Let the Sunshine In! EASD's Gag Rule Violates PA Sunshine Laws to Prevent Public Comment

The Easton Area School District is willfully obstructing Pennsylvania's Sunshine Laws that guarantee citizen input at public meetings--but citizens are not taking it lying down.

Posted by: Noel Jones
Source: Merriam-Webster's Dictionary

de·lib·er·a·tion

 noun \di-ˌli-bə-ˈrā-shən

1

a : the act of deliberatingb : a discussion and consideration by a group of persons (as a jury or legislature) of the reasons for and against a measure

Examples of DELIBERATION

1. After hours of deliberation, the council came to a decision.
2. Jury deliberations lasted two days.
3. She spoke to the audience with clarity and deliberation.

Watch  the video and see Easton residents Troy Renard and Larry Porter as they spoke up at the EASD's workshop meeting last Thursday to protest the new gag rule declared by school board president Pat Fisher, backed up by EASD solicitor Alan McFall--who had no excuse for giving bad legal advice, as he was reading directly from a print-out of the PA Sunshine Laws--as well as veteran school board member Pat Vulcano. The solicitor's fallacious reasoning is that no "deliberation" was taking place, because no vote was

taking place, and yet everything being discussed is to be voted on in this week's upcoming meeting. 


For the record, here is the definition of 'deliberation' according to PA Sunshine Act Section 703: "The discussion of agency business held for the purpose of making a decision."


As you can hear in the video, Troy speaks up at the very beginning, and what you can't see (because the cameraman refused to turn the camera on Troy) is that a security guard escorts him back to his seat. 


From 56:00 - 1:03 Jen Holzberger questions the difference between  "discussion" and "deliberation" and questions whether what the board is doing is even legal.


At 1:40:15, Larry Porter takes the mic and asks, "At what point does discussion, questions, concerns and dialogue become 'deliberation'?" The ensuing conversation is either hilarious or maddening depending on what mood you're in. Kerri Leonard-Ellison and Jen Holzberger both make it clear that no vote among council was ever taken, and that they are totally against shutting out public comment.


Don't miss the fireworks this Thursday, 6pm at the Easton Area Education Center, 1801 Bushkill Drive, for Round II of Citizens vs. Pat Fisher--or should I say, EASD vs. Sunshine?


Chapter 7 of the PA Sunshine Act, the chapter on open meetings and public participation, makes it very clear that not only are citizens entitled to public comment at ALL public meetings, but that for the board to silence Troy and Larry was also in complete violation of the law, as the law as Section 710.1(c) clearly states: "Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision."


PA Sunshine Act Section 714 also states: "Any member of any agency who participates in a meeting with the intent and purpose by that member of violating this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $100 plus costs of prosecution."


So at the very least, Pat Fisher, Alan McFall, and Pat Vulcano owe the public an apology, and should pay a $100 fine each.


And you thought the excitement of school board meetings would end with the firing of 72 teachers and administrator's giving themselves a raise? See you Thursday!