Pennsylvania Right to Know Law

From the Altoona Mirror: The new Pennsylvania Open Records Law.

New law puts burden on government to seal records
By Walt Frank, wfrank@altoonamirror.com

» View the new law

The new year will bring a new way of open government in Pennsylvania.

A new Right to Know law will make it easier for the public to request and obtain public records, and places the onus on government agencies to justify why records shouldn't be released. It is a significant legal change from the state's current law, which leaves residents with the burden to justify their requests. In some cases, this burden has allowed government agencies such as school districts and municipalities to ignore public requests until an attorney is hired.

"The new law is based on the presumption of access. The old law did not. Previously, the person making the request had the burden to prove the item was a public record," said Teri Henning, general counsel for the Pennsylvania Newspaper Association. "Under the new law, all records are presumed to be public unless they are privileged, confidential by law or fall under an exemption under the Right to Know law."

The new legislation also creates the Office of Open Records to assist government officials and the public in complying with the changes.

Terry Mutchler, appointed by Gov. Ed Rendell as the office's first executive director, called this "one of the most significant changes in Pennsylvania law in the last 50 years as related to government access."

The law will force agencies to disclose all records beyond a list of exceptions, rather than the old law's narrow list of public records available.

Revising the Right to Know law became a cornerstone of the Legislature's reform agenda.

For the first time since the Right to Know Law was passed in 1957, it will include the General Assembly and will give citizens the ability to appeal open records disputes to an administrative agency, the Office of Open Records, without the need to file a court action.

The law guarantees access to public records in the possession of government contractors performing "governmental functions" on behalf of an agency, establishes an online, searchable database for state contract information and requires state affiliated universities to make certain financial information public.

The law also shortens agency response time - not to exceed five days under normal circumstances - and increases the civil penalties - up to $1,500 - that can be awarded against an agency acting in bad faith.

For example, community colleges, the Pennsylvania Interscholastic Athletic Association, the Pennsylvania Higher Education Assistance Agency and its related entities are now among the covered agencies.

A key element of the new law is the creation of the Office of Open Records, housed in the Department of Community and Economic Development.

The office will hear most open records appeals, hold hearings, issue orders and advisory opinions and provide training.

"My first role is to get the office up and running to do all the law requires. My other goal is to insure there is proper enforcement of the law," Mutchler said. "My role is to insure this office gets created to be a resource to citizens and government officials so everyone is ready to play ball here once it is set up. My role will be to enforce the Right to Know law, monitor and handle the appeals."

Although local municipalities and school districts say they receive few, if any, requests for public records, Mutchler said those numbers are likely to increase under the new law which now allows requests to be submitted by e-mail.

"Come January, I expect they will see a significant increase around the state as people test the law. Municipalities and school districts should anticipate the number of requests in the beginning from people who claim to be watchdogs will increase. After a while, it will go back to the normal routine," Mutchler said. "In the beginning, we may see more media requests than before. Once they take it out for a test drive, it will go back to the citizens requesting information about their government."

Henning isn't sure what to expect.

"People who are interested will continue to seek reports. It is possible there could be an increase in the number of requests made," Henning said.

Local officials aren't expecting a significant increase in requests but may receive more than usual after the new provisions take effect.

"I wouldn't expect an onslaught. There may be a few more out of curiosity. I may get a few more requests because it is newly implemented, but I don't expect an onslaught," said Brian Toth, superintendent of the Bellwood-Antis School District. "Now, if we get one a year, it's stretching it."

"There may be some more initially. I don't really expect it to be massive. At least in this region, it won't be inundating us," said Mary Beth Whited, Penn Cambria's superintendent.

Jeff Westover, business manager and board secretary for the Glendale School District, doesn't expect to see an increase in the number of requests.

"It may peak some interest for a little bit, but people know they can come in and get what they want. It is not a big deal in our district," Westover said.

"I think that anyone who has an interest in a specific item, that individual will certainly seek out that information,'' said Joe Macharola, Cambria Heights superintendent. "Do I anticipate a wealth of requests? No. Do I anticipate preparedness for those requests? Yes.''

Logan Township Manager Bonnie Lewis and Bruce Nicolls, interim superintendent of the Clearfield Area School District, aren't sure what to expect.

