Whitehall Township Board of Commissioners took action, at the end of the Sept. 11 meeting, acknowledging Commissioner Andy Roman has forfeited his office, per the township’s Home Rule Charter, because of consistent absences.

According to Article III, section 3.08 of the township’s Home Rule Charter, a commissioner shall forfeit office if they “fail to attend three consecutive regular meetings without being excused by the board of commissioners.”

Roman is recovering from a stroke and has reportedly missed every public meeting since Nov. 14, 2022. These absences were considered excused until the July 10 meeting.

Roman said he sent emails to township Solicitor Jack Gross and board President Joe Marx and offered to provide doctor’s notes and reports to stay compliant.

He said he also suggested, on three separate occasions, that he would be willing to attend virtually. He was told that is not in the charter.

“There’s a lot of things not in the charter, like common decency and common sense,” Roman said in an interview with The Press.

Roman said he was not notified the issue of his absence would be discussed or acted on during the meeting and alleged a possible violation of the Sunshine Law. According to the 2021 Sunshine Act, a meeting agenda should “include all issues to be deliberated on and any planned official action, such as votes.”

Gross said the item wasn’t on the agenda because the absence didn’t become an actionable item until Roman failed to attend the Sept. 11 meeting.

“There was no official action by the board, and it would have been inappropriate to include an agenda item that assumed Mr. Roman would not attend the meeting. He did not forfeit his office until he did not attend the meeting,” Gross said. “The other board members could not know, in advance, if that would happen.

“As the meeting concluded without him in attendance, the board simply acknowledged that Mr. Roman had not been present and, under the charter, had forfeited his office,” he continued.

Treasurer Tina Koren reportedly reached out to tell Roman about the situation. If she hadn’t said anything, Roman said he would be none the wiser.

At the Sept. 11 meeting, Gross said there is no notification requirement listed in the charter.

“I’m shocked at the way they are treating me. My stroke happened at [a] meeting, so they were well aware of what happened,” Roman said.

Roman, a Republican, had been on the board for a year and a half. His term is set to expire in December 2025.

“This whole situation breaks my heart. But what we’ve seen over the last few months is that we can’t function as a split board. The votes we’ve had have been too close; it’s been too decisive,” Commissioner Charles Fisher said at the meeting.

Roman said he has contacted an attorney.

Per the Home Rule Charter, the board has 45 days after a vacancy to fill the seat with someone of the same party.