Penn State’s Board of Trustees claims a legal exception allows some of its most influential leaders to meet regularly in private. Media law lawyers say the practice might violate Pennsylvania law.
— have trustee executive committees that post public meeting minutes. Pennsylvania’s state-related universities are independently governed but receive some state funding.makes available the minutes of its executive committee meetingsShannon Harvey, the director of Penn State’s Office of the Board of Trustees, told Spotlight PA in an Aug. 17 email that the executive committee uses the conference provision to “review Board and committee agendas and for planning purposes.
Melissa Melewsky — media law counsel with the Pennsylvania NewsMedia Association, of which Spotlight PA is a member — said Penn State’s explanation was “inconsistent with the law.” If a committee is authorized to render advice to the board of trustees, even if that committee is not voting, then it must comply with the law, Melewksy said.
Harvey declined to explain why the board chooses to make this committee’s gatherings private. She also would not discuss how the executive committee’s ability to set agendas might influence the business of the full board or its other committees. Since then, the executive committee has continued to gather in private, with the full board voting in new members. The committee has gathered five times in 2022, according to information Harvey provided to Spotlight PA.
“In fact, it’s an opportunity to be incongruent with responsible governance, so I can’t support further additions to that committee,” said Fenchak, who was the lone vote that day against appointing a new member to the executive committee.have all held public meetings in 2022, with agendas and minutes posted online.
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