"From time to time, we have had requests. We always try to respond in a timely fashion. We have not had a great many. Sometimes they come in waves,'' Lewis said. "I have no gut feeling on what impact it may have on us, but we will be prepared.''

"I don't know if we will get more requests. I don't think we will,'' Nicolls said. "These requests are more need-driven than availability-driven. If someone really needs these, they will jump through the hoops if they need them. They won't just request them because they are more easily available. Most of us don't have the time to be that curious.''

Most of the 30 municipalities and school districts contacted don't expect to see much of a change in the number of requests, if any.

"I haven't received any requests for public records here and in Woodward Township for the past 10 years. Every once in a while, someone will request a meeting agenda,'' said Kim Caldwell, secretary for Beccaria and Woodward townships in Clearfield County. "I don't think that will change.''

"I am in my second term as a supervisor, and I have never had anybody ask for a public record,'' said Brian Weaver, chairman of the Liberty Township supervisors in Bedford County. "We occasionally get a question about our ordinances or building requirements, but as far as open records or anyone wanting to see our ledgers, no one has requested that.''

Everyone is gearing up for implementation of the new law. They say they have followed the law in the past and will continue to do so.

"To me, it is public information. It is the law and we will do what we need to do. People think school districts hide things. We have so many laws, rules and mandates it is hard to hide things. I want to be as transparent as possible,'' said Royce Boyd, superintendent of the Everett Area School District. "Certain people want certain information. If they want it, they will find a way to get it.''

"Anyone can come in and look. If they want a copy of the minutes, we have never withheld anything from anyone. Some [municipalities] give people a hard time; we have nothing to hide,'' said Vicki Harshbarger, secretary/treasurer of the Smithfield Township supervisors in Huntingdon County.

"Anyone who comes in or calls us can get anything they want, I don't think the new law will do anything. I guess there have been some places where it has been difficult to get what you sought, but I am not aware of anywhere around here,'' said Dan Penatzer, Ebensburg borough manager. "We complied with the law before and will comply with it now. What you want you will get - we don't have a lot of information people want.''

A goal of the law is to make it easy for people to get what they want and need, and Cambria Heights has been doing that, Macharola said.

"We have our minutes online. I also put on an executive summary. We do it as a courtesy, as a professional accounting of the business that is conducted here at Cambria Heights. I believe that's very helpful to our residents and for anyone who wants to know how we conduct our business. We want our information to be accessible to anyone.'' Macharola said. We won't conduct our business in any other way but to be in compliance with the law.''

Jim Foster, Juniata Valley School District superintendent, said requests for public records can be a nuisance.

"I would rather [people] come in and look through the books in person. It takes time out of our normal day. If they need it, that's fine. We will give them everything they need. We comply, what is public is public,'' Foster said.

If all goes as planned, the new law will be a benefit to Pennsylvanians.

"If the law works the way it is supposed to work, government at all levels will be stronger and better,'' Mutchler said.

Mutchler said between now and Jan. 1, she will be busy.

"We will be conducting training for the media, citizens and public officials. When they walk away, they will know what they need to do to be in compliance with the law. Citizens will know their rights,'' Mutchler said. "Our goal is to get everybody on the same page.''

Important reminder for tonight's meeting

Reminder to those attending tonight - the board is obligated to provide opportunity for public comment before making decisions on anything. Therefore if after tonight's public session there are significant new proposals or changes to the budget that have not been publicly discussed or advertised by the board, the public has the right to an opportunity for comment. Though we might expect that this will be stifled, you do have a right to stand and request to be heard. Take careful note of the response. Given the pattern of secrecy and the weight of tonight's decisions, be on the lookout for surprises - and assert your right to be heard!

Mother Bear

Not a Tony Winning Performance

The BCCT today again recognized that the Emperor is running a one man show. Unlike the folksy Mark Twain of Hal Holbrook, or the spot on Ebenezer Scrooge by Patrick Stewart, the world of William Hellmann, CPA, Emperor of Education, is far less entertaining. It is a dark and sinister place. His penchant for sharp and divisive activity, especially where none was needed, has been played out time after time.

"Let's speed this up." "Vote now." "I'm tired of all this." "Let's move on." "Your time is up." The schools director who is for the taxpayer. Isn't that a rather ironic slice of life? All through literature, we find the story of the guy on the wrong side of things. Through experiences, they find the right side, move over, and there's a happy ending. Not so here.

