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Councilmember Andrew Hayman's Legal Complaint Against Fellow Councilmembers

Councilmember Andrew Hayman's Legal Complaint Against Fellow Councilmembers

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3K views17 pages

Councilmember Andrew Hayman's Legal Complaint Against Fellow Councilmembers

Councilmember Andrew Hayman's Legal Complaint Against Fellow Councilmembers

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> Zonsoma ZOmnoma 3 Supreme CourtofPennsylvania CourfofCémmonPleas i} Cavey Set The information collected onthe form used solely for supplement or replace the fling and service of plead ‘ar othe papers as For Prothonotary Use Only: oak No ‘court administration purposes. This form docs not ied by aw or rules of court (Commencement of Acti Tlesmpit "El witorsanaee Direiioe Strom Aso hntce Ey Beteton ot Takig gases te . rier Veerlene alr AncntReqesed” Evita wt ilo ‘Are money damages requested? E1Yes [2‘No ee pene Isthisa Cass Acton Suit Yes No | wthivanasdppet?” —C1Yes No Name ofPainia/Appli's Asoo: ‘Check here if you have no attorney ( are a Sel Represented [Pro SejLitigant) you consider mos important [Nature ofthe Case: Place an" othe lef ofthe ONE case category that mos accurately describes your ‘PRIMARY CASE. If you are making mor tan on ype of chi, check tbe one tat Premises Lisbiiy TOR co nrc Mae To [CONTRACT iarnarcint apna) | [CIVIL APPRATS. Totton Pi bayer an “Admire Agri (ED Matias Prosecton Bete catetion: Credit Card {BB of Aasemere Ei Motor venicie EX bes: Cason: Oter Bead ofFlectons Nauce Dept of Trasporation Sttuery Appear Ey Ground Rent 1B Otter Proesiona Fy Linon Tene Disp ae Peas Deed Fite tenn || ae coer || zmmemams a Dotter: now ao a — Biss os — an Hise moreRTy acELLAEOTS Ls al D] Emineat Dossin/Condemastion [Ey common LawiStnsor Arbirato| Beelury Indgmest, Mandamas ‘Non-Domestic Relaons SS | Fre Pret: Reich [PROFESSIONAL LIABLITY MonengsForcosue: Commercial | | E]Quo Warasto Dens Bretce Brepievin Bist Dy ouer Tite 1 Medi Tote: Sitch Mel Compa Upitod 200 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY ANDREW HAYMAN 309 Edmonds Avenue Drexel Hill, PA 19026 Plaintiff v wo.cv-202-(OEQ!O BRIAN BURKE, LAURA WENTZ, MATT SILVA, MEAGHAN WAGNER, LISA FARAGLIA, BRIAN ANDRUSZKO and UPPER DARBY TOWNSHIP 100 Garret Road Upper Darby, Pa 19082 Defendants NOTICE TO DEFEND ‘You have been sued in court. Ifyou wish o defend against the laisse forth in te following pages, you must ake aetion within twenty (20) davs afer this complaint and notice reserved, by entering a writen appearance personally or by an ltorney and fling in writing withthe court your defenses or objections tothe claims se forth ‘gainst you. You are warned that if you fil todo so the case may proceed without further notice for any money claimed inthe complaint oe for anyother claim or relict requested by the plaintiff. You may lose money or property or other sights imporiant 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 ELIGBLE PERSONS AT A REDUCED FEE OR NO FEE, LAWYERS RFERENCE SERVICE FRONT AND LEMON STREETS ‘MEDIA, PA 19063 610-566-6625 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY ANDREW HAYMAN, 309 Edmonds Avenue Drexel Hill, PA. 19026 id Ni TF Lat Plains el v. No. cv.2022. BRIAN BURKE, LAURA WENTZ, MATT SILVA, MEAGHAN WAGNER, LISA. FARAGLIA, BRIAN ANDRUSZKO and UPPER DARBY TOWNSHIP 100 Garret Road Upper Darby, Pa 19082 Defendants COMPLAINT Plaintiff, Andrew Hayman hereby brings the following action in equity against Brian ‘Burke, Laura Wentz, Matt Silva, Meaghan Wagner, Lisa Faraglia, Brian Andruszko, and Upper Darby Township (the “Defendants to invalidate official actions taken in violation ofthe ‘Sunshine Act, and avers in support thereof the following: INTRODUCTION 1. In Pennsylvania, residents havea statutory right to know about and participate ia {goverment decision making which is protected by the Sunshine Act. 2. Citizens have the right to attend all meetings of public agencies where public busines is discussed and decided-and to give comment before action is taken in their names, 3. That right of participation and transparency i, inthe words ofthe General Assembly, "vital tothe enhancement and proper Functioning ofthe democratic process,” because “secrecy in public affairs undermines the faith ofthe public in government and the public's effectiveness in ulling its ole in a democratic society." 