School district denies it violated Sunshine Law
By MARK MARONEY | The [Williamsport]
Sun-Gazette
HUGHESVILLE — On Tuesday night, the East Lycoming School District denied it violated the state Sunshine Law regarding what can and can't be discussed in executive session for legal, personnel or student-related purposes, but a media law attorney isn't so sure the district is in the clear.
"There was no violation," solicitor Thomas Marshall said. A board member on July 20 asked a different solicitor to investigate redistricting issues as it relates to how school board members are elected.
It was an "informal inquiry" and allowed by the Sunshine Act, Marshall said.
However, Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association, cited the terms of the litigation executive session section of the law.
"The act allows an agency to discuss pending or threatened litigation with its attorney or other professional adviser pursuant to the litigation executive session," Melewsky said.
"If there is no pending or threatened litigation, a litigation executive session is not appropriate," she said.
The issue at hand is whether the school board is in violation of a law dictating the terms of discussion behind closed doors, where news reporters and public are not permitted.
On Tuesday night, Marshall said his interpretation of what happened on July 20 does not indicate any kind of violation of the Sunshine Act. He noted the board took no official action.
Some discussion has taken place regarding whether the district will become an "at-large" voting district, or accept other options, such as one or three school directors elected from each region or some other equitable solution as demographics and populations change.
"No action's been taken," board president Richard Michael said.
Currently, the district voters come from three regions. Region 1: Hughesville, Region 2: Wolf Township, Picture Rocks, Shrewsbury and Mill Creek townships, and Region 3, Moreland, Franklin, Jordan and Penn townships.
At the last meeting, board member Donna Gavitt said she believed the discussion held in executive session may have been a violation of the state Sunshine Law.
Gavitt apologized Tuesday night after listening to Marshall's statement regarding the "informal inquiry" of the solicitor. She also apologized if her remarks caused anyone any consternation.
But the section of the law may indicate some parsing of language is happening.
"Some agencies argue that allows the agency to have private discussions with its attorney anytime it chooses," Melewsky stated in her comments regarding the meeting she gave prior to it happening.
"We take the position the litigation executive session does not allow private discussions with an attorney anytime the agency chooses," she said. "If the litigation executive session allowed private discussions with an attorney anytime the agency chooses, there would be no reason for the litigation exception."
Kevin Heatley, a parent, also believes the Sunshine Law has been violated, but in a different manner.
"My criticism isn't about the individual business manager David Maciejewski who is taking minutes," Heatley said. "He does a phenomenal job on finances and environmental green issues in the district," he said. "He's been working according to the board policy."
"There has been a gross inequity in the reporting of citizens comments in the official minutes of the school board for the last year and a half," Heatley maintained.
East Lycoming had a major controversy regarding seventh and eighth grade curriculum, in which the public and staff and teachers made their opinions known and none of it was recorded, Heatley said. In effect, it is as if those comments never existed, Heatley said.
"If anyone wants to look at what transpired, it doesn't exist," he said. There are four items covered in the act, Heatley said, holding a copy of the law: "Name, address of the citizen presenting any statements on record and the general nature of the discussion, or topic."
When that information isn't put into the official record that undermines the democratic process, the transparency of the decision-making and confidence in the school board among the citizens in the district, Heatley suggested.
"How do we know what is incorporated into decision making?" he asked.
Marshall said the board may want to consider audio or visual recording of the meetings. He also noted the purpose of taking minutes is to record official board action.
In a different matter, parent Rose Trevouledes thanked the administration for its support for bringing back the Parent Teacher Student Organization at the high school.
She also suggested the 6 to 8 p.m. Sept. 8 high school "open house" be used for membership drives.
HUGHESVILLE — On Tuesday night, the East Lycoming School District denied it violated the state Sunshine Law regarding what can and can't be discussed in executive session for legal, personnel or student-related purposes, but a media law attorney isn't so sure the district is in the clear.
"There was no violation," solicitor Thomas Marshall said. A board member on July 20 asked a different solicitor to investigate redistricting issues as it relates to how school board members are elected.
It was an "informal inquiry" and allowed by the Sunshine Act, Marshall said.
However, Melissa Melewsky, media law counsel for the Pennsylvania Newspaper Association, cited the terms of the litigation executive session section of the law.
"The act allows an agency to discuss pending or threatened litigation with its attorney or other professional adviser pursuant to the litigation executive session," Melewsky said.
"If there is no pending or threatened litigation, a litigation executive session is not appropriate," she said.
The issue at hand is whether the school board is in violation of a law dictating the terms of discussion behind closed doors, where news reporters and public are not permitted.
On Tuesday night, Marshall said his interpretation of what happened on July 20 does not indicate any kind of violation of the Sunshine Act. He noted the board took no official action.
Some discussion has taken place regarding whether the district will become an "at-large" voting district, or accept other options, such as one or three school directors elected from each region or some other equitable solution as demographics and populations change.
"No action's been taken," board president Richard Michael said.
Currently, the district voters come from three regions. Region 1: Hughesville, Region 2: Wolf Township, Picture Rocks, Shrewsbury and Mill Creek townships, and Region 3, Moreland, Franklin, Jordan and Penn townships.
At the last meeting, board member Donna Gavitt said she believed the discussion held in executive session may have been a violation of the state Sunshine Law.
Gavitt apologized Tuesday night after listening to Marshall's statement regarding the "informal inquiry" of the solicitor. She also apologized if her remarks caused anyone any consternation.
But the section of the law may indicate some parsing of language is happening.
"Some agencies argue that allows the agency to have private discussions with its attorney anytime it chooses," Melewsky stated in her comments regarding the meeting she gave prior to it happening.
"We take the position the litigation executive session does not allow private discussions with an attorney anytime the agency chooses," she said. "If the litigation executive session allowed private discussions with an attorney anytime the agency chooses, there would be no reason for the litigation exception."
Kevin Heatley, a parent, also believes the Sunshine Law has been violated, but in a different manner.
"My criticism isn't about the individual business manager David Maciejewski who is taking minutes," Heatley said. "He does a phenomenal job on finances and environmental green issues in the district," he said. "He's been working according to the board policy."
"There has been a gross inequity in the reporting of citizens comments in the official minutes of the school board for the last year and a half," Heatley maintained.
East Lycoming had a major controversy regarding seventh and eighth grade curriculum, in which the public and staff and teachers made their opinions known and none of it was recorded, Heatley said. In effect, it is as if those comments never existed, Heatley said.
"If anyone wants to look at what transpired, it doesn't exist," he said. There are four items covered in the act, Heatley said, holding a copy of the law: "Name, address of the citizen presenting any statements on record and the general nature of the discussion, or topic."
When that information isn't put into the official record that undermines the democratic process, the transparency of the decision-making and confidence in the school board among the citizens in the district, Heatley suggested.
"How do we know what is incorporated into decision making?" he asked.
Marshall said the board may want to consider audio or visual recording of the meetings. He also noted the purpose of taking minutes is to record official board action.
In a different matter, parent Rose Trevouledes thanked the administration for its support for bringing back the Parent Teacher Student Organization at the high school.
She also suggested the 6 to 8 p.m. Sept. 8 high school "open house" be used for membership drives.