School district website is down...UPDATED 2x Includes Second Bond Issue

And just in time for the ONE meeting in July. Normally, the school board directors hold two meetings a month. The first meeting is a discussion meeting where the school board introduces and discusses what is posted on the agenda. The second meeting is the business meeting where a vote is taken. In recent years, July is a combined meeting.

Monday will be a construction update, followed by the combined discussion/business meeting. Here is the problem. There is no agenda posted or available to the public. The summer months are when raises are passed, change orders are snuck in, as well as other important issues. July is also when Josephine Posti gets giddy over the tax liens list that becomes public information.

So all this will be happening on Monday, and no agenda has been posted.

Update 1:01 PM The school district website is now up.  The agenda for Monday's meeting is available here.

Update 1:30 PM No biggie. Second bond issue is an action item.

1. "Second Bond Issue for High School Project – The High School Renovation Project Budget totals $109,650,000 of which only $75,000,000 has been funded through the initial 2009 Bond Issue. With the pace of the project, the balance of funding must now be considered. There is $1.7 million in a Capital Fund for asbestos removal which should be dedicated to this project since that was what the funding was originally dedicated towards. Utilizing these funds leaves a gap of $32,950,000 which can be funded by a new bond issue. The size of that bond issue could be reduced if the Board desires by using some of the funds either in the General Capital Projects account or by excess funds not utilized for operations in the General Fund from 2011, 2012 and estimated from 2013. The Superintendent recommends the Board discuss the size of the bond issue borrowing and authorize Janney Capital Markets and Houston Harbaugh to proceed towards bond issuance over the next month. The Board will have to take action to approve the sale of the Bonds either at the August Board meeting or at some later date if market conditions indicate that waiting would be in the best interest of the District." 
   

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.