SUNBURY - A lawsuit filed by a Coal Township man against two Northumberland County commissioners and the county for limiting public comment at meetings to two minutes has been moved from the Court of Common Pleas to federal court.
On Tuesday afternoon, attorneys representing William R. Knapick Sr., of 1435 W. Pine St., filed a petition for removal of the civil action from Northumberland County Court to the U.S. District Court for the Middle District of Pennsylvania.
A hearing on motions filed by Knapick for preliminary injunction and protective order was scheduled for Thursday afternoon before county Judge Charles H. Saylor, but that legal proceeding has been canceled since the civil action has been moved to federal court.
The suit was filed by Knapick's attorneys, Kymberley Best and Timothy Bowers, in January after Knapick claimed he was not given ample time by Commissioner Chairman Vinny Clausi to express his opinions.
Best and Bowers formerly served as legal counsel for the county.
Clausi was initially listed as the lone defendant in the complaint. But the suit has been amended to also include Commissioner Stephen Bridy and Northumberland County as defendants.
In his complaint, Knapick said the commissioners are required to provide a reasonable opportunity for public comment in accordance with the Sunshine Act. At the Jan. 22 commissioners' meeting, Clausi imposed a two-minute limit on public comment without taking a vote or receiving approval from the majority of commissioners, the lawsuit states.
Knapick claims Clausi only gave him 90 seconds instead of two minutes to make comments and also cut off his friend, David F. Kaleta, of Shamokin, at 65 seconds when he was posing questions to Clausi.
The suit also claims Clausi violated the Sunshine Act by retaliating against a member of the public for objecting to Clausi's alleged violation of the act.
The suit states, "Clausi's acts arbitrarily restrict public comment and are calculated to deter public participation at meetings through threats and coercion."
In addition to seeking costs and attorney fees from Clausi, Bridy and the county, Knapick wants to make the two-minute public comment rule unenforceable. He also wants all action taken at the Jan. 22 meeting to become void.
Knapick had again asked the commissioners for an update on his complaint made in October regarding the cutting of what he claims was hundreds of trees Dec. 10 and Dec. 11, 2011, to create new trails for the Anthracite Outdoor Adventure Area (AOAA).
Clausi previously said he thinks two minutes is enough time, because if people need more information, it can be provided after the meeting. But he said he would consider lengthening it.
During a Feb. 12 meeting, however, nine rules for the conduct and order of business, including the two-minute limit, were approved by Clausi and Bridy. Commissioner Richard Shoch opposed the motion to adopt the rules.
At that meeting, Clausi instructed county solicitor Frank Garrigan to recite President Abraham Lincoln's Gettysburg Address to illustrate his claim that a lot can be said in two minutes.