Grand jury says Perkasie Borough Council violated Sunshine Law

Members of the Perkasie Borough Council violated the state Sunshine Act last month because of "an innocent mistake," a Bucks County grand jury concluded in a report released Thursday.

The elected officials will not be held liable for the violation because they had been advised incorrectly by borough manager Daniel Olpere and solicitor Nathan Fox, county District Attorney David Heckler said.

"This was nothing but an innocent mistake," Heckler said, although "the solicitor and a manager as experienced as Mr. Olpere should have known better."

Only elected officials can be penalized for violations, with fines of $100 to $1,000 per person for a first offense, Heckler said at a news conference in his Doylestown office.

"If we thought there was something criminal—that the fix was in—we'd still be investigating and taking it to the grand jury for a much different purpose, he said.

Instead, he agreed with the grand jury's recommendation that the legislature change the law to extend criminal liability to such professionals so they have "skin in the game."

Fox, a lawyer with the Doylestown law firm of Begley, Carlin and Mandio, said his interpretation of the law differed from Heckler's. But the district attorney said the law is clear — selling public property and setting rates for one industrial customer cannot be done behind closed doors.
Olpere could not be reached for comment.

In an executive session after the council's March 6 public meeting, members discussed the possible sale of the old power generating plant that the borough uses as its electric department headquarters, according to the grand jury report.

The proceeds from the sale to a neighboring company, Vacu-Braze, could help build an electric building on another borough property, according to the report.

Council also discussed selling electricity to Vacu-Braze at favorable rates to keep the company from moving to Bethlehem, according to the report. That revenue would also help pay for the new electric building.

The issues were outlined in a three-page memo written by Olpere. No vote was taken during the 20-minute session, with members indicating that Olpere should "put some numbers together" for the sale of the building, according to Olpere's grand jury testimony,

Councilman Justin Stottlar, who took office in January, reported the possible Sunshine Act violation to Heckler the next day.

In 2003, the council was criticized for violating the Sunshine Act for another sale of borough land, but that case was not prosecuted.