65 PaCS. § 702 4. The Decision to institut tigation against an employee and the Townships ‘rave dession which requires authorization by public vote at public meting 5. The Defendants herein purported to authorize fling ofa declaratory judgment action against Vincent Rongione, the Township's Chief Administrative Officer, docketed at ‘Upper Darby Township Council v Rongione CV-2022-003421, without a publi meeting 6, The authorization was apparenly solicited though a series of communications st a commitee mecting and by telephone between individual Defendants and an atomey appointed by them to represent the Township Council separate fom the Township Solicitor. Five members of Council including this Paint were excluded from all such communications entirely. 7. The itigaton was initiated on June 7, 2022 without public notice or an opportunity to comment 8 Notice was not even given tothe other five clected members ofthe Township Counc 9. Plaintiff only discovered tat the lawsuit ad ben filed by the Township on June 15,2022 whea Defendant Wentz mentioned atthe Township Coun! meting that hearing on the lawsuit had been scheduled. 10. The Defendants then voted to expel Vincent Rongione, a Township Resident, {fom the June 15,2022 Township Counel public meeting, which i a further and separate Violation of the Sunshine Act. All Township residents are permite to attend public meetings of Council 11, Plaintiff a resident and elected Council person for Upper Darby Township, bas ‘been forced totam to this Court to invalidate the illegal ations taken by Defendants and curtail the Defendants’ patter of repeated and willful violations of the Sunshine Act URISDICTION AND VENUE 12, This Court has origina jurisdiction over this Complaint pursuant to 42 PaCS $9316) and 65 PaCS. §715, 13, Venue exists i this Court pursuant to Pennsylvania Rules of Civil Procedure 1006 and 2103 because this action arose in Delaware County and this is a suit aginst a political subdivision located within Delaware Couaty PARTIES 14, Plaintiffs Andrew Hayman, an adult invidul and elected council member fom the Fifth Distict in Upper Darky Township, Hayman's legal aes is 309 Edmonds Avenue, ‘Drexel Hull Peansyvania 19026 15, Defendant Upper Darby Township is «Pennsylvania municipal corporation and ‘home rule charter municipality witha legal adress of 100 Garret Road, Upper Darby Pennsylvania 19082. 16, Defendant Brian Buse is an elected member of Township Council in Upper arty Township witha busines addres of 100 Garret Road, Upper Darby PA 19082, 17, Defendant Laura Wentz isan elected member of Township Council in Upper Darby Township with a business addres of 100 Garret Road, Upper Darby PA 19082, 18, Defendant Mat Silva is an elected member of Township Council in Upper Darby ‘Township witha business address of 100 Garret Road, Upper Darby PA 19082. 19, Defendant Meaghan Wagner isan elected member of Township Council in Upper Darby Township with a busines adress of 100 Garet Road, Upper Day PA 19082 20, Defendant Lisa Farsgia san elected member of Township Council in Upper Darby Township witha business addres of 100 Garet Road, Upper Darby PA 19082. 21. Defendant Brian Andruszko is an elected member of Township Couneil in Upper Darby Township with a business address of 100 Gaset Road, Upper Day PA 19082. 22, Individual Defendant are all members of Township Council 23. The Township isan “agency” as that term is defined by the Sunshine Act. 65 PaCs, $703. ‘THE SUNSHINE ACT 24, The Sunshine Act requires thatthe decisions of public agencies be made in public and subject to public comment. 25. “The General Assembly explained in its findings supporting passage ofthe Sunshine Act, te right of the public to be present at all mestings of agencies and to witness the deliberation, policy formulation and decision making of agencies is vital othe enhancement and proper funetioning of the democratic process and secrecy in publi afsirs undermines the ith ofthe public in government and the public's effectiveness i fulfling its ole in a democratic society." 65 PaCS. §702(). 26, Accordingly, the General Assembly as declared tht it isthe "public policy of this Commonwealth to insure the right ofits citizens to have notice of andthe right to sttend all ‘meetings of agencies at which any agency business is discussed or acted upon as proved in this chapter.” 