It was a bumpy beginning for Concord Township’s new Government Study Commission. There was flak regarding a court brief filed in the commission’s name before the commission was actually empaneled and uncertainty on how to handle public comment periods.

The entire atmosphere surrounding the commission and its reason for being has been controversial.

The seven-member commission — which is scheduled to sit for 18 months — came about as a result of a referendum question on the November ballot. Supervisors passed an ordinance in late July for the question that asked residents whether a government study commission should be formed to explore the possibility of changing Concord’s government structure.

Those possible changes include becoming a township of the first class, staying a township of the second class — but with modifications — possibly adopting some form of home rule charter, or making no change at all. At the end of the 18 months, the commission is required to file an official report with its recommendations.

As previously reported, Supervisors’ Chairman Dominic Pileggi said at the time that supervisors wanted their question to go before the voters to head off a petition drive by citizen’s group Concord First. That petition asked residents if they want the township to go from a township of the second class to township of the first class.

The ordinance for the supervisors’ question was passed a day after Concord First filed its petition.

Supervisors and the Delaware County Board of Elections challenged the Concord First petition in court. That challenge resulted in the Court of Common Pleas’ rejecting the petition even though Concord First had more than the requisite number of signatures to get its question on the ballot. Commonwealth Court later upheld the lower court decision. The matter is now before the state Supreme Court.

As part of the Supreme Court appeal process, attorney Michael Sheridan filed — in the commission’s name — a petition to intervene, telling the high court about the existence of the commission. However, that brief was filed on Nov. 17, a week before the election of commission members was certified by the election board and eight days before the commission members were sworn in.

Members of Concord First challenged the propriety of that filing. Even some members of the commission were uncomfortable with having the brief filed in their name before the panel ever existed.

They’re also uncomfortable with the fact that they did not retain Sheridan — or anyone else, for that matter — as commission solicitor.

(Chadds Ford Live phoned Sheridan’s office the day after the meeting for clarification of events, but the call went to voice and was not returned before this story was published.)

During a lengthy discussion, township solicitor Hugh Donaghue said the brief had to be filed by Nov. 17 because that was the state Supreme Court’s deadline. He said it was proper to let the court know about the referendum and that the commission would exist.

While commission member Matt Houtmann moved to have fellow members accept the brief, member Joshua Twersky moved to table the motion until the commission had its own solicitor to advise the group.

Twersky said it was akin to “malpractice” to accept the brief without first retaining and consulting its own solicitor.

Member Robert Tribit first said he was “offended” that the filing was done in the commission’s name, but then said the characterization might be too strong. However, he still called it an “overreach” because the commission did not yet exist.

However, after more discussion — including members’ being asked if they knew about the filing beforehand — and a check with Roberts Rules of Order on which motion to vote on first, the commission eventually tabled the motion to accept the brief until it has its own attorney.

The commission also tabled consideration of retaining a solicitor until the Jan. 8 meeting.

In the opening minutes of the meeting, Chairman James Gray said the first public comment period of the meeting was open only to questions regarding items on the agenda, but that the board did not have to answer the questions.

Several residents expressed frustration over the limitation. Rufus Miley said people wouldn’t know what questions to ask since the public comment period came before the commission got to the individual agenda items.

Gray later said the commission would reconsider how to handle public comment.

Other business

• Supervisors Pileggi, John Gillespie, and Libby Salvucci sat in on the meeting to answer questions from the commissioners and to offer views on what they would like the commission to consider during its 18-month proceedings.

Pileggi took the lead, saying he would like a better way of enforcing township ordinances. At present, any violation requires the code enforcement officer to take the offender to district court. That, he said, is too long a process. He wants something more immediate, but doesn’t necessarily want a township police department.  He said the state police do not enforce township ordinances.

He would also like the commission to consider adding two more members to the Board of Supervisors, with several representing specific geographical areas of the township and others still serving in an at-large capacity.

Gillespie — citing decades of working as civil a engineer for different townships — disagreed, saying the more supervisors there are, the more difficulty there is to get things done. He wants the number of supervisors to remain at five.

• Twersky, the commission treasurer, presented the group’s budget for 2015. Spending is expected to be $19,700 with the bulk of the money, $13,500, going toward legal expenses.

The remainder of the money will be spent on clerical services ($3,200), printing ($1,750), consultants ($1,000) and for travel, training and operations ($250).

• The next meeting is scheduled for 7 p.m. on Jan. 8. Addressing the group that night will be Elam Herr, the deputy director of the Pennsylvania State Association of Township Supervisors. He will talk about the differences between townships of the first class and those of the second class.