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Forest Hills council asks solicitor to refine borough-room use policy amid legal concerns

Forest Hills Borough Council · September 4, 2024
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Summary

Council reviewed a solicitor-drawn 'baseline' policy limiting use of borough meeting spaces (council chamber annex, Westinghouse Lodge, pool Lodge), debated caps on political group access and exclusions for fundraisers, and agreed to ask the solicitor to produce cleaner wording for possible provisional approval before the November election.

Forest Hills Borough Council on Sept. 3 reviewed a solicitor-drafted baseline policy to govern use of public meeting spaces and asked the solicitor to clean up the text for further consideration.

The draft limits use of the Westinghouse and pool lodges and the council-chamber annex, proposes scheduling rules and a 12-times-per-calendar-year cap for organizations described in the draft as having members elected periodically in municipal elections, and excludes fundraisers and partisan "meet-and-greets," the presenter said. The council’s intent, according to the presenter, was to reduce the borough’s exposure to potential equal-protection claims while preserving some fee-free access for community groups.

Council members debated how broadly to allow community use. "I feel like we are still being unnecessarily restrictive on the room over there," said Mr Bacon (Council member), urging broader public access and clearer legal definitions for terms such as "fundraiser" and "meet-and-greet." Mr Ringer and others noted the room was designed as a community annex and recalled local party committees meeting there historically without litigation.

At the same time, other councilors worried about litigation risk. One member said the community is "more divided than ever" and urged caution to avoid exposing the borough to "tens of thousands of dollars in legal fees" if policy language is unclear.

Council asked the solicitor to incorporate the suggestions as a baseline policy that can be folded into a comprehensive policy for all borough public spaces. Members discussed asking the solicitor to produce cleaned-up language in time for a Committee of the Whole session next week so the council could consider provisional approval ahead of November’s municipal elections.

No formal vote was taken; members agreed only to seek revised language from the solicitor and to pursue three-quote/cost options and clearer definitions before returning to the council for a formal decision.