March hearing will decide on lawsuits against school district
Two suits filed against the Uniontown Area School District, both of which allege violations of the Sunshine Act, will be consolidated to determine their merits during a March hearing in Fayette County Court. On behalf of a citizens’ group, attorney Herbert Margolis filed court action against the district and its board of directors. In the first suit, he alleged that director Nancy Herring’s vote on two issues by phone during a Dec. 11 special meeting violated the Sunshine Act because she was not on the phone when the issues were discussed, only at the time of the vote.
The issues were the appointment of Charles Castor to the board and a bond issue regarding renovations within the district’s schools. Before Herring got on the phone, the board accepted the resignation of director Ron Machesky.
The suit intimated that the board discussed the issues outside of the public meeting, which is not allowed under the Sunshine Act.
In his second suit, Margolis alleged that during a Jan. 4 meeting, when Castor was again appointed to the board by a majority vote, the board again violated the Sunshine Act and Roberts Rules of Order because it voted on that before and limited public comment.
The district responded to the first suit, calling it “frivolous” and denying any claim that the issues during the Dec. 11 were discussed in violation of the act. District solicitor Michael Brungo indicated that Herring was free to learn about the bond issue by educating herself before the meeting.
Brungo also noted that Herring knew Castor as a fellow school board member for several years. Castor was ousted from the board during the last election.
The first suit was filed on behalf of district residents Darren M. DeCarlo, Steve A. Gavorchik, Thomas R. George, Peter A. Malik, Shawn McAninch, Dale R. Rexrode, Timothy B. Sandstrom, Angela D. and Paul D. Yankulic Jr., Jeraldine and Ralph Mazza and Margolis.
DeCarlo, Malik, McAninch, the Mazzas and Margolis are named as plaintiffs in the second suit.
Named as defendants in both matters are school board members Tammy J. Boyle, Susan S. Clay, Dorothy J. Grahek, Harry J. Kaufman and Herring.