Newspaper contends Highlands violated state Sunshine Law
April 20, 2010 | Filed in: Sunshine
Act | Open
meetings
By Bobby Kerlik
PITTSBURGH TRIBUNE-REVIEW
Attorneys for the Valley News Dispatch and Highlands School District argued before a state appeals court yesterday over accusations the school board illegally shut out the public from part of a June meeting.
The newspaper is appealing a decision from Common Pleas Judge Joseph M. James, who ruled last year the school board acted properly when it met behind closed doors with officials of Heights Plaza shopping center to discuss a possible property tax assessment appeal.
Heights Plaza in Natrona Heights is one of the school district's largest taxpayers.
"The school board did this correctly," Highlands solicitor Ira Weiss told the three-judge Commonwealth Court panel. "Under the litigation exception (to the Sunshine Law), the governing body decided it was necessary."
The paper filed a lawsuit after the June 8 meeting, claiming the board violated the Sunshine Act, which governs open meetings.
Trib Total Media is the parent company of the Valley News Dispatch.
"This is a case involving a school district convening an executive session to meet privately with a taxpayer," newspaper attorney David Strassburger said. "The taxpayer and his lawyer can come to a public meeting and speak publicly what (they) want."
Commonwealth Court Judge Patricia McCullough questioned Weiss' position.
"Could (the meeting) have been done outside that executive session?" she asked.
Weiss said the board wanted to hear from the property owner in private, which he said is allowed under the law.
Judge Bernard McGinley and Senior Judge Jim Flaherty also were on the panel. Lawyers said they expect a decision in several months.
The Pennsylvania Newspaper Association filed a brief in support of the newspaper. The Pennsylvania School Boards Association filed a brief in support of the district.
"Our association is interested in the impact on school boards across the state and how they operate meetings under the guise of the Sunshine Act," said School Boards Association attorney Katherine Fitz-Patrick. "We believe (Highlands) acted appropriately."
PITTSBURGH TRIBUNE-REVIEW
Attorneys for the Valley News Dispatch and Highlands School District argued before a state appeals court yesterday over accusations the school board illegally shut out the public from part of a June meeting.
The newspaper is appealing a decision from Common Pleas Judge Joseph M. James, who ruled last year the school board acted properly when it met behind closed doors with officials of Heights Plaza shopping center to discuss a possible property tax assessment appeal.
Heights Plaza in Natrona Heights is one of the school district's largest taxpayers.
"The school board did this correctly," Highlands solicitor Ira Weiss told the three-judge Commonwealth Court panel. "Under the litigation exception (to the Sunshine Law), the governing body decided it was necessary."
The paper filed a lawsuit after the June 8 meeting, claiming the board violated the Sunshine Act, which governs open meetings.
Trib Total Media is the parent company of the Valley News Dispatch.
"This is a case involving a school district convening an executive session to meet privately with a taxpayer," newspaper attorney David Strassburger said. "The taxpayer and his lawyer can come to a public meeting and speak publicly what (they) want."
Commonwealth Court Judge Patricia McCullough questioned Weiss' position.
"Could (the meeting) have been done outside that executive session?" she asked.
Weiss said the board wanted to hear from the property owner in private, which he said is allowed under the law.
Judge Bernard McGinley and Senior Judge Jim Flaherty also were on the panel. Lawyers said they expect a decision in several months.
The Pennsylvania Newspaper Association filed a brief in support of the newspaper. The Pennsylvania School Boards Association filed a brief in support of the district.
"Our association is interested in the impact on school boards across the state and how they operate meetings under the guise of the Sunshine Act," said School Boards Association attorney Katherine Fitz-Patrick. "We believe (Highlands) acted appropriately."