borough Council; and not recommendations for the entire park concept and cost information. 53. Based on this reliance, the Plaintiffs prepared to discuss only the park equipment voting results at the Borough Council meeting, and not the entire park information. COUNT II Violation Of The Sunshine Act By Lititz Borough Parks Committee Taking Official Action At A Closed Meeting. 54. The Plaintiffs hereby incorporate and adopt the allegations and averments in the foregoing paragraphs of this Complaint. 10 ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** Ma’ 25 2023 03:49PM 55. At the April 17, 2023 parks committee meeting,,| @59Y9P Poudyel staff stated there is no total cost for the proposed Sixth Street Park at that time. The Borough staff person also stated the municipal budget for the proposed park is approximately $60,000. 56. At the April 25, 2023 Borough Council meeting, the Parks Committee presented cost information of the proposed Sixth Street Park to the Borough Council of $250,000 total proftBea3-03632 spending. See Exhibit E. 57. The Parks Committee never discussed such cost information for the proposed Sixth Street Park in an open meeting as required by the Sunshine Act. 58. fhe Parks Committee never voted to approve such cost information for the proposed Sixth Street Park in an open meeting as required by the Sunshine Act. 59. The Sunshine Act requires all agency official action to be taken at open and public meetings. The Parks Committee is subject to the Sunshine Act. 60. The Lititz Borough Parks Committee meetings prior to January, 2023 or February, 2023 were not open and public meetings as required by the Sunshine Act. 61. The Plaintiffs were provided notes of Parks Committee meetings that occurred beginning in approximately March, 2022 to either January, 2023 or February, 2023. 62, The Plaintiffs became aware of the closed meeting & i ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** 2023 03:49PM violation in regards to the cost information for the propaba gar Poudyel Sixth Street Park at the April 25, 2023 Lititz Borough Council meeting. 63. Lititz Borough violated the Pennsylvania Sunshine Act at all of its Parks Committee meetings prior to January, 2023 or February, 2023. 64. The only effective remedy to correct the SunsGjfh<2Ab:03632 violations and to allow the Plaintiff to provide legally required public input, and other Lititz Borough residents, is to void the results of Defendant Lititz Borough acts. See Pa. C.S. section 713. The Plaintiffs have suffered and will continue to suffer irreparable harm as a result of the unlawful acts, omissions, policies, and practices of Defendant Lititz Borough, as alleged herein, unless the Court grants the relief requested. 65. The Defendant’s violations of the Sunshine Act regarding the agenda and open meetings requirements effectively deprived the Plaintiffs, and other Lititz Borough residents, the opportunity to meaningfully participate in the decision-making process. 66. The Sunshine Act requires a complaint be filed within 30 (thirty) days in which the violation occurred in an open meeting; and with 30 (thirty) days of the discovery of the violation which occurred in a closed meeting, as long as it is no longer than one year from when the meeting was held. WHEREFORE, for the reasons stated above, the Plaintiffs, 12 ENTERED AND FILED PROTHONOTARY’S OFFICE LANCASTER, PA *** Electronically Filed*** 3 03:49PM respectfully request that this Honorable Court enter sudgahde.cay Poudyel their favor and against Defendant Lititz Borough and: a Demand it comply with all Sunshine Act requirements; b Void the result of the Lititz Borough Council action taken at its April 25, 2023 meeting regarding the proposed Sixth Street Park. Void the results of all Lititz Borough Parks Con@Jt12g-03632 actions taken at all closed Parks Committee meetings