On Wednesday, I received an email (copied in its entirety below) from NASD Superintendent Vic Lesky, Ed.D. While I had contacted the seven board members, I had not contacted the Superintendent or Solicitor prior to writing the previous post (read it here) on the potential Sunshine Law Violation raised by School Director Tom Maher.
While I did question what could have been discussed regarding the pool that was covered by the sunshine law, it was a board member who raised the question of violating it, not me.
Dr. Lesky's response is predicated on counsel's interpretation of the sunshine law. In fair disclosure, I've known and been friends with the solicitor and his family for as long as I can remember. Having said that, what we learned this summer with Borough Council is that the accuracy of the interpretation, in the end, can only be decided by a court. By this, I'm not saying that it is right or wrong (I'm not an attorney and don't plan on arguing any of them in court any time soon), only that it is right until proven (if that is the case) wrong in court.
Putting the solicitor's approval aside, I was also interested by the statement regarding 'contractual obligations' the Board would face 'concerning the construction of a pool as an alternate in the Middle School project'.
This says to me that we have contracts in place that would be affected by the construction of a pool of our own. Again, I'm no attorney, so maybe someone has another interpretation of this, that makes more sense, but the only thing I can imagine is Nazareth's contract for the swim team. If this would extend into the time when the new pool, if it were constructed, were opened, the NASD may be contractually bound to pay out the balance of the contract without ever using the alternate facility.
This amount would seem to be insignificant in the scope of the pool itself and it doesn't seem consistent with Mr. Maher's statement that, "alternatives for handling the pool decision were being proposed."
Having said that, here is the email I received:
Ross
Mr. Moritz was in attendance and approved the information I gave to the Board concerning the contractual obligations they would be facing concerning the construction of a pool as an alternate in the Middle School project. There was no questions asked, discussions held, or decisions made concerning the pool. The Board listened to community input during the Act 34 hearing and any discussion regarding the pool will take place at the regularly scheduled public board meetings. This Board has been very diligent in its observing sunshine regulations. For the public to have an impression that this Board diregards the sunshiine laws would definitely be unfair to them as individuals or as a Board.
Thanks for your concern
Vic Lesky
Victor D. Lesky, Ed.D.
Superintendent of Schools
Nazareth Area School District
3 comments:
Sounds like a fair and reasonable explaination. At the proposed expense and tax increase this is all going to the voters anyway, IIRC.
Trifster-
What are you referring to when you state "this is all going to the voters anyway"? If it's the new MS and all that goes along with it, you are incorrect.
At previous board meetings and even at the Act 34 meeting, it was suggested that the Natatorium be put to a referendum (to let the voters decide), but I don't recall any movement towards that end.
The following are the reasons an executive session can be held. Often times, the general use of possible legal action is used but it must be a REAL legal issue, not maybe there could be one. You decide if Vic's explanation is real or just damage control.
1) To discuss any matter involving the employment, appointment, termination of employment,etc.
2) To hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.
(3) To consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease such property is obtained if the agreement is obtained directly without an option.
(4) To consult with its attorney or other professional advisor regarding information or strategy in connection with
litigation or with issues on which identifiable complaints are expected to be filed.
(5) To review and discuss agency business which, if conducted in public, would violate a lawful privilege or lead
to the disclosure of information or confidentiality protected by law, including matters related to the initiation and
conduct of investigations of possible or certain violations of the law and quasi-judicial deliberations.
(6) For duly constituted committees of a board or council of trustees of a State-owned, State-aided or State-related college or university or community college or of the Board of Governors of the State System of Higher Education to discuss matters of academic admission or standings.
Post a Comment