After researching the issue and speaking with experts, a nonpartisan group of six residents (Ray Clarke, Neal Colligan, Jerry Henige, Barb Jackson, Peggy Layden and myself) believed the School Board deliberations at the TESD February 3, 2015 board meeting violated the Pennsylvania Sunshine Act. On February 13, 2105 via Certified Mail, a thoughtfully written letter was sent to the School Board members (President Kris Graham, VP Doug Carlson, Virginia Lastner, Scott Dorsey, Karen Cruickshank, Kevin Buraks, Liz Mercogliano, Jim Bruce and Pete Motel) stating our specific concerns regarding their process. (Click here to read February 13 letter to School Board).
As residents, we believed that with quick action at the next TE School Board meeting on February 23, the Board could remedy the process and maintain the trust of the community in the integrity of the District’s governance.
I received the following response from the School Board (via the District Solicitor Ken Roos), in an email Friday afternoon:
Dear Ms. Benson,
As District Solicitor, I respond on behalf of the School Board to the allegations of non-compliance with the Sunshine Act by the School Board contained in the letter you forwarded below. Please forward this response to the other signers of the letter.
At all times, the Board carefully considered its obligations under the Sunshine Act prior to each executive session and Board information meeting conducted with respect to the issue of benefits for District employees in light of the Affordable Care Act (ACA). At no time was the Sunshine Act violated. Moreover, the February 3, 2015 Board vote on this fully disclosed agenda item occurred after a lengthy public presentation, public Board discussion and public comment in full compliance with the Sunshine Act.
Kenneth A. Roos
Solicitor, Tredyffrin/Easttown School District
Although the reply is not surprising, I disagree and find it inadequate and dismissive as a response to the well-researched points that were raised in our letter of February 13 to members of the TE School Board.
My observations —
- It’s unfortunate that these five separate Affordable Care Act discussions were held in private, out of the light of the public eye and the benefit of public deliberation.
- It’s unfortunate that deliberation regarding an employment policy change for 73 full-time District employees occurred in private and that a resolution simply appeared at the end of the meeting with no advertisement or notification.
- It’s unfortunate that the misleading ‘ACA Update’ listing on the meeting agenda is referenced [in the above response] as a “fully disclosed agenda item”.
- It’s unfortunate that 73 dedicated full-time District employees are notified of the School Board’s policy change and outsource decision via a 10:30 PM email following the meeting.
- It’s unfortunate that the public’s participation is not valued in important policy decisions.
There is no doubt that members of the school board have received many emails and phone calls from residents since the February 3 School Board meeting and my guess is that virtually none of these contacts was in support of their actions.
I cannot imagine that the actions of the TE School Board were not a violation of the Sunshine Law, but I can guarantee that it is a violation of the public trust.
After forwarding the solicitor’s email to the other letter signers, they were asked if they wanted to include their reactions to the District’s response in this post. Here are those responses:
From Ray Clarke:
I am disappointed to receive this denial of a crystal-clear case of a Sunshine Law violation by the individuals on the School Board. However, I suppose it would be a rare lawyer that would advise acknowledging guilt before the proceedings have begun. I am more disappointed that there is no sign that the Board plans to do the right thing and address the community’s widespread concern, in Monday’s meeting or at any other time. Residents have been deliberately shut out of a matter of widespread concern and need to make their feelings clear to the Board.
From Barb Jackson:
Ken Roos is the solicitor in the Lower Merion School District as well as the TE School District. I understand that the Radnor School District has recently hired him. It is well documented that Lower Merion residents are frustrated and angry about transparency issues in their district. I am disappointed that when confronted with legitimate questions about transparency and open communication from community members, the board turns to the solicitor Ken Roos to write this letter, instead of making every attempt possible to be open and transparent and invite community participation and input.
From Neal Colligan:
Really surprised they sent such a short and dismissing response. Our challenge to the Sunshine Act centers on the 5 Exec Meetings concerning this topic…not covered by the list of items allowed in Exec Session. This response does not defend the reason for these meetings only that “the Board considered … at no time did they violate…”. Our challenge to the process in deciding this issue was well thought-out, supported by experts we consulted and well written. The response was a simple quickly written e-mail. The two communications say volumes in their structure.
This is a legal response saying the Board met the minimum technical standards of the Act. Until proven otherwise, it’s a plausible defense. That said, it’s hard for me to think that all members of this elected body agree with the handling of this issue. I’m hopeful at least one member objects to the process in light of the public challenge … whether it can be proved right or wrong. I’m surprised but not shocked … possibly someone elected to represent the community will address the process employed here by stepping out from behind the Solicitor. We’ll see.
I’ve made an Open Records Request asking for the details of these Exec. Sessions not previously disclosed in public communications. We’ll see what that brings. Maybe the process was a full vetting of all alternatives in a thoughtful and complete presentation over several meetings … maybe not. Maybe the decision had been made a long time ago regarding these employees and the ACA and the Exec. Sessions were based on creating a tightly scripted response and explanation to be given at the end of a long public meeting with questionable (although technically compliant) notice to the community. Likely, we may never know … I’ll share what I receive when/if I get a response to my request.
IMPORTANT: The next School Board Meeting is this Monday, February 23 at 7:30 PM, Conestoga High Schools. This is an important issue — please plan to attend the meeting and have your voice heard.
You can email your concerns/questions regarding this issue directly to the TE School Board at email@example.com