EASTON, Pa. — Easton City Council may be adding an attendance policy to its code of conduct, a measure that appeared to appeal to all but one member during Wednesday’s meeting.
Just before the adjournment of the meeting, Councilman Frank Pintabone expressed the idea to attendees that an attendance policy for all members of council should be added to the code of conduct, with potential ramifications for missing too many meetings.
Pintabone said he further discussed the idea with city solicitors on Wednesday morning, who in turn spoke to directors about the matter.
And while solicitor Joel Scheer brought up a few potential points of contention — namely that the matter may require an ordinance change that would only become effective following the next election, detailing any other penalties for not performing duties, etc. — it did appear that all council members in attendance backed the basic concept, aside from Taiba Sultana, who called in for Wednesday’s meeting.
Pintabone later said that he intends to have the policy ready for a vote by the next council meeting, scheduled for Jan. 22, though details are as yet unknown.
‘Accountability is important’
Potential penalties could include docking pay or fining an absent member a portion of their yearly pay, though those elements will have to be ironed out with legislators and solicitors before they can be adopted.
“I suggest that adding into the code of conduct is the smartest way to deal with it. You already have remedies built in there. The remedies are consistent. And remember, the ultimate remedy is the electors,” Scheer said to the council.
Mayor Sal Panto Jr. appeared somewhat apprehensive of the measure, though he did say he would support council if they sought to adopt it.
“I will support it, and I'll do whatever city council decides as a majority to do. But I don't like making rules for one person. There's only one person who doesn't show up at a meeting… and that is not the reason to change the origins, but I will, I agree that it should be in the code of conduct,” Panto said.
Several members of council have said that Sultana has missed several council and committee meetings over the past few months, though no one confirmed the attendance policy was directed at her.
Councilwoman Crystal Rose spoke in favor of the idea, stressing that it is important for constituents to know that their representatives are present for council and committee meetings.
“Holding ourselves accountable, not only to ourselves, but to our constituents, who put us in office, it’s very important.”Ken Brown
“Accountability is important, and I especially would like to make sure we're adding an annual update for the residents to know who is showing up and who might not be showing up. I mean, we don't usually have that issue, but especially when it comes time to vote I know not everyone gets a chance to tune into the meetings. And you know, again, accountability is important,” Rose said.
Pintabone stressed that attendance at all meetings was pivotal to proper governance, especially during budget season.
“Executive sessions, I feel, are extremely important, because you're dealing with things that have to do with very serious, important topics — budgets, payroll, things of that nature, so, the attendance will be considered for all of those things,” Pintabone said.
'An undue influence'
Sultana was the only council member to contest the idea openly, saying “City council members are elected representatives who operate independently within their role.”
Vice Mayor Ken Brown contested Sultana’s view.
“Holding ourselves accountable, not only to ourselves, but to our constituents, who put us in office, it’s very important,” he said.
“Regardless if we're here or if we we're not at the meeting, we're still being paid by the public, and we owe the public the right to know that we're in attendance and that we're doing a job that they put into place for,” Brown said later in the meeting.
“If you're not coming and you miss several meetings, or you miss them, whatever the case may be, you're still going to get that paycheck.”
Rose earlier on said a councilperson's “bare minimum duties” consisted of reading the agenda and attached documentation, asking pertinent questions, and ultimately showing up to vote.
“Your duty is to show up here,” she said.
“I don't want to keep arguing, but I think that if you're not going to show up and do your job, then you should step aside — it's just my opinion — and let someone else do it, who's going to show up and participate actively. That's what the neighborhoods and the residents deserve,” Rose said just before the close of the meeting.
In a statement issued after the council committee meeting held Tuesday, Sultana cited the rule for quorum, pointing out that only four members are needed to conduct business, adding a single member’s absence would not interfere with business.
“The city councils operate under a system of checks and balances. Mandating that council members report attendance could blur the lines between the legislative and executive branches of local government. It may create an undue influence of the mayor or council president over council members, undermining their legislative independence,” Sultana wrote in her statement.
Sultana went on to raise concerns over the mayor potentially weaponizing the attendance policy as a punitive measure, saying “there may be due process implications."
She added council members have the right to fair treatment under the law “and imposing attendance requirements without clear guidelines on consequences could violate these rights.”
Sultana also said such a policy could lead to legal challenges regarding rights to privacy.
She also indicated that attendance records are documented in meeting minutes, and while she claims to have attempted to obtain such records in the past, she has “been unsuccessful due to time constraints.”
“In response to Councilman Pintabone, it’s very important for the council members to learn about the authority of elected officials,” Sultana’s statement reads.
“The council members are not paid per meeting; they are elected officials, and their compensation is set by the ordinance. His idea of issuing paychecks based on attendance is naive. If the council wants to reduce their salary through an ordinance, I have no problem with that. However, paying per meeting would violate the existing ordinance.”
