What exactly happened at the school board meeting?

I have had a couple of emails asking about David Huston's comment at last night's school board meeting. Here is part of one email exchange.

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:

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.html

For 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.html 

I found this website too that might be helpful. http://sunshinereview.org/index.php/Pennsylvania_Sunshine_Act 

Here 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.

David Huston explained it much better.  Here is what he wrote:

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.  

Celebrate freedom

As we celebrate freedom today, let's also support the tools that support freedom. Thankfully, we have the Internet. The Sunshine Act allows us to file Right To Know Requests. The PA Office of Open Records has developed a citizen's guide which provides a simple overview and can be found here.

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This struck me as very funny

In today's Trib, Violations of Sunshine Act to cost more:

Elected officials will face stiffer penalties beginning in August if they're found to have violated the state's Sunshine Act.
Gov. Tom Corbett on Thursday signed an amendment that will increase the maximum penalty to $1,000 from $100 for officials who hold violate the law, which broadly requires government officials to hold meetings in public.

Mt. Lebanon Commissioner Joe DeIuliis was quoted as saying:

Mt. Lebanon Commissioner Joe Deluliis said the measure's strength could also be its weakness.
A $1,000 fine for a first offense, even if it's unintentional, is "pretty big," Deluliis said.
"I know the governor's intentions are positive, and I know the intent is for greater transparency, but when you start increasing the penalties, it may have an adverse effect on people's willingness to get involved in government," he said.

Why I find this funny is that Joe DeIuliis was the only commissioner against televising the commission meetings, as well as the discussion sessions. Of all the people to ask about this new amendment.

 

Read more: Violations of Sunshine Act to cost more - Pittsburgh Tribune-Review