I do take issue with the use of the word virtuoso in the editorial below. The connotation of that word is rather exemplary, defining someone with exceptional and unique talents. We're all unique. It's what we do that is a moral issue. It is often an innocent progression, which leads unexpectedly to other, possible nasty, uses.

There's still a way out. A reader already suggested a way that the board members themselves can begin to clean up the mess quickly, quietly, and without a monetary cost.

I can't **RECALL** another way to handle this myself...

While I do not think that the Emperor is capital "E" Evil personified (think Hitler and Stalin), his obvious inability to work and play well with others is a small "e" evil that does need to be addressed.

"He who passively accepts evil is as much involved in it as he who helps to perpetrate it." - Martin Luther King Jr.

"Evil is nourished and grows by concealment." - Virgil

"The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke

"When you choose the lesser of two evils, always remember that it is still an evil." - Max Lerner

"Of two evils, choose neither." - Charles Haddon Spurgeon

One-man band
Multiple heads are better than one.

Morrisville school board President William Hellman is very smart and very capable. He thinks big and has lots of ideas.

Problem is he’s a one-man band. Nobody else on the board gets to play along. At least that’s the way it appears.

Thus, a stunning and divisive proposal to simply dissolve the high school and pay for students to be educated in other districts shows up as a formal proposal. No public debate by board members. No input from citizens.

Maybe Hellmann’s plan is the best thing for the struggling district, its overburdened taxpayers and, most importantly, the students. And maybe shutting the borough’s two elementary schools and uniting them at a renovated high school is a great solution, too — another of Hellman’s big ideas.

It’s just that other board members, as elected representatives of the people, and the people themselves, ought to be part of the planning process.

We strongly urge the borough’s virtuoso board president to share the spotlight.

Props to Kate Fratti!

I'd like to welcome our first time visitors courtesy of this mention in the BCCT from Kate Fratti.

Thanks for the mention, Kate. Some days this blog can appear very critical and sarcastic. It's difficult not to be considering how things are going in this little town and some of the material I have to work with. But just like your own column and blog, sometimes there are good days, and sometimes there are bad. It's not easy writing every day. I do appreciate the commenters and contributors here immensely. Their participation keeps me grounded. Most of them are not supporters of the current board, but some are. There's quite a number of emails that I receive, and not all of them get posted. There's a growing number of people who are disgusted with the old board, and equally disgusted with the new board (yes, even people who voted for them!) who want a change for the better.

You bring up a good point about how the rhetoric can cause defensive reactions. This is pretty much the way the American political system works. Two polarizing minorities stir things up and it's up to the undecided central majority to make their decisions. When that silent majority finally does stand up, I would be pleased to lay down my digital quill pen. And in the meantime, if my modest attempt at blogging gets these people out of their living rooms and out to a school board or borough council meeting, then I'm a success.

4.18.2008
Funny but not helpful

Ok, the keepers of a blog called Save the Morrisville School are pretty funny some days. That is if bitter sarcasm is your thing. This week they doctored an aerial view of the home of school board member Brenda Worob with the words “Secret meeting” and arrows pointing to the house.

savethemorrisvilleschool.blogspot.com

This after the Worobs hosted a gathering of school board members — never more than four at a time to avoid a quorum — and insisted no school business was addressed. Hard to believe, says the Save the Morrisville School bloggers. I’m with them on this one.

Still, they are the bunch that got their arses handed to them last election after pressing forward with school plans despite public outcry. We’re witnessing the backlash.

The new board majority not only blocked construction, but looks like it’s making moves to do away with the school system entirely. Again, with a deaf ear to the community who didn’t want a new school, but also didn’t want the 116 year old system to fail on its watch.

So far, efforts to farm students out to other districts has failed. Not only because no other district is interested, but because a teachers contract protects against lay-offs and furloughs for five years.

Some days it appears to me the new board leaders have agreed to just kill the system slowly. No big moves, just constant chipping away at budgets, morale, reputation.

Stealth meetings, secret hirings, requests for personal information about kids that’s going to get them sued. All in the name of cost cutting.

