Attorney Alan Kennedy-Shaffer filed an Emergency Motion for Clarification in Dauphin county court of common pleas Friday morning.

The motion asks the court to comply with Orders recorded February 4, 2015 and February 26, 2015 by administering the 2015 municipal elections in Swatara Township under the existing nine ward system.

The following is a timeline of events of how five Swatara township commissioners changed the nine ward system to an at-large five member board of commissioners and the court actions filed by four commissioners to retain the nine ward system. _____________________

December 10, 2014.

Swatara township commissioners discuss a proposed Township Reapportionment plan developed by a five member Reapportionment Committee.

Committee members.

Chairman - David Milletics.

Michael Musser.

Anthony Spagnolo.

Sam Marisco.

Terry May.

The board approved a motion to hold at lease three public meetings related to the reapportionment plan.

Steve Chiavetta.

A series of public meetings.

Edward Troxell.

I would like to offer a motion.

Andrew Moyer.

We stalled our feet on this.

By a 5-4 vote commissioners approved a motion sponsored by Edward Troxell

Retain the current ward system consisting of nine wards until a series of three or more public meetings are held.

Reapportionment committee member Anthony Spagnolo.

You don't have to advertise.

Township tax collector Joseph Donato chimes in.

Were going down the wrong road.

Tom Connolly.

This is a public mic, so people are getting the opportunity to speak publicly, and they're critical of giving other people the same opportunity.

Andrew Moyer.

First public meeting, December 16th at 7pm.

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Swatara Township published a legal notice on Pennlive Thursday January 22, 2015.

NOTICE IS HEREBY GIVEN pursuant to the provisions of Section 1502.I of the First Class Township Code (53 P.S. 56502-I) that the Board of Commissioners of Swatara Township will, at its Regular Meeting of Wednesday, February 4, 2015, at 7:00 p.m. consider the adoption of an ordinance, and, if appropriate, enact an ordinance, the title, content and summary of which follows:

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF SWATARA, PENNSYLVANIA, BY REPLACING IN ITS ENTIRETY CHAPTER 65 THEREOF, ENTITLED "REAPPORTIONMENT", AND PROVIDING FOR THE REAPPOINTMENT OF THE TOWNSHIP INTO A SINGLE WARD, PROVIDING A DESCRIPTION OF THE BOUNDARIES OF THE NEWLY CREATED WARD WHICH BOUNDARIES ARE CONSISTENT WITH THE PERIMETER BOUNDARIES OF SWATARA TOWNSHIP, PROVIDING FOR A SCHEDULE OF ELECTIONS FOR THE COMMISSIONERS AT LARGE NECESSITATED BY THE CREATION OF THE SINGLE WARD, PROVIDING FOR THE RETENTION OF EXISTING OFFICES OF COMMISSIONERS OF THE TOWNSHIP PRESENTLY SERVING IN OFFICE, AND PROVIDING FOR EFFECTIVE DATE IMPLEMENTATION. SECTION 65-1. PURPOSE AND FINDINGS

This is a reapportionment ordinance for the redistricting and realignment of the existing nine wards into one new ward, which is therefore composed of compact and contiguous territory containing all the population of the Township of Swatara enacted pursuant to the mandates of Article IX, §11, of the Constitution of the Commonwealth of Pennsylvania, and the "Municipal Reapportionment Act," Act of December 19, 1996, P.L. 1158, No. 177 (53 Pa. C.S.A. 901, et. seq.).

A. The Board of Commissioners finds that the existing nine wards of the Township as currently aligned contain a disparity in population sufficient to warrant realignment. More specifically, Ward 1 contains 2,146 persons or 9.19% of the total population, a deviation of -17.40% from the norm of 2,596, which is the number of persons an even division of population would require in a 9-ward system; Ward 2 contains 3,442 persons or 14.73% of the total population, representing a +32.50% deviation from the norm; Ward 3 contains 2,546 persons or 10.90% of the total population, representing a -.02% deviation from the norm; Ward 4 contains 1,824 persons or 7.81% of the total population, representing a -29.70% deviation from the norm; Ward 5 contains 3,241 persons or 13.87% of the total population, representing a +24.80% deviation from the norm; Ward 6 contains 3,154 persons or 13.50% of the total population, representing a +21.50% deviation from the norm; Ward 7 contains 2,907 persons or 12.44% of the total population, representing a +12.00% deviation from the norm; Ward 8 contains 2,713 persons or 11.61% of the total population, representing a +4.50% deviation from the norm; and Ward 9 contains 1,389 persons or 5.95% of the total population, representing a -46.50% deviation from the norm.

B. The Board of Commissioners finds that the provisions of the Municipal Reapportionment Act require the governing body of any Township to reapportion its territory whenever such reapportionment is deemed necessary and that because of the disproportionate population of the current wards, it is now deemed necessary by the Board to reapportion the Township.

C. The Board of Commissioners, after examining four optional reapportionment plans, including an at-large system of one ward, and considering the Township's historical development, population concentration, natural boundary lines, and contiguity of wards, finds that a one-ward reapportionment plan with boundaries contemporaneous with the boundaries of the Township as hereinafter defined and specified with five representatives elected at-large will most sufficiently and appropriately meet the requirements of the Pennsylvania Constitution and Municipal Reapportionment Act and the proper functions of government in Swatara Township.

