Brownsville school director says board did not properly advertise January meeting
BROWNSVILLE – School board member Andy Dorsey questioned whether the board violated the state’s Sunshine Act by not placing a legal ad for a voting meeting held last month.
Just before the board was set to approve the minutes of its Jan. 17 meeting, Dorsey pressed Solicitor Jeremy Davis for more details about ads for school board meetings.
“Last month, I asked for a legal opinion and a copy of any ads that were placed, but I’m still waiting for a response,” said Dorsey.
Davis said a Jan. 3 article in the 蘑菇视频 listed the board’s officers for 2019 and listed a schedule of the meetings for the year. The article included similar information for Brownsville and 16 other districts across Fayette, Greene, Washington and Westmoreland counties.
Davis said the district placed a legal ad that appeared in the newspaper on Feb. 6. That ad included meeting dates and times for planning sessions, committee meetings and regular board meetings.
It does not appear, however, that board properly advertised the Jan. 17 meeting, Dorsey said.
Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association, said news articles don’t take the place of legal notices.
“The Sunshine Act requires agencies to give public notice for their regular schedule of meetings at least three days in advance of the first meeting of the year. These ads usually appear in early January,” she said.
Dorsey asked Davis if the Jan. 17 meeting would be considered void if the district was in violation of the Sunshine Act.
“I am looking into this but in my opinion, it doesn’t appear that any items would be invalidated,” Davis answered.
Melewsky agreed.
She said if a meeting is held without proper notice, “nothing happens unless there’s a lawsuit filed and a court takes action, which is rare.”
Absent the court stepping in, Melewsky said nothing that occurred at the meeting would be automatically voided.
At its Jan. 17 meeting, the board approved a budget opt-out resolution for the 2019-2020 school year, stipulating that the district will not exceed an index of 3.5 percent established by the Pennsylvania Department of Education.
Members also made several hires and approved a policy that allows school security officers who have been approved to carry a weapon, among other business.
Davis said he is conducting research to address Dorsey’s concerns and plans on providing the district with an opinion letter and possibly a statement at the board’s March meeting.
“Brownsville School District strives to be completely transparent and in full compliance with the Sunshine Act,” Davis said. “If any of the protocols weren’t followed properly, the district will rectify things to ensure it follows all the rules in the future.”
Dorsey said he is still not satisfied with the answers he is getting.
“We need transparency,” he said. “The public has to know when the board is meeting so they stay informed about what’s happening in the district.”