1d. at§ 70200), 27, Whenever an agency takes any “oficial ation” as defined by the Act, it must do so "ata messing ope tothe publi." at§ 704 28. Inaddition, the ageney "shall provide a reasonable opportunity” fr residents “o comment on mates of concer, oficial action or deliberation which are or may be before the board or council prio otking official action.” 1a 7101(a (emphasis aed) 29, The Sunshine Act contains anarow exception tha allows cartain Aiscussions-but not decisonsto occu in private “executive session," 65 PaCS, § 708 30. Inaddition to expressly limiting consideration of matters in executive session to mere "discussions" the Sunshine Act further specifies that any “oficial ston on such discussion ..bal be taken at an open meeting.” Ta 708(0, 31, Moreover, when an executive session is held, the agency must announce the "reason fr holding the executive session” a the next public meeting, Ia §708(. 32. _Inaddition the Townships required to provide the a isting ofeach matter, of agency busines that will be or may be the subject of deliberation or official action at the meeting agency on its publicly accesible Internet website a later than 24 hours in sxivane ofthe time ofthe convening ofthe meeting, post such notice at he locaton of the meeting and a the principal office ofthe agency, and must make availabe to individals in atendance a he meeting copies of the agenda, which include a isting of cach matter of agency business that will be or may be te subjet of deliberation or oficial action atthe meeting. Ia §709(.1). FACTUAL BACKGROUND 33. Atthe regular scheduled Township Council meting on Sune 15,2022 it ‘was announced by Defendant Wentz thatthe Township had fled a declaratory judgment action in the Court of Common Pleas of Delaware County seeking a judgment to declare that Chief Administrative Officer Vincent Rongione had forfeited his office and was no longer employed by the Township. 34, Plaintiff Councilman Hayman had no knowledge ofthe declaratory {judgment action until Defendant Wentz made this announcement 35. No action had ever been taken in public at a Township Council meeting authorizing the filing ofthe declaratory judgment action, 36. Councilman Hayman had not even been provided notice that any discussion of litigation was scheduled. 37. Councilman Hayman was never advised nor consulted on the decision to file the declaratory judgment action. 38 On information and belief, the six Defendants never provided any notice to the other five members ofthe Township Couneil that they were deliberating on and/or instructing the attomey to file a declarative judgment action. 39, No agenda was ever published on the Upper Darby Township website nor in the Township Building which indicated that any vote would ever be taken to authorize 8 declaratory judgment ction. 40, No announcement was ever made at public meeting that an executive session was held regarding the litigation against Mr. Rongione, 41. Plaintiff Councilman Hayman was never advised of any executive session. 42. Areview ofthe docket shows that on or about June 7, 2022, an attorney purporting to represent the Township filed a declaratory judgment action. 43. Inthe same June 15, 2022 menting, Defendants commited a second Violation ofthe Pennsylvania Sunshine Act. 44, Defendant Faraglia made a motion to require that CAO Vincent Rongione Jog of fom te 290m platform and leave the meeting. 45, Defendant Wagner seconded the motion and ll sx Defendants voted in favor ofthe motion toileglly ben Vincent Rongione fom the meting. 46. Rongion is a resident of Upper Darby Township. 47, Rongione was not disruptive and merely observed the puble meting. COUNT T-DECLARATORY JUDGMENT ion ofthe Sunshine Act by Taking OMiial Action in a Closed Executive Session or by telephone poll. ‘Against Al Defendants 48. Paragraphs 1-47 are inconporated herein as if fully se forth 49. Under the Pennsylvania Sunshine Act al oficial action ofthe Township rust be voted on in an advertised meeting that is open tothe public. 50, The Sunshine Act also requires that ny ation which may be voted upon :mustbe published onan agends atleast 24 hours in advance which s both posted on the ‘website ofthe township and posted inthe Township building 51. Plants Councilman Hayman objected tothe continuation ofthis

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