Battle With Boil Kitty Farts Council, Is It Over?

I think it might actually be behind us… at least I hope so.

I wasn’t going to post an update about this because hopefully it is over, but many of you have reached out asking for an update. We’ve also had a lot of people in our community reaching out and rather than tell the story a hundred times, here is the update. Things are quiet now since I submitted a formal complaint. However, after I posted the full story about what happened online, things got a little crazy. Again, buckle up, it gets weird.

Shortly after the last blog went live, I began hearing from sources that the three that “shall not be named” on said board were absolutely outraged. Surprisingly, this outrage wasn’t because they had acted unprofessionally, but that we had recorded the public meeting we went to. Word on the street was that they were even trying to convince other board members that recording a public meeting was “illegal.”

Now, I wasn’t at this particular meeting because at this point, I’m not interested. However, some of what was told to me suggest that they were talking about the idea of taking some kind of action. I don’t know what action they would take, but I’m not concerned.

Quick Fact Check: Under the Pennsylvania Sunshine Act, I have an absolute right to record. You can’t write a bylaw that overrides state law anymore than you can write a bylaw that says the Earth is flat. It doesn’t work that way.

Honestly, I wasn’t bothered too much by any of what was said at the board meeting, it’s what happens behind the scenes that caused me to take action. I started getting messages from community members who were being bullied. one told me that within five minutes of commenting on my blog in support, they received a bullying email from you know who. To be honest, this has been my biggest problem with this entire situation. Since this all started, people have come forward with stories of some of the things they have said about us via text, phone call, email, or in person.

Some were told they needed to “cut off communication” with us or it would “hurt their reputation or business.” One person was even told that being associated with us was “dangerous” for their reputation because we can’t be “trusted”.

I was at a total loss. As far as I know, it’s a city run board, not the Sopranos. To use a leadership position to bully the local community and business owners into silence is, quite frankly, despicable.

At this point, I wrote a formal complaint and sent it to the board and the city manager. I’m done playing this childish game. (Names have been changed or omitted in this version) Here is what I sent:

Dear Members of the “Dark” Council,

Although what is laid out in this email is the act of three individuals on your board, I am addressing the full board for the sake of transparency, and holding the organization accountable for actions taken by your leadership. For this, I am sorry. I love and respect most of you, but this behavior cannot continue and has gotten out of hand. At this point we are dealing with a smear campaign and people in our community are being bullied.

I am writing this email in hopes that you will choose to settle this matter internally before it goes any further. Honestly, I never expected to be dealing with something like this. We love this town and have never run into this kind of situation here. I understand that many of you may not even be aware of what has been going on behind the scenes.

It has come to my attention that some people were outraged at us recording the public meeting we attended. To be honest, I don’t understand why. Regardless of how anyone feels about it, the law is clear. Under the Pennsylvania Sunshine Act (65 Pa. C.S. § 711), any person attending a public meeting has the absolute right to record the proceedings using audio, video, or photography. There was no “secretly” recording a meeting. We turned on our iphone to record and that was that. I later transcribed it for my notes. That’s what we typically do at any public meetings we attend, as well as meetings we host.

Furthermore, I previously requested to bring my professional concerns regarding the application process to the board. The President responded via email stating that a board meeting was an inappropriate venue and noted: “We are always glad to have guests attend our Board Meetings. However, we follow a set agenda that has already been finalized for Monday’s meeting.”

This is a direct violation of the Sunshine Act (65 Pa. C.S. § 710.1). A public board cannot use a “finalized agenda” to bar a resident from speaking. The law mandates that the board must provide a period for public comment on matters of concern. Using the agenda as a gatekeeping tool to prevent community input is not only unprofessional, it is a failure of your legal obligations as a city-appointed body.

I also understand there was outrage about the sharing of emails by board members with us. I will say, it is not appropriate to tell board members that sharing these emails is illegal. Because this council is appointed by the City Council and your finances are intertwined with the city’s budget, your communications regarding board business are considered public records under the Right-to-Know Law (RTKL). This applies even to emails from personal accounts about board business. That means that if I wanted or had to, I could go through official channels to get copies of those emails.

These laws are there to protect the community and hold the board accountable for its actions. It is actually illegal to state otherwise. The fact that this has gotten out of hand the way that it has is the reason that transparency laws exist. So, I don’t care how “outraged” anyone is, the fact of the matter is that as a community member, I have the right to be heard and document my experience. Everyone in our community has this right. 

More importantly, people have come forward saying they have been receiving bullying emails, text, or phone calls from the individuals responsible, simply because they commented in agreement on my blog, an email, or social media about the situation we faced with these individuals. Others have come forward stating that they were told they should cut off communication with us or it could hurt their reputation. This behavior is unethical and a misrepresentation of the mission of the board.