SECTION 65-2. ADOPTION OF

1-WARD PLAN

The Township of Swatara is hereby consolidated into one ward for all purposes required under the Constitution and Laws of the Commonwealth of Pennsylvania, including municipal elections as hereinafter more specifically provided. The number of Commissioners in the single ward created hereby shall be, pursuant to the Pennsylvania First Class Township Code, 53 P.S. § 55505 five (5), who shall be elected at-large by the voters of the Township. At the next municipal election after the effective date of this Ordinance, three (3) Township Commissioners shall be elected for terms of four (4) years each, from the first Monday of January next succeeding, to take the place of the Commissioners whose terms then expire. At the subsequent municipal election, two (2) Commissioners shall be elected for terms of four (4) years each from the first Monday of January next succeeding, to take the Commissioners whose terms then expire.

SECTION 65-3. BOUNDARY DESCRIPTIONS

A. A single ward created pursuant to this Chapter shall consist of the boundaries of the entire Township, the description of said Township boundary and therefore its single ward is as follows:

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Swatata township commissioners Thomas Connolly, Steven Chiavetta, Edward Troxell, and Richard Bouder filed a Petition For Injunctive Relief related to the Municipal Reapportionment Act today in the Dauphin county court of common pleas.

The filing claims the township has been in violation of Article IX, section 11 of the Constitution of the Commonwealth of Pennsylvania and 53 Pa C.S.A section 903.

The petition ask the court for immediate reapportionment of the township.

______________________

January 27, 2015.

Swatara township commissioners held the third and final special meeting Tuesday evening to allow public comment on a proposal to change the current nine ward voting system to an at-large one ward district, if adopted the makeup of the board of commissioners would change from nine members to five.

Commissioner Ed Troxell offered a motion to draft an ordinance to reapportion within the nine wards to equalize the population of the township in accordance with the constitution of the Commonwealth.

The motion fails by a five to four vote.

Chairman Moyer opens the meeting to comments from the audience.

Videos of people in favor of an at-large voting district.

Former Swatara township commissioner. Kevin Sidella.

Chris Fries.

Chris Fries.

Central Dauphin school board member. Brian Faleshock.

In favor of smaller government.

Audience members supporting the current 9 ward system.

Mike Farling.

Mary Klaus.

Brian Beistline.

Elizabeth Jones.

Phillis Bennett.

Attorney Alan Kennedy-Schaffer. Working Pro bono.

__________________________

February 4, 2015.

Alan Kennedy-Shaffer, attorney for Swatara township commissioners Connolly, Chiavetta, Troxell, and Bouder explains a ruling by handed down Wednesday afternoon by Dauphin County Judge Scott Evans.

Judge Evans main ruling was to appoint three impartial commissioners to reapportion Swatara township.

_____________________________

February 5, 2014.

Swatara township commissioners voted 5-4 to approve ordinance #2-2015, the bill calls for an at-large system reducing the current size of the board from nine members to five members.

Alan Kennedy-Shaffer, attorney for commissioners Connolly, Troxel, Chiavetta, and Bouder cautions the board before the vote.

Questionable legality.

Commissioner Edward Troxell.

A motion to table the vote for an at-large system.

Commissioner Jeff Varner.

A motion adopting ordinance 2-2015.

Additional discussion and a 5-4 vote on the bill.

This ordinance here is not a reapportionment, it is an abolition of wards.

Solicitor David Wion.

My recommendation that the board considers authorizing me to file an appropriate action to have the court recognize the reapportionment of the township, and to dissolve the reapportionment commission appointed by the court order of February 4, 2015.

Edward Troxell, this is a lawless assembly.

Updated to add pdf of Emergency Motion.

As released by the Pennsylvania Liquor Control Board.

Harrisburg – The Office of Chief Counsel of the Pennsylvania Liquor Control Board today released a legal advisory opinion in response to inquiries from several licensees pertaining to malt or brewed beverage containers sold by a beer distributor.

In July 2014, an attorney for a Monroeville brewery, FYBOMAX INC. (LID 57763), asked the PLCB if the brewery could, under the Pennsylvania Liquor Code and PLCB regulations, “prepare a single large container of malt or brewed beverages consisting of twelve (12) smaller containers, each holding approximately twelve (12) fluid ounces, designed to be sold as a single unit.”

The Board recently received a similar request for an advisory opinion from two beer distributors, Save-Mor Beer & Pop Warehouse Inc. (LID 29477) and Nancy Pistella (LID 4707). According to the Liquor Code, the Board or its Chief Counsel must issue advisory opinions upon request.

Under the Liquor Code, breweries, malt or brewed beverage distributors and importing distributors can sell malt or brewed beverages to the public in two configurations: “case” quantities or “original containers containing at least 128 fluid ounces.”

Because the inquiring brewery’s proposed “single large container” would consist of 144 ounces of malt or brewed beverages, it exceeds the volume (128-ounce) requirement for an “original container,” so it would be permissible to market and resell it to other distributors and importing distributors as a single “original container” as prepared by the manufacturer.

Those single large containers cannot be separated or modified by anyone except the ultimate consumer. Practically, this advisory opinion clarifies existing law by informing brewers that they may sell “original containers” as long as the container contains at least 128 fluid ounces, for example a 12-pack, to distributors that may be resold “as is” to consumers. No modifications to existing inventory held by distributors and importing distributors is allowed.

file photo LCB members 2014

Dauphin county residents are filing nominating petitions for the May 19th primary.

A look at who has filed.