Mt. Pleasant councilwoman rebuffs calls for resignation

Patience Barnes believes preparations for Mt. Pleasant’s Glass and Ethnic Festival shouldn’t include municipal workers and their taxpayer funded time year round, and the borough councilwoman isn’t backing down — even as other council members moved to have her booted from her elected position.

The 76-year-old plans to “continue to fight to uphold a standard,” she said. “I haven’t done anything wrong, except stand up for the people. That’s what (council members) are supposed to do.”

Barnes is concerned that borough employees seemingly work for the annual festival while on the clock for the local government. The Mt. Pleasant Glass and Ethnic Festival Foundation, which is directed by borough manager Jeff Landy, is a nonprofit entity, independent from the municipality.

Other council members have granted Landy the ability to authorize public employees to do work for “any events held within the borough.”

In the wake of the disagreement, council recently censured Barnes, asked her to resign, issued a vote of no confidence and sent a letter to Gov. Tom Wolf requesting that she be removed from the governing body.

Concerns first raised

The Glass and Ethnic Festival has taken place each September for 35 years. Community members gather for three days to celebrate the area’s glassmaking history, enjoy food, music, activities and architectural décor.

The festival, regarded as possibly the most prominent one in the borough, is no small feat. Because of this, council routinely grants permission for borough employees to help plan the event as it approaches.

However, Barnes alleges some employees work on festival-related tasks during borough hours throughout the entire year.

Barnes, a Democrat who has served on council for six years, said she took issue with this for two reasons.

First, she said borough employees worked for an event technically independent from the borough while being paid with taxpayer dollars. Second, she raised concerns that the borough is not “protecting” employees completing this work.

Mary Fox, executive director of the state Ethics Commission, said she could not speak specifically on this incident but did explain the state Ethics Act. It states that public officials and public employees cannot use the “authority of their office for the private security benefit of themselves, member of their immediate family or business with which they are associated,” she said.

Case law indicates that nonprofits fall under the “business” umbrella, Fox said.

Landy granted authorization

Barnes said she told the council’s Human Resources Committee months ago that she wanted to “go on record” that she did not agree with borough employees working on festival tasks while on the clock.

Weeks went by without the comment being publicly recorded, according to Barnes.

Barnes readdressed the issue in January, which prompted council to make a motion to authorize Landy to allow employees to do work for any events, including ones organized by nonprofit organizations, held in the borough “while not affecting the priority of borough operations.”

The motion passed 8-1 on Feb. 7. Barnes voted no.

Landy said the borough supports many activities held in the community. He said the borough wants to “help everyone” and described the support as a “win-win” situation that benefits both Mt. Pleasant and its residents.

He would not comment specifically on the motion or council actions.

Could Barnes be removed?

After the motion was approved, the situation was far from over.

During its March 21 meeting, council voted to call for Barnes’ resignation, issued a vote of no confidence, censured her and sent the letter to the governor asking him to remove her from office.

Councilman Michael Barrick abstained from the vote to call for Barnes’ resignation, and Councilwoman Linda Czekanski abstained from the votes to call for Barnes’ resignation and to send the letter to Wolf. Councilman Richard Cholock was absent.

All other council members voted in favor of the motions against Barnes.

Council President Susan Ruszkowski and Solicitor Deanna Istik declined to comment on the matter.

Under Pennsylvania Borough Code, an elected borough official can be removed the following ways:

• By impeachment
• Through conviction of an infamous crime or misbehavior in office
• By the governor for reasonable cause on the advice of two-thirds of the Senate

Typically, however, elected officials are removed from their positions the same way they enter their positions: through the voters.

“The voters put (the council members) there,” said Melissa Melewsky, media law counsel for the PA NewsMedia Association. “They are answerable to the voters. … They are not answerable to each other.”

Melewsky said she could not speak specifically to this incident.

In response to these votes, Barnes said she believes they demonstrate “what happens when you speak truth to power.” She said some community members have voiced support for her position.

“When I took office, I swore to uphold the Constitution of the United States, the rule of law and to rightly represent the citizens of Mt. Pleasant Borough,” Barnes wrote in a letter to the editor. “I also pledged to rightly represent my God. My conscience is clear because I have done just that. May God be the righteous judge.”