Baravordeh v. Borough Council of Prospect Park

FRIEDMAN, Judge,

concurring.

I concur with the result reached.by the majority; however, I write separately because I wish to note my disagreement with the assertion made by the Borough Council of Prospect Park (Council) that its action merely prevented Baravordeh from speaking on a matter that was fourteen years old and, thus, was not “current business.”

In his Petition for Review (Petition), Bara-vordeh maintains that, at the August 8, 1995 meeting, Police Chief Ronald Mills made intentionally misleading comments to Council about an incident that occurred fourteen years earlier. At the September 12, 1995 meeting, Baravordeh attempted to speak about the alleged misrepresentations that Chief Mills made at the prior month’s meeting. Thus, the subject matter of Baravor-deh’s comments was not fourteen years old; Chief Mills’ conduct had occurred only one month previously. Indeed, I fail to see how Baravordeh’s comments were not “current business” when Council permitted Chief Mills to address the fourteen-year-old matter in August and also allowed Chief Mills to rebut Baravordeh’s- attempt to speak about it at the September meeting.

However, I agree with the majority that Baravordeh disregarded Pa.R.C.P. No. 1019(a) when he framed his Petition by failing to state with specificity the material facts upon which he based his causé of action. As the majority stated, “Baravordeh knew what the Police Chief said, why he thought it was misleading and what statements or other materials he wished to present at the second Council meeting; nevertheless, he chose not to plead these crucial allegations.” (Majority op. at 366.) Because Baravordeh failed to plead facts sufficient to set forth a cause of action under section 10.1 of the Sunshine Act,1 I agree that the Council’s preliminary objections to Baravordeh’s Petition were properly sustained, and I would affirm on this basis.

. Act of July 3, 1986, P.L. 388, added by the Act of June 15, 1993, P.L. 95, 65 P.S. § 280.1.