Could you (or if you'd prefer, feel free to forward this to Mr. Huston) explain, in simple terms, the Sunshine Act and how it applied to the meeting last night from your perspective? Thank you so much!My response:
David Huston explained it much better. Here is what he wrote:Thank you for contacting me through the blog. I have copied David Huston on this email. Do you know that the podcast is available here? http://www.lebocitizens.com/Lebo_Citizens/Podcasts/Entries/2012/7/16_School_Board_Discussion_Business_Meeting.htmlFor information on the Sunshine Act, I have this link on the website as well. http://www.elc-pa.org/pubs/downloads%202009/GettingInformationAboutYourSchool6-09.pdf under http://www.lebocitizens.com/Lebo_Citizens/Right_to_Know.htmlI found this website too that might be helpful. http://sunshinereview.org/index.php/Pennsylvania_Sunshine_ActHere is what I see as the issue about having the meetings combined. The first meeting in the month is when there is discussion about an agenda item. The school board is very tight lipped about their agenda items. These issues were introduced (briefly) and then voted upon all in one motion. David is absolutely correct in what he said.
I wish more people tried to find out what is going on. I could sit here and type many hours all about the Sunshine Act, but for now I will attempt to clarify what I said last night.
Our lawmakers crafted the Sunshine Act specifically to allow folks to not only see government function but also to allow and encourage public participation. It's why we go to government meetings, and gets to the very reason America its allegiance with Great Britain. The Commonwealth of Pennsylvania is the oldest civilized government on the North American continent, with the Pennsylvania State Constitution the first contract with its citizenry.
From the Sunshine Act, 65 Pa.C.S.A. Section 702:
The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society.
It is truly a shame the Sunshine Act is not adhered to or enforced the way its authors intended.
Much more information is available at:
http://www.pafoic.org/
Typically the School Board has two open meetings a month. One is the Discussion meeting, and the second one is the Business meeting. This month we had a "Combined" meeting. I do not think it is possible to have a combined meeting. You can only have one meeting, then another; but never two combined into one.
So, we either:
1) Skipped the Discussion meeting this month and only have a Business meeting
-- This is what I think actually happened
or
2) Go along with what Posti and the agenda stated and have both meetings at the same time.
--It is not possible for this to happen, but it is my premise for the Sunshine Act violation
Here is the part of the Sunshine Act our School District violated last night:
65 Pa.C.S.A. Section 708 (6)(b) Procedure. The executive session may be held during an open meeting, at the conclusion of an open meeting, or may be announced for a future time. The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session.
The District, according to both the agenda and Posti, held both the Discussion meeting and the Business meeting at the same time. The open meeting occurring immediately subsequent to the executive session was the Discussion meeting. The District started the second open meeting, the Business meeting, without announcing the reason for the executive session during the Discussion meeting. The District did not announce the reason for holding the executive session at the open meeting occurring immediately subsequent to the executive session.
I am not a lawyer, but I know when the District is violating the Sunshine Act.
David Huston
I am aware that some school districts may eliminate some summer meetings, but to me, that is not an excuse. Historically, the summer is when things get slipped in here in Mt. Lebanon. If you listen to Josephine Posti, she was encouraging the media to request the list of liened properties for the 2011 tax year. I filed a RTK but I have mixed emotions about publishing it, if or when I get my RTK granted. This is not transparency in my mind. How many of the liened properties are due to bankruptcy? Josephine seemed delighted to publish the list. How about sharing the salaries? How much did Timmy get? Or Jan? What exactly was the technicality regarding Jan's salary? How about some transparency there, School Board? To sound excited over people's hardships sounds a little twisted to me. I know that I may be sounding hypocritical since I wanted to publish the scofflaws, but I think this is different.
6 comments:
"... this board has worked hard to encourage transparency over recent years. Shortly after our election, I suggested we provide the public with copies of the information in board packets, provide more accurate descriptions of our executive sessions and post board minutes on the web site (after discussion, this took the form of board summaries). These changes, along with many others that have manifested themselves during the superintendent search and high school renovation project have heightened the level of engagement among members of the public and developed a higher level of accountability among board members. My suggestion Monday was to continue the discussion about ways that we can make board meetings more meaningful for the public while protecting stakeholder groups, private citizens and our staff from criticism that isn't under the board's purview."
- Jo Posti
August 13, 2008
Center Court
The policy underpinnings of how the school board is run is akin to any third world dictatorship. Whether by accident or design it is the least transparent body of government that exists in our country today. I guarantee that a basic civics course would not trumpet its procedural model to any student. Posti and Kubit never understood that how they reached their decisions were often more important than their decisions themselves. Neither should be in office let alone leadership positions.
. . . " protecting stakeholder groups, private citizens and our staff from criticism that isn't under the board's purview." Read that Posti's thumb.
- Jo Posti
August 13, 2008
Center Court
Elaine you just have to realize board business is to be hidden from the folks who don't think like Posti.If you think like Posti your RTK is filled promptly. If you don't think like Posti $2,600 is pi**ed away on a legal review of your request. Why not ask to see the district's legal bills?
Posti is by far the most dishonest and coniving elected person we have in this town. Some come close but she is definitely at the top. She rules the school board with her little iron fist and it's pathetic. Love the fact we're all paying higher taxes so we could get a monument to her ego. I hear Nello is in trouble with overruns. Is that true, Jo?
If there is nothing to hide, why does she subscribe to a method of obfuscation, obstruction and all around sneakiness? Her behavior smacks of corruption and leaves one wondering what crimes are being committed under her tutelage. We've already seen her and her hench-women in action on election day committing federal voting violations and lying to residents. And she managed to rope in numerous non-profits (including the PTA!) to help with her personal sleaze campaign, another crime. But that's only what we've seen. So again, what's going on behind the scenes? Were there kickbacks involved with the high school project? What about the PK group? I mean, why would you take a company with NO experience in a capital campaign for a public high school (they did one for a private Quaker school. Wait a sec)?
For the snotty elitist she portrays, Josie sure acts like a low-rent thug. No class at all. But this is what we get when less than a quarter of eligible voters (not the thousands of dead Obama supporters) actually take the ten minutes required to vote. And that, Josie P, is what's ghetto. That, and not paying your fair share of taxes. So lo, I say unto you, Josephine, pay unto others what you would have them pay unto you. I'll expect a public announcement that despite your reservations regarding the reassessment process, you're demonstrating some leadership (for once) and will voluntarily pay taxes that are equitable to the true value of your home. Thanks.
Question:
Matt Smith has this on his website:
"Sign the Petition!
Sign Rep. Smith’s petition urging non-profits to keep jobs here in PA."
Do you think his democratic compatriot Larry Lebovitz— the guy that advises companies on how to skirt employment regulations to hire foreign workers will "excitedly" sign Matt's petition?
Just askin? I always thought you could judge someone by the company they keep.
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