Media law attorney says LH school board agenda ‘inconsistent with the law’
School board in possible violation of Sunshine act
A media law attorney questioned whether the agenda for Wednesday’s special meeting of the Laurel Highlands School Board contained enough information to comply with the Sunshine Act.
The agenda included an item labeled “statement of the purpose of the meeting,” followed by “adoption of the agenda.” Then, under the heading other business “approval of action on possible legal matter” was listed.
Melissa Melewsky, media law attorney for the Pennsylvania NewsMedia Association said the agenda was “inconsistent with the law as it doesn’t provide meaningful insight into the issues to be acted on or discussed.”
“The agenda requirements were enacted so that the public could understand what is going to be discussed or acted on and attend to participate if needed. The public can’t do that if the agenda doesn’t include meaningful information,” she said.
During that special meeting, the board voted to consider pursuing a lawsuit against Fayette County to force a property reassessment, a process not undertaken in more than 20 years. No members of the public appeared to be in attendance.
Prior to the meeting, the board held an open work session to talk about the possibility of pursuing a lawsuit. Votes are not taken during work sessions.
A reporter from the Herald-Standard objected to the meeting last night, stating that agenda needs to include a “listing of each matter of agency business that will be or may be the subject of deliberation, or official action at the meeting and applies to all regular and special public meetings,” and was in violation of the Pennsylvania Sunshine Act.
The Sunshine Act is a law that requires public agencies, like school boards, to conduct their deliberations in public.
“The government answers to (taxpayers), not the other way around. The Sunshine Act is one of the mechanisms by which (taxpayers) can ensure transparent, accountable government,” Melewsky said.
At the meeting, board Solicitor Gary Frankhouser said he “respectfully disagreed” with a reporter’s object to the meeting.
“I understand your point of view,” he said, “and endeavor to not violate the Sunshine law at any point.”
Board member Randy Raymond – who strongly advocated for the board to consider the lawsuit – also disagreed with the objection stating, “You’re just wrong.”
Contacted on Thursday, Frankhouser reiterated that the board was “definitely in compliance.”
Since 2021, the Sunshine Act requires all agencies to post their agendas for all public meetings at least 24 hours in advance.
The agenda for the Laurel Highland School Board meetings are posted to a Google drive through a link from the board’s official website. According to the file information, Wednesday’s agenda was not posted until 10:11 a.m. the day of the meeting.
A screenshot that indicates the agenda to Wednesday’s meeting was posted the day of the meeting, instead of the 24 hours before the meeting as required by the Sunshine act.
Frankhouser said he was unaware when Wednesday’s agenda was posted, but said the school usually posts the document two days before a meeting.
Melewsky said there is now a 30-day window from Wednesday’s meeting in which a complaint can be filed.
“The Sunshine Act is a citizen-enforced law, so it falls to citizens to act when there’s an issue,” Melesky said. “Sometimes, agencies will amend their conduct or redo votes in response to citizen complaints, but the law doesn’t require them to do so. “