Keith Knauss Sent a letter to the members of the Lower Merion School Directors (dated December 5) telling them that over the last several years they have consistently violated the Pennsylvania Sunsine Act.
Knauss cited the following examples of what he considers to be violatons of the Sunshine Act.
- At the November 2021 board meeting Mr. Roos gave the following reason (videotape time 1:01:58) for holding an executive session. “Yes. The board met in executive session tonight regarding the various land use litigation matters pending.”
- At the October 2021 board meeting Mr. Roos [Kenneth Roos is Counsel to the Lower Merion School District.] gave the follow reasons (videotape time 1:40:05) for holding executive sessions. “The board met in executive session last Monday evening October 11th to discuss Right to Know litigation. The board met tonight in executive session to discuss a federal court litigation matter and also to discuss a land development matter which was Arnold Field.”
He notes that “In both examples Mr Roos mentions ‘litigation’ but fails to disclose the names of the parties, the docket number of the cases and the courts in which the cases are filed. For instance, there are two active federal cases in the United States District Court, Eastern District of Pennsylvania. Which one was discussed in the October executive session?
2:20-cv-01416-KSM J.L. et al v. LOWER MERION SCHOOL DISTRICT filed 03/12/20
2:20-cv-03536-GEKP JACKSON v. LOWER MERION SCHOOL DISTRICT filed 07/16/20.
In addition, the board should understand that a “land development matter” is not one of the six valid reasons for an executive session and that discussion should have been held at a regular public board meeting.
Keith Knauss is a former school director and finance committee chairman of the Unionville Chadds Ford District. He is an advocate for government transparency.
I’m wondering if a couple words make a technical allowance for discussion of items above and beyond the 7 listed for executive session. The actual Act states we can meet “for one or more of the following reasons.” Can “or more” be interpreted to mean a different and singular reason altogether, or that it has to be at least 1 of the 7, or what exactly? .
§ 708. Executive sessions.
(a) Purpose.–An agency may hold an executive session for one or more of the following reasons:
Are you saying that what language actually means is “including, but not limited to?”