P.O. Box 1041

                                                                                Pittsburgh, Pennsylvania 15230-1041 U.S.A.

                                                                                Telephone: 412-561-7876

                                                                                Electronic Mail: < gawalsh@andrewcarnegie.cc >

                                                                                Internet Web Site: < http://www.andrewcarnegie.cc >

                                                                                2003 November 19

 

Mr. Ellsworth Brown, President

Carnegie Library of Pittsburgh

4400 Forbes Avenue

Pittsburgh, Pennsylvania 15213-4080

 

Re: Requests under terms of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended] and under the terms of the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended].

 

Dear Ellsworth:

 

With this letter, I would like to make three requests. The first is a general request. The second and third requests are made under the terms of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended] and under the terms of the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended], respectively.

 

The Pennsylvania Code provides that public libraries may receive public funding from the Commonwealth of Pennsylvania so long as the home municipality has declared the library in question to be their legal “agency” for providing library service to the general public.

 

Title 22 of the Pennsylvania Code, Section 141.21, Subsection (2), Part (i), Subpart (C) states:

 

“(C) The library shall be an integral part of general local government.”

 

In the case of The Carnegie Library of Pittsburgh, this requirement was satisfied on 1890 February 25 with the enactment into law, by the City of Pittsburgh, of Ordinance Number 240. Ordinance Number 240 of 1889-1890 accepted Andrew Carnegie’s generous offer to build libraries for Pittsburgh and officially designated these libraries as the “Carnegie Free Libraries of the City of Pittsburgh.” Ordinance Number 240 was passed by the Select and Common Councils of the City of Pittsburgh on 1890 February 24, signed into law by Pittsburgh Mayor William McCallin on 1890 February 25, and then entered into Ordinance Book 7 page 265.

 

Such designated “agencies” of municipal government are required to abide by all aspects of the Pennsylvania Right-to-Know Law [Act of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended] and the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended], as are all other parts of municipal government.

 

This interpretation of State law is affirmed by the Pennsylvania Department of Education, Office of Commonwealth Libraries, in their book A Handbook For Public Library Trustees, Fourth Edition, March 1993 (Reprinted September 1998), Page 38:

 

The Sunshine Law

 

                The Pennsylvania law on open meetings (the so-called “Sunshine Law”), Act 84 of 1986, requires public libraries which have been designated by municipalities as their agencies to make meetings of the boards of directors open to the public. Meeting notices must be advertised in the newspaper at least three days prior to the meeting and also posted at the principal office of the agency or wherever the meeting will take place.”

 

 

 

 

Mr. Ellsworth Brown                           2003 November 19                                Page 2 of 2

 

 

Respectfully, the following are my requests:

 

1)                   In both the neighborhood meeting of September 9, and the Pittsburgh City Council public hearing of November 5, the majority of attendees opposed the abandonment, by The Carnegie Library of Pittsburgh, of the historic Hazelwood Library building and the movement of the library branch to another building three blocks away. Due to the importance of a decision to abandon an original, Andrew Carnegie-built library building, and move a library to a different location, I would like to arrange a meeting between you and several residents of the Hazelwood neighborhood, to discuss the proposal of abandoning the historic Hazelwood Branch Library building and moving the library to a new location.

 

2)            The second request is made under the terms of the Pennsylvania Right-to-Know Law [Act      

               of June 21, 1957, P.L. 390, No. 212, 60 P.S. 66.1 et seq., as amended]. According to an      

        article in the Pittsburgh Tribune-Review on September 22, Carnegie Library Director Herb

        Elish indicated that the decision, regarding the proposed library move, would be made by the

        Carnegie Library Board of Trustees. If the Board of Trustees has officially rendered a

        decision on this matter, and the lease for the proposed new library site has been executed (as

        reported in the November 5 issue of the Pittsburgh Post-Gazette), then please send me a copy

        of the minutes of the Board meeting where the decision was rendered and a copy of the

        executed lease agreement.

 

Please note that the Pennsylvania Right-to-Know Law was amended in 2002 June by the Commonwealth of Pennsylvania; this amendment took effect, legally, on 2002 December 26. This amendment provides for the expeditious response, by government agencies, to requests from the public for information. In the case of non-Commonwealth of Pennsylvania agencies, including “agencies” of municipalities, the response to Pennsylvania Right-to-Know Law requests “shall not exceed five business days from the date the written request is RECEIVED.” I will look forward to The Carnegie Library of Pittsburgh complying with the amended State law.

 

3)       The third request is made under the terms of the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended]. Several residents of Hazelwood, and I, would like to address the Board of Trustees regarding the proposed move of the Hazelwood Branch Library out of the historic, Andrew Carnegie-built building, to a new site three blocks away. So, I hereby request that, from now on, all meetings of the Board of Trustees of The Carnegie Library of Pittsburgh comply with all parts of the Pennsylvania Sunshine Act [Act of July 3, 1986, P.L. 388, No. 84, 65 P.S. 271 et seq., as amended].

 

I will look forward to your prompt reply.

 

Sincerely yours,

 

 

 

Glenn A. Walsh

 

gaw

 

Copy:             Members, Council of the City of Pittsburgh

                                Tom Murphy, Mayor, City of Pittsburgh

                                Tom Flaherty, City Controller, City of Pittsburgh

                                Members, Board of Directors, Allegheny Regional Asset District

                                David Donahoe, Executive Director, Allegheny Regional Asset District

                                Senator Jim Ferlo, Pennsylvania General Assembly

                                News Media in Pittsburgh and Vicinity

                                Supporters of the Historic Hazelwood Branch Library