Regular folks seem to have given up. Those still playing the insider baseball — the Save the Schools organizers — keep up a steady string of insults, fun making and delighting in the “gotchas!”

The rhetoric doesn’t leave any room for compromise, just backs everyone into defense mode.

Nothing will change in Morrisville until that does, or until the majority of Morrisville residents stand up and demand, “Enough, already!”

So far, that majority remains silent.

BCCT and Emperor Spar

Today's BCCT carries a double shot of goodness today. First is the editorial that blasts the Stop the School "open and transparent" board members for their lack of openess and transparency.

The second is a guest opinion printing the statement that the Emperor read at a recent meeting.

We report, you decide.

Secret society: Unschooled board
Morrisville school board members are pursuing unpublicized agendas at private locations with little regard for the public’s right to know.

Officially, Bill Hellmann and the new majority on the Morrisville school board were given power by the people who voted them into office. Unfortunately, the people have been kept in the dark as the board routinely conducts business not only behind closed doors — but behind private closed doors.

As Courier Times columnist Kate Fratti reported, school board members are beating the state Sunshine Law’s quorum stipulation by meeting tag-team style at private locations. Sunday, it was at board member Brenda Worub’s home. Four of nine board members acknowledged being present at one time. A fifth attended earlier, but left before others arrived.

Questioned about the propriety of the secret meeting, Hellmann dismissed it as an issue: “I’m not sure there is anything to comment on. This is a gathering of friends, some of whom … happen to be on the school board. … We will continue to meet with each other, mindful of the law, whenever we wish.”

We’re not sure what Hellmann means by “mindful of the law,’’ but the tag-team meetings suggest a focus on the letter of the law rather than its spirit. In the process, the requirement that elected officials keep the public informed seems to have been forgotten, if not ignored.

Dedicated to undoing plans to build a new $30 million K-12 school, Hellmann and his supporters on the board have routinely worked behind the scenes since his anti-new school majority took over in January. But beyond stopping construction, the board apparently wants to scrap its high school program altogether — without any public input.

In her Monday column, Fratti reminded us of a string of backroom decisions, beginning with the board secretly contacting other districts about taking Morrisville High School kids on a tuition basis. Also secretly, engineers were asked to review conditions at all three borough schools. Now, the school district solicitor attorney who protested the secret hiring is expected to be replaced at the next board meeting. Hellmann originally directed that resumes for a new attorney be sent to his private office rather than the school district.

Bill Hellmann is a smart man. There’s no doubt about that. He’s a certified public accountant and in the Guest Opinion below, Hellmann confronts some of the criticism he’s faced. But there are matters he doesn’t address, including his recent demand — so far unfulfilled — that administrators reveal the names and addresses of special education students. Hellmann recently has preached the need to control the costs of special education.

The cost of special education is a common complaint among school officials. But Hellmann’s demand for the identities of students and their addresses is, well, frightening.

In our view, this unschooled board needs to learn some respect for the public’s right to know. Meanwhile, we encourage citizens — the parents of students, in particular — to stand up for their rights.


Cost of dissolving school bond debt pales next to savings

Regarding the recent Courier Times editorial, “Costly lessons,” as it pertains to the Morrisville School District. The article stated that the K-12 building project should have gone to a referendum. I agree with this statement and spoke several times at public meetings, imploring the prior board majority to do just that. They ignored me and many other people on this issue.

There was overwhelming opposition to this project and bond issue and it was emphatically proved at the polls in May 2007 and again in November 2007. I strongly disagree that our school buildings, at least the high school, are in awful condition. The high school needs some renovation and upgrades only. The school district is in the process of doing an evaluation of the school buildings.

I do not believe that we can build a quality K-12 school for $30 million. The Philadelphia Archdiocese plans to build two new high schools in our area, at a size not much larger than our planned school building but at a cost of $65 million each. I believe I was elected, in part, to help the school district provide a quality education for our children at a cost the community can afford.

The following is an explanation of dissolving the debt and how much was saved:

That the school district had to put up more than $24.4 million to dissolve $22 million proves how expensive the original bond issue was. But we also received an extra $1.67 million in bond premium with the original issue. There is no free lunch; this had to be paid back. This present board did not issue this expensive debt. The prior board majority issued this expensive debt. This bond issue has a 10-year call, which means we have to pay interest to the bondholders for 10 years whether we like it or not.

