QCSD Board Repeatedly Ignores State Law

The Free Press    February 15, 2007

First came unannounced surveys. Then unannounced meetings. Two QCSD directors are furious. And now it appears that our school board has been ignoring state law for years.

It all started January 30 when, with no prior notice to the community, or even to all board members, some directors called a private executive session to discuss an email sent by member Paul Stepanoff to Acting Superintendent Dr. David Landis. It concerned the now-infamous letter from head of guidance Mary Bogle to the Math Task Force. Stepanoff said, in part:

"Writing a public letter, such as Ms. Bogle did, goes beyond a passionate comment or even a private e-mail exchange. She has staked out her position in public and it is clearly closed minded...Her words, if they end up in the public domain...will taint the task force and the entire administration/district, if nothing is done....I'm hoping you can have a private discussion with Bogle to get this cleaned up, otherwise we risk that it gets addressed in public...Until this occurs, her presence on the task force is tainting the objectiveness of the entire task force."

Though Stepanoff was not at the executive session, the board proceeded anyway. But rather than dealing with Bogle, they turned on Stepanoff. He says that President Kelly Van Valkenberg told him that the board would be releasing his email to Bogle. Stepanoff didn't really care, but he objected to the board excluding him, and then making a decision in a private meeting. State law requires that all board actions be taken in public. He told her that he would reveal the board's conduct.

Another executive session to address the issue was set for February fifth. Members then received an e-mail changing the date to February 7, to discuss "personnel". Stepanoff, and fellow board member Manuel Alfonso, were angry at this whole secret process. Even worse, I found on the district's own website that for years their executive sessions have apparently violated the Sunshine Act, keeping important public information from you. Here's how:

Pennsylvania's Commonwealth Court summed up the Sunshine Act requirements: "The reason given, of course, must be meaningful. It must be more than some generalized term which in reality tells the public nothing. To simply say 'personnel matters' tells nothing. The reason stated must be of sufficient specificity to inform those present that there is, in reality, a specific, discrete matter or area which the board had determined should be discussed in executive session. When a board chairman tells a citizen he may not hear the board discuss certain business, he is taking liberties with the rights of that citizen, and the reason given for this interference must be genuine and meaningful, and one the citizen can understand. To permit generalized fluff would frustrate the very purpose of the Act."

But since January, 2005, board minutes show 29 executive sessions - all identified in exactly the way that state law forbids: Fifteen stated merely "personnel". Six were labeled "legal matter". One "negotiation". One "real estate". There was no reason at all given for six! We have absolutely no record of what occurred in 29 board meetings at a time when teacher salaries, tax increases, budgets, surveys, and Integrated Math were controversial topics.

Melissa Melewsky, the attorney for the Pennsylvania Newspaper Association who regularly deals with Sunshine Law issues, warned "Any action taken as a result of the executive sessions could be challenged in court. The court could negate any official action taken in violation of the act. Individual board members are also subject to summary offense charges for violations of the act."

The law on executive sessions also states that they may be called to deal with certain problems involving "employed" or "appointed" individuals. There is no provision to address a fellow elected official, as QCSD directors apparently planned to do.

I visited the board at their February 7 secret session, and "reminded" them of the laws. Apparently it had an effect. Faced with exposure, they backed off of Stepanoff, and officially reported "personnel matters related to an employee's request for documents". Questionable, but at least its a start.

Woglom's a Leopard

Where do borough managers go after being caught approving over a million dollars in illegal contracts? To Lafayette College! Former Quakertown manager Dave Woglom has returned to his alma mater, employed in the Meyner Center for the Study of State and Local Governments. Can this Leopard really change his spots?

Meanwhile, council is rehiring Woglom to complete paperwork for a borough loan. His best buddy on council, Special Favors Williams, tried to portray Wogom as a hero. But SF's timing only made him sound foolish:

When police chief Scott McElree was named Qtown's new manager, other councilmen praised his dedication to this town. He will do both jobs for $100,000, incredibly cheap since he was getting about $85,000 as chief alone. But Williams chose to publicly praise Woglom for "coming back to help us" for "only $75 per hour" because "Dave loves Quakertown". More like "Dave loves Qtown pay". $75 per hour would be $156,000 per year.

Vic Stevens Loses Lawsuit

Vic Stevens has one less lawsuit to worry about. The unsuccessful 2005 candidate for Richland supervisor filed an action back in July, 2004, against eleven people formerly connected with The Main Street Theater. The Pennsylvania Superior Court has dismissed the suit - for the third time. The judges ruled that Stevens "blatantly disregarded procedure", "improperly claimed" the date of a court order, and raised "several allegations of error, all of which we find to be without merit".

Stevens is currently suing the man who defeated him, Craig Staats, plus Staats' campaign manager and treasurer. He also filed papers threatening to sue The Free Press, and me, but has never disclosed his reason.

Where was Wilsey?

Last week's letter to the editor from Sue Wilsey demanded to know where I got the information that her husband, Dave, had missed "five of 11 recent (Quakertown) council meetings". This one is so easy that even a councilman can do it. Just go to the borough's website (Quakertownboro.com), click on the link for Borough Council Meeting Minutes, and then read March, June, July, and December, 2006, and January, 2007. On each is noted "Councilman Wilsey - absent".