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Three reporters challenged a vote taken by city council Wednesday night as a violation of the state's Open Meetings Law.

Following a closed executive session which City Council President Darryl Segina described as being held to discuss "personnel matters," council voted on what reporters for the Almanac, the Daily News and the Post-Gazette all heard described as "that stuff we talked about in the back room."

The motion carried 5-2, with Segina and Councilor V. Fawn Walker-Montgomery dissenting.

Mayor Michael Cherepko apologized after the meeting, saying that the motion was misunderstood. "It was handled badly," he said. "We're not trying to hide anything."

Pennsylvania's Open Meetings Law, commonly called the "Sunshine Act," allows discussions involving personnel decisions, labor negotiations, real estate transactions and pending litigation to be conducted outside of the public eye.

But the law also requires votes on "the setting of official policy" and "the substance of all official actions" to be reported.

. . .

During the public comment portion of the meeting, the Almanac and Post-Gazette asked Segina to explain the motion.

The reporters were told by city Solicitor J. Jason Elash "the vote didn't mean anything" and that if they wanted a further explanation, they should file a request in writing.

Post-Gazette reporter Annie Siebert argued that the city was committing a "flagrant violation" of the Sunshine Act.

"You may be reporters, but I know the law," Elash replied.

. . .

Following the meeting, Cherepko told the three reporters the motion related to a request he made of council during his "mayor's report."

A review of a recording of Wednesday's proceedings, provided by Jennifer Vertullo of the News, did show that Cherepko had asked council to vote to "authorize the (mayor's) administration" to negotiate a personnel agreement.

The motion on which council voted should have included that language, Cherepko said.

. . .

According to Cherepko, the agreement which is being negotiated by the administration deals with a plan to offer early retirement to senior city department heads. That plan was on council's agenda Wednesday night, and was discussed by the mayor and council at Tuesday's public work session.

Cherepko apologized for the dispute, but noted that he and Elash had been out of the room when the motion was made, and weren't aware of how it had been worded. "I can understand why you got upset," Cherepko said.

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