PNA: Trinity policy violates state law
By Dawn Goodman
Staff writer
dgoodman@observer-reporter.com
Trinity Area School Board’s policy that permits just five people to speak at public meetings violates the state Sunshine Law, according to a Pennsylvania Newspaper Association solicitor.
Three weeks ago, the board allowed more than five people to speak when hundreds showed up in support of athletic director Ed Dalton, food services director Thomas Sabol and the fall athletic coaches.
However, at last week’s meeting, the board didn’t waive the requirement and only five people were permitted to speak after board President Tom Bodnovich pointed out that the policy was approved under a previous board. The policy was adopted on Dec. 5, 2002, and the most recent revision was April 20, 2006.
“It conflicts with the plain letter of the Sunshine Act as well as its intent,” said association attorney Melissa Melewsky. “I don’t think it’s going to pass judicial scrutiny.”
Melewsky said it’s not the first time she’s heard of the issue coming up, but most agencies choose not to approve a policy of that nature.
“They need to take a long, hard look at whether it’s legal,” she said.
Whether it’s illegal is ultimately up to a judge to decide, but it doesn’t seem right since the law requires that governing bodies give residents and taxpayers a reasonable opportunity to speak, said Kim de Bourbon, executive director for the Pennsylvania Freedom of Information Coalition.
“I would think that certainly violates the spirit of the law,” she said.
Board member Sandra Clutter said the present board didn’t create the policy, but if it is illegal, it should be changed. If it’s legal, it should remain as long as a majority of the board can waive the five-person requirement, she said.
After a reporter questioned Clutter about the policy, she said she contacted district solicitor Dennis Makel and asked him to review it and give the board a recommendation.
Board member Scott Day also said it should be referred to the school board policy committee for review.
Join the Observer-Reporter’s conversation about education at our blog at www.observer-reporter.com/or/behinddesk.
Staff writer
dgoodman@observer-reporter.com
Trinity Area School Board’s policy that permits just five people to speak at public meetings violates the state Sunshine Law, according to a Pennsylvania Newspaper Association solicitor.
Three weeks ago, the board allowed more than five people to speak when hundreds showed up in support of athletic director Ed Dalton, food services director Thomas Sabol and the fall athletic coaches.
However, at last week’s meeting, the board didn’t waive the requirement and only five people were permitted to speak after board President Tom Bodnovich pointed out that the policy was approved under a previous board. The policy was adopted on Dec. 5, 2002, and the most recent revision was April 20, 2006.
“It conflicts with the plain letter of the Sunshine Act as well as its intent,” said association attorney Melissa Melewsky. “I don’t think it’s going to pass judicial scrutiny.”
Melewsky said it’s not the first time she’s heard of the issue coming up, but most agencies choose not to approve a policy of that nature.
“They need to take a long, hard look at whether it’s legal,” she said.
Whether it’s illegal is ultimately up to a judge to decide, but it doesn’t seem right since the law requires that governing bodies give residents and taxpayers a reasonable opportunity to speak, said Kim de Bourbon, executive director for the Pennsylvania Freedom of Information Coalition.
“I would think that certainly violates the spirit of the law,” she said.
Board member Sandra Clutter said the present board didn’t create the policy, but if it is illegal, it should be changed. If it’s legal, it should remain as long as a majority of the board can waive the five-person requirement, she said.
After a reporter questioned Clutter about the policy, she said she contacted district solicitor Dennis Makel and asked him to review it and give the board a recommendation.
Board member Scott Day also said it should be referred to the school board policy committee for review.
Join the Observer-Reporter’s conversation about education at our blog at www.observer-reporter.com/or/behinddesk.
Labels: Trinity policy
posted by Dawn Keller at
11:52 AM
1 Comments:
The present board did not create the rule, but some current board members were members on the previous board.
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