Council asks solicitor to research whether virtual attendance complies with West Chester—s Home Rule Charter

Bernie Flynn, a sitting member of the borough council, raised a formal concern during public comment on Nov. 11 about whether remote or telephonic participation by council members aligns with the borough—s Home Rule Charter and the calculation of the charter—s "three consecutive missed meetings" provision.

Flynn read sections of the charter and said the document, written decades ago, does not explicitly address modern remote-attendance technology and that practice in recent years has sometimes allowed members to "call in." He said the ambiguity leaves elected officials uncertain whether calling in counts as attendance for the purpose of charter limits or disqualification.

A solicitor/advisor present said the Pennsylvania Sunshine Act permits telephonic participation so long as a quorum of the governing body is physically present and the telephonic participant can be heard; the solicitor referenced relevant case law and the Office of Open Records guidance. Nevertheless, Flynn and other council members said the charter language and administrative practice need formal clarification. The committee requested a motion directing the solicitor to investigate the issue and return findings at a work session.

The chair asked staff to place the item on a work session agenda; no formal charter amendment was adopted at the Nov. 11 meeting.