Ignorance or arrogance? That is the question. Why did QCSD Board President Linda Martin attempt to - again - hide discussions that, by law, should take place in public?
At the March 11 board meeting, one of the agenda topics was the looming pension crisis. Superintendent Dr. Lisa Andrejko stated that her administration was going to make a presentation to the board on recommendations regarding the pension program.
Director Paul Stepanoff, a frequent critic of the administration, objected. He pointed out that all of the administrators are part of the pension program, and stand to benefit from their own advice. He asked that the board consider having someone who is not in a conflict situation make the necessary recommendations.
Andrejko huffed that Stepanoff's suggestion offended her, her staff, and everyone else in the room. Perhaps she has forgotten prior conflict-of-interest brouhahas here: the McCain/Palin rally that she scuttled after promoting a visit by Bill Clinton; the incident where she ignored buddy Martin's improper political campaigning on school property; Business Manager Sylvia Lenz allowing busses into her own subdivision while prohibiting them in others.
Stepanoff asked her not to be offended, but continued that, even if she was, it did not change the fact that she was in a conflict situation regarding recommendations on the pension program. Andrejko was immediately rescued by pal Martin, who called for a private executive session.
Stepanoff explained: "Although I can't disclose what happened in the executive session, suffice to say that when the president was challenged to come up with a valid reason for the executive session, she couldn't. The board realized that the executive session was illegal, and a violation of the Sunshine Act. Most of the members simply walked away before the president had a chance to act."
After resuming the public meeting, Martin just moved on to the next agenda item, with no mention of the administration presentation, and no explanation of the secret session, as required by the Sunshine Act. Stepanoff "reminded" her of the law. Martin tersely announced that there had been an executive session, and tried once again to proceed without addressing her improper actions. Stepanoff interrupted a second time, with another "reminder" that the law required a public statement of the reason for the executive session. A frustrated Martin simply said it was held for "personnel reasons". An absolute lie.
Stepanoff later explained: "If there was a public record of what goes on in executive sessions, everyone would know that Martin's explanation of 'personnel reasons' was blatantly inaccurate. Rather than tell the truth that the executive session was called, then cancelled, because it was determined that the subject matter did not fall under the Sunshine Act exceptions, the board president chose to mischaracterize the reason for the executive session. It should have been reported that way to the public. Instead, the meeting minutes will probably indicate that we had an executive session for 'personnel reasons'. If this is the case, I plan on challenging the minutes and will try to have them corrected to indicate what actually occurred."
He concluded, "We need much stronger legislation to regulate executive sessions. The QCSD board routinely used executive sessions for purposes not allowed under the Sunshine Act, until a few members, including myself, challenged them, and threatened to disclose the violations. The result is that some board members accuse us of revealing 'confidential' materials that they improperly discussed in executive sessions. But that is the only way the public can learn about the Sunshine Act violations".
The PA House of Representatives overwhelmingly agrees with Stepanoff. On March 16, it passed House Bill 1324 by a vote of 172-24. The legislation provides tougher penalties for certain government agencies, including schools, which violate the Sunshine Act. Existing statutes are virtually meaningless - a $100 fine, which, stupidly, is reimbursed to the offenders from the school's funds. Taxpayers, who were screwed once by being denied any knowledge of what went on in the illegal meetings, got nailed again by being forced to foot the bill for the crime, while the perps got away scot free. A law made in QCSD heaven.
HB 1324, which still must clear the Senate, increases the fine to $1000 per person for a first offense, and $2000 for each subsequent violation. And, it requires that the fine be paid by the offending participants themselves, not by the community. This, in itself, would be a huge step in the right direction, especially in QCSD. If Martin, Andrejko, and other arrogant officials were hit with a few hefty fines, they might think twice about violating the law. But, not surprisingly in the world of edu-politics, there is a "but"...
School boards, and their powerful lobbyists, pushed for, and received, an amendment that allows secret meetings "to review and discuss plans related to school security, safety or emergency preparedness". And while it does indeed make sense that certain security and safety measures might be discussed in private, the amendment is a loophole as big as QCSD's budget deficit: there is no mechanism provided to determine exactly what is being kicked around in those allegedly safety-oriented meetings!
Perhaps only a cynic would suggest that QCSD, or any other school board, would claim to be meeting about security, and then throw in a few non-protected subjects, since everyone just happened to be in the same place at the same time - with no public, and no media. And, of course, who will define what "security" and "safety" mean? We have already seen Andrejko convene improper, unannounced secret meetings to discuss how to muzzle the press, and avoid the Sunshine Act. Martin wasn't even bright enough to concoct an excuse for her illegality. Perhaps such sessions would some day be termed "security" or "safety", especially if Martin or Andrejko were trying to obscure activities that would threaten the "security" and "safety" of their own positions.
Over the years I have chronicled dozens of illegal QCSD meetings, which dealt with subjects required to be discussed in public, or were not properly announced, or advertised. But there was virtually no remedy for the wrongs, and the school folks knew it. They acted with impunity, as did administrators and boards across the state. HB 1324 was designed to at least slow down this behavior. But the security/safety amendment has created, at best, another gray area.
The solution is simple, and with virtually no cost. Require any such meetings to be recorded, and the recordings saved, so in the event that someone from the public - or an honest board member - alleges that forbidden discussions took place, the proof would be readily available. Of course, such recordings would also protect all board members - and administrators - from untrue accusations. Every word would be available to a judge, who would determine if the law was being followed, without compromising "security" and "safety".
School Director Dean Wackerman gave voice to what many citizens probably think: "So much is done behind closed doors. The government will always find a way to do sleazy things no matter what laws are passed." But the primary deterrent to improper activities in QCSD has been the presence of board members who understand the law, and demand that it be followed. They make sure the public is informed, despite threats and smears from the administration, certain ethically-challenged directors, and anonymous bloggers.
If people like Linda Martin can't follow our laws, maybe they just shouldn't be directors.