I had previously discussed the prospect of mediation over the phone to clear the air, but no one followed up with me so it seems that finding a peaceful resolution is not a priority to council leadership. At this point, I no longer want mediation, I simply want this to be over and cut ties with the Dark Council. This has blown up way beyond a simple issue of a disagreement about a form and turned into something else completely.

If our business or income is affected by the smear campaign, I will go through official channels and move forward there. I would prefer however, to put this all behind me.

I am going to repeat this to the individuals responsible for this behavior on your board, If ANY retaliation, bullying, or misrepresentation is sent in ANY form whether it be a phone call, email, text, or in person conversation with any members of our community, businesses, or organizations that we have a relationship with, we will not stand by and let it happen. So don’t do it.

I know many of you might be asking, “Are we a public board, or are we private?” There seems to be a fundamental misunderstanding in the community regarding the legal status of the **** Council. It is important to clarify that the **** Council is a public board and not a private club. 

Per Chapter 7 of the City eCode, the *** Council (also known as the **** Commission) is an entity of the City Government. Being a public board means there should be things that are accessible to the public such as meeting minutes (covering all subjects discussed), meeting schedules, and names of attendees present. None of this is easily accessible or even made public. There is a concerning lack of transparency. We shouldn’t have to file a right to know request to obtain this information.

I personally hate cutting ties with the Council because I believe we could have really helped connect the council and our local artist community in productive and beneficial ways. Unfortunately, this experience has not been a positive one. There are plenty of other organizations that support the arts in town that I happily work with and are professional and transparent in their behavior. I will stay hopeful that things may change in the future.

Sincerely,

Rafi Perez

I didn’t actually write “dark” Council but again, I want to make sure this doesn’t go to the top of google.

As you can see, I extended one last olive branch. Move on. We are done with the Dark Council. We aren’t taking part in their business, and we aren’t looking for a seat at their table. But, I made it very clear, if one more friend is bullied or our business is threatened, I will move through official channels and this whole thing will not end well.

I can’t help but laugh at the ridiculousness of it all. Keep in mind that all of this started over an email I sent about a form.

Where We Stand Now

So, that’s it. I sent that email last week and haven’t heard back. I also haven’t heard of any gossip spreading or rumors, so they have either stopped or are being more sneaky about it. Either way, as long as it doesn’t effect us or our friends, I don’t care. We are moving forward with the Art Syndicate, working with the many professional and transparent organizations in this town and other towns that actually care about artists. As for the Boil Kitty Farts Council? The light is on. The receipts are saved. And the “Legacy” they were so worried about? Well, they’re the ones writing the final chapters. Hopefully they’ll write some good ones from here on out.

Tips for Artists (Or Community Members): Dealing with “Gatekeeper” Organizations

If you find yourself in a situation where a local public organization feels more like a private club than a community resource, here are a few things I’ve learned through this process:

• Know Your Local Laws: If an organization is appointed by the city or receives public funding, they are likely subject to transparency laws like the Sunshine Act and the Right-to-Know Law. They cannot legally ban you from recording a meeting or speaking during public comment.
• Keep the Receipts: Never rely on “he-said, she-said.” If someone sends a weird email or a threatening text, save it immediately and ask the people involved to do the same. Screenshot everything. If you have a phone call that feels off, follow it up with an email: “Just to confirm what we discussed on the phone…” This creates a paper trail that is very hard for them to ignore later.
• Don’t Let the “Legacy” Talk Intimidate You: Just because an organization has been around for 30 years doesn’t mean they are above reproach. A legacy is maintained through good behavior, not by silencing critics and name dropping people from the past in your emails. If your feedback is met with “But we’ve always done it this way,” it’s usually a sign that change is overdue.
• Find Your “Syndicate”: There is strength in numbers. Gatekeepers thrive on isolating artists and community members and making them feel like they’ll be “blacklisted” if they speak up. When you stand together as a collective, that “blacklisting” threat loses its power.
• Go Through Official Channels: If the board leadership is the problem, don’t just argue with them, go to their supervisors. For city-appointed boards, that means the City Manager or City Council. They are responsible for the people they appoint, and they generally don’t want the liability of unethical board members.
• Protect Your Peace: You don’t have to win every argument to win the war. Sometimes the best move is to walk away, build your own table, and let the old guard realize they’re sitting in an empty room.

Thank you to everyone who has reached out about this, we appreciate you all so much. And to all our community members who showed their support, thank you for coming forward, I know it wasn’t easy. Like I said earlier, I’m hoping this is the last update I will share about this and that this whole issue is behind us. Fingers crossed!