New evidence has surfaced that the decision to name Mark Atkinson as the next Mayor of Pottsville was made weeks ahead of an advertised special meeting of City Council on Wednesday.
Third-class City Code in Pennsylvania requires that the remaining members of a City Council must vote in public to select a replacement for a resigned Mayor within 30 days of that resignation.
However, the City of Pottsville issued a press release on Tuesday announcing that current City Councilman Mark Atkinson was to be sworn in as Mayor at 4:30 p.m. on Wednesday.
The release implies that council members had already decided – or voted among themselves outside the public’s eye – to appoint Atkinson to the position.
A lawsuit seeking an emergency injuction to halt the swearing-in ceremony was filed on Wednesday afternoon by Bobby Weaver Jr., who previously ran for Council in 2023 and has been in a protracted legal battle with the City over a previously-condemned downtown property he owns, at Schuylkill County Courthouse.
His lawsuit alleged that the City violated Pennsylvania’s Sunshine Act that mandates no votes of councils of any kind – be they City, borough, or township – outside of a public meeting.
Schuylkill County Judge Christina Hale granted the motion for an injunction and ruled that if Pottsville went forward with the swearing-in ceremony as planned on Wednesday afternoon, it would be invalid.
The special meeting at which the ceremony was to be held was canceled and the parties will meet next for a hearing at the Courthouse on Nov. 6 to determine the next steps in this process.
READ MORE:
- Court Order Halts Pottsville Mayor Swearing-in Ceremony
- Seemingly Obvious Sunshine Act Violation in Naming Pottsville’s New Mayor
- Atkinson to Become Pottsville’s Next Mayor
Now, The Canary has learned that it wasn’t just that press release indicating that a vote had been taken prior to that special meeting earlier this week.
During the final episode of The Mayor’s Report of The Sam Lesante Show featuring former Mayor Dave Clews, host Lesante spills the beans and indicates that the vote had already taken place, at least a day after Clews’ resignation.
This show airs locally on Xfinity cable and is also available to view on YouTube.
On that final episode featuring Clews, Lesante drops three references to Atkinson being the next Mayor of Pottsville.
At about the 9-minute mark, he tells Clews, “Looking at the city and this is your last show, your farewell show … and I’m certainly going to miss you. It was nice meeting Mark Atkinson, the new Mayor, sitting in. And yes, my friends, we will continue with the Mayor’s Report, starting in January.”
Later in the show, he says, “Mark Atkinson, who’s taking over, is certainly well-qualified, he’s been here for nine years. And we wish him the best, OK? I’m sure he’ll do fine.”
And finally, toward the end of the show, Lesante once again makes that reference when he says, “I’m looking forward to meeting with Mark and having the Mayor’s Report. My friends, we’re going to be starting back in January, with the Mayor’s Report, with the new Mayor, Mark Atkinson. And I’m sure he’s going to do great.”
All indications on that episode point to it being recorded the day after Clews resigned. It was first aired on Oct. 16, a week prior to the special council meeting being advertised and two weeks prior to when the swearing-in ceremony was scheduled.
This story was the result of a news tip submitted by a Canary reader. If you have a news tip you think is worthy of investigation, email us at newscanary@gmail.com, or follow the link below to our News Tip Form, where you can also submit text and photos, easy peasy.
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Lori
November 4, 2024 at 12:44 pm
What time is the meeting for voting and how does one become a candidate if no announcement is made one is being sought. A democratic mayor has no checks and balances in a democratic heavy council. Vote should not be allowed but delayed for 30 days to give other candidates an option