Dear Mr. Evans:
This is withreference to Attorney Smith’s letter to you regarding your coverage of the dispute between Mayor Patty Gilliland and the Clearfield Borough Council. Attorney Smith represents Mayor Gilliland.
He states in his letter that he does not intend to litigate this matter through the media but then does so. His letter is an advocacy piece in support of Mayor Gilliland’s claim to “full, unconditional, and unlimited access” to the police department files and records. A reader of the fourth paragraph of his letter might conclude that “the courts of our Commonwealth have consistently held…” in support of this position.
The following is an excerpt from the January 2009 edition of the Pennsylvania Borough News:
“As the role of Borough Councils expanded, the division of authority with regard to the police force began to cause disputes between (Mayors) and Councils. Pennsylvania courts have noted this unique arrangement, and have also lamented the problems it creates.”
…….
“The practical consequence is (and has always been) that Boroughs in Pennsylvania must learn to work with the reality of divided authority over their police departments… The best practice is for elected borough officials to cooperate regarding police department administration – and for the most part that occurs.”
You previously reported Clearfield Borough Council’s statements of its attempts to work with the Mayor on a security policy to protect the integrity of police department files and records.
Sincerely,
Kim C. Kesner, Esquire
Clearfield
Clearfield Borough Solicitor