This is a long time and expensive. The prior majority board was told many times by this town not to issue this expensive debt. In fact, there was a citizen lawsuit to try to stop this expensive debt issue. We have no control over current interest rates. I, for one, am not going to play the interest rate game with public funds. If this was my money, maybe I would gamble, but not with public funds. We have to cut our losses and move forward.

Since the new school is not going to be built, IRS regulations require this debt to be dissolved within a certain time period — I believe three years from date of issue. We have to give it back. I believe this community elected the new board members to help the school district bring back fiscal and operational order. Eighty-five percent of the bond proceeds need to be spent within three years of issuance.

This partial dissolution freed up approximately $1.2 million in the current budget of the general fund. These funds can be used for more upgrades, a possible tax reduction for the ’08-’09 budget year or other items the board decides upon. We also plugged a probable $400,000 budget hole in the ’08-’09 budget. We also reduced the millage for the ’08-’09 budget year by approximately 7 mills. We also saved future tax millage by partially defeating this debt. We also probably saved (depending on current interest rates) approximately $460,000 (the difference between what we have to pay bondholders vs. what we would earn ($1.3 million vs. $855,000).

In summary, we saved $12.6 million in future interest costs by dissolving this $22 million in bonded debt. The bond premium money mentioned above in the amount of nearly $1.7 million, plus the nearly $1.2 million sitting in the general fond equals almost $2.9 million. This is more than the $2.4 million that was put up as extra money to dissolve the $22 million bond.

Disclosure of the bond dissolution was first made at a committee meeting back around Dec. 17. Another analysis was included in the board packet in January before the Jan. 30 vote. I am only one board member. We have nine members all together. If there were any questions on the dissolution, I would hope any board members would have asked our financial advisor or our bond attorney prior to or at the Jan. 30 public meeting.

Bill Hellmann
is president of the Morrisville school board and is a certified public accountant.

Keeping the public at bay in Morrisville

Kate Fratti has a column in the BCCT today looking at the SHHHHHH...*secret meeting* from last Sunday.

So here's another documented time when these yokels refuse to follow standard public meeting procedure and hide away from the public here in Morrisville.

They hid the Hellmann Report (although the Emperor did that more on his own, his accomplices backed him up. Accomplices are held equally accountable in the eyes of the law.); they hid the farming scheme; they hid any discussions or contacts with Delaware Valley High School. Now they're hiding their opposition to the special education kids. Maybe they want to farm them out too? Who knows? The Emperor never wants to tell us what silly stuff he's thinking about.

Our rights to free and open deliberations by our governmental representatives are being violated. Speak up and tell them you will not allow this to continue! *THEM* means all of this immoral majority. Despite the obvious imperial performance by William Hellmann, CPA, he cannot do this without accomplices: "Angry" Al Radosti, Marlys "Minutes take Months" Mihok, Brenda "Two for One" Worob, Bill "Honest Talker" Farrell, and Gloria "Do What Bill Says" Heater.

Look below and see about the emails going to Hellmann's private email address. This is another example of this board's skirting of laws and not leaving a public record. In the U.S. government, the checks and balances are there, and a House of Representatives Government Oversight committee is functioning. In this situation, YOU, the public, is the oversight.

If you don't speak up now, don't complain when they ignore you too.

Keeping the public at bay in Morrisville

I was muttering about open meeting laws again last week after getting off the phone with a caller who alleged Morrisville’s majority school board members were set to meet secretly on a recent Sunday.

He gave me the time, the address, and a tip about the agenda — a sexual harassment complaint by one worker against another.

Just what this little district needs: more controversy.

The board majority elected to block high school construction appears to want to do away with the high school program entirely. Without public deliberation, the majority contacted other schools about taking Morrisville kids on a tuition basis. Next, a Philadelphia outfit offered to privatize the high school. No public discussion about that either, so there’s no way to know where the offer stands.

Also without public debate, the board contracted with engineers for a cursory review of conditions in all three district schools. This, instead of the more thorough review and renovation action plan the board unanimously voted on in December.

We learn this month that the solicitor who protested the secret hiring and insisted on a public vote after the fact to “clean this up,” is expected to be replaced as early as the next school board meeting. Originally, school board President Bill Hellmann asked that all resumes for the job be sent to his private certified public accounting office instead of the school administration building.

And recently, the American Civil Liberties Union expressed interest in Morrisville schools. Why?

Here’s a clue.

Saying special ed costs must be controlled, Hellmann acknowledged he asked for the names and addresses of all special educations students, along with the services they receive and the individual cost for each child. Hellman said he’d settle for knowing whether each child lives in a house or an apartment if he can’t have names and addresses.

That kind of stuff will perk up the ACLU’s ears.

A week ago Sunday, I drove by the address my caller gave me — the home of school board member Brenda Worob and husband Stephen, a borough councilman.

The house was gaily decorated with patriotic buntings. An American flag was flapping at the front door. Surely the caller was mistaken.

But, I’ll be darned. I wrote down the makes of several cars to match them with board members later.

But I needn’t have been so Brenda Starr.

Hellmann conceded to Sunday’s gathering as soon as I asked him about it. No sleuthing needed.

“I’m not sure what there is to comment on,” he said, since there was never a quorum Sunday.

“This was a gathering of friends, some of whom — never more than four school board members — happen to be on the school board. … We will continue to meet with each other, mindful of the law, whenever we wish.”

Although five school board members were at the Worob home Sunday afternoon — Worob, Hellmann, Marlys Mihok, Bill Farrell and Al Radosti (who left before some others arrived) — we are asked to believe no specific school business was discussed.

That harassment complaint? There was one. It was brought to the full board’s attention at a legal executive session after the agenda meeting.

“The way I see it, we have to do just three things,” Hellmann told me after that executive session. “We have to provide students with an education, to do it in a way that is affordable, and to follow the law.”

Patriotic buntings aside, I think he refers to the letter of the law, not necessarily the spirit.

Kate Fratti, whose column appears on Monday, Wednesday and Friday, suspects that once this board concedes to deliberate all matters in public, they’ll do it in pig Latin.
Editor: Carl LaVO, 215-949-4227 clavo@phillyBurbs.com

Agenda Meeting Wrapup

Any comments?

We Need Good Information

We sure do. It's good to see that even die-hard supporters of the Emperor see the need for good information. So, Bully-Boy...are you listening? Your supporters want good information. The parents want good information. When is it coming?

We need good information

I attended the Morrisville school board meeting on Jan.23. I'll admit it was an emotional meeting. Board President Bill Hellmann had every right to invoke the 45-minute public comment session. If my memory serves me correctly, it was the past school board that voted for this rule.

Fifteen people spoke, 12 of whom basically said the same thing: “Do not do away with the school.” One person, Diane Hughes, was the only person who gave vital information to the board and audience, whom I presume was not listening.

She suggested that we should contact our state representatives to have a bill passed to eliminate the property tax and replace it with a larger sales tax. This could eliminate our financial problem and busing the students would be a thing of the past

What we need is true, basic information, not hearsay or rumors, so we can make a good decision.

Bill Minder

Morrisville

Coronation Day

The Emperor was formally crowned by the BCCT today in an editorial.

Morrisville's monarchy

William Hellman was elected school board president in Morrisville, not king. We mention this because of Hellman's penchant for one-man rule.

For example, at last week's school board meeting Hellman asked the board to approve and pay for an engineering study of Morrisville High School. Not that board members had much choice. The study was completed — at Hellman's direction and without board input, meaning without board approval.

All that was left for the board to consider was the bill.

Now, $2,500 isn't a big deal, not for school boards that routinely deal in millions of dollars. The big deal is a freelancing school board president who doesn't seem to understand his role or the law — and doesn't seem to care.

Said Hellman when asked why he didn't include the board in the engineering study decision: “That's minor. I'm not going to comment on that.”

That's arrogant and unacceptable.

Making decisions behind the board's and public's back isn't minor. It's major.

It's a violation of the public trust, probably school board policy and possibly the law. And citizens shouldn't stand for it.

We'd like to think that the school board won't stand for it either, but most members are in Hellman's corner on the big issue facing the board — undoing the $30 million plan to build a new K-12 school.

With the undoing largely done, the board now has to figure out what it will cost to renovate the high school or if the district even plans to retain a high school. As these issues move forward, we implore board members to work openly — and together.

Kate Fratti Nails It!

Kate Fratti talks about Wednesday evening's school board meeting in her column today. She also had a late blog entry last night on Superintendent Yonson and Business Administrator Dunford, two outstanding women who have been harried, harassed, bullied, and excluded by "The People's Board". She also mentions Delaware Valley High School in Philly, a possible pasture for the farmed MHS students. Check out the Google map! Four locations nearby to serve you! Only a short bus ride down Route 1/Roosevelt Boulevard in rush hour traffic.

Kate: Thank you! For way too long, too many small minded hypocritical people have been at work in much of Morrisville, and it's nice to see the rock lifted off of some of them to see exactly how they work.

The "People's Board" is nothing of the kind. The people are left out in secrecy and back room deals for board member buddies, cronies, and contacts.

It may not be Tom Cruise who is the school board's "Top Gun", but Emperor William "Maverick" Hellmann CPA is. He loves rules...sit down, shut up...but when the rules apply to him? "Rules? We don't need no stinkin' rules!" I wonder if he says that to the IRS when one of his clients is audited?

You all know that if the board had voted to table the $2500 payment, then defeasement would have failed, right? That's why the Emperor was emphatic in his continued less than sotto-voce "NO" as the tabling question continued to be called. Without a payment, there was no report. Without a report, there was no defeasement.

Have you read the Hellmann Report? It tells us NOTHING that we did not already know. The "inspection" was also a sham. It was not an "inspection" (think white-gloved Marine master sergeant) but a "tour" (think a stroll through the park). The list of what they didn't do is impressive.



I would hope that even some of the Q are embarrassed by the Emperor's activities to date.

Kate Fratti also makes one more mention in her column. It's about halfway through where the Hellmann supporters say he's a decent man so immersed in the business world that he doesn't understand democratic government. Let me get this straight...Hellmann, who was the elected Morrisville borough controller, doesn't understand government? Maybe someone should be independently auditing the books on Union Street as well as on Palmer Avenue.

Defeasement, Part III

Like all good trilogies, the third part marks the end. Tonight, the school board will defease the bond. I expect that they will not exercise their prerogative of review and simply follow through on this, thereby fulfilling a campaign promise. It's OK if you believe that's the right thing to do. I not sure if it is right or wrong just yet. I have not seen enough review on the subject to be sure.

ADDITION: The BCCT writes about this today. Also, if you want to speak before the Emperor and Hellman's Heroes, you need to be one of the first fifteen lucky participants.

The Federal Reserve will probably be cutting the interest rates another quarter to half percent today following last week's emergency rate cut of three quarter percent. This defeasement is getting really expensive. I'd like to see the due diligence that the board performed on this defeasement, but I do not expect them to share it with the public, if they did it at all.

We're handing back $24 million dollars and keeping around $6 million, (UPDATE Jan 30, defease 23 and keep 7) according to the latest estimates. The problem is that the 2005 feasibility study suggested that renovating the high school alone was at least $13 million. Where is this extra tax money coming from when it's needed? And it will be needed.

The board is acting recklessly. They are rushing toward this in secrecy without thinking through the intended consequences, let alone the unintended ones.

Even if you generally support the new board...even if you voted against the school...even if you think (or know) that your taxes are too high...step back for a moment and think about the process. This is a one shot deal. There is no going back. Do you believe that the board has done their homework for this assignment? I do not. They need to table this resolution and consult with the money people and the public to ensure that it's done right.

Free Form Friday

Plenty to read today in the BCCT. Angry Al, Kate Fratti's column, and the Gateway project are all hot topics. There's also the body slam applied by the BCCT to Hellmann's Heroes. It's too good to pass up posting it below.

Also thanks to the anonymous graphic artist. :)

Do you have anything to add?

No more secrecy

More than a hundred people jammed Wednesday's Morrisville school board meeting. Probably half of them wanted to be heard. After all, the board was meeting just days after it leaked out that members were secretly considering shutting down the borough's 116-year-old high school program, and that Morrisville kids were being shopped around to other school districts.

Hey, if you take 'em, we'll pay you!

No wonder people stormed the meeting. But rather than patiently listening to folks who wanted to be heard — every one of them, as the board should have — board President William Hellmann invoked a rule to limit public participation. He allowed only 15 citizens to sign up to speak