Judge schedules hearing in Uniontown lawsuit
Judge John F. Wagner Jr. scheduled a public hearing in a case against the Uniontown Area School District and five of its board members at 9:30 a.m. March 1 in courtroom 2 at the Fayette County Courthouse. Wagner recently issued a statement announcing the date after oral arguments were presented by Herbert Margolis, the Uniontown attorney who filed the lawsuit, and solicitor for the district, Michael Brungo.
Margolis and 11 other taxpayers filed a lawsuit against the school district alleging the board members and the district superintendent violated the Sunshine Act at a Dec. 11 special meeting.
Margolis is petitioning the court to void board action that appointed Charles Castor to a vacant board seat and is asking the board to schedule another meeting with all members present to vote to reappoint someone to the seat vacated by former Board President Ron Machesky.
Margolis contends that the correct process was not followed when the board appointed Castor, pointing to literature from the Pennsylvania School Boards Association’s School Leader News that states “interviews and discussions of possible board member vacancies must be done in public.”
The publication, circulated to school board members, lists “interviewing possible replacement board members in private when there is a board vacancy” as number four on a “Top Ten List of Common Board Mistakes at Meetings.”
Nancy Herring was contacted via speakerphone during the meeting since a fifth vote was needed for the acceptance of a $7 million bond issue and cast a vote in favor of both motions.
The Rev. Peter Malik looks forward to the public hearing in the case, saying it gives the chance for “the public to see all the details on how our school board feels they need to conduct their business.”
Malik also noted the meeting is 10 weeks before the May election, where the public may vote to retain board members Castor, Ken Meadows, Susan Clay, Nancy Herring and Tammy Boyle, whose names are scheduled to be on the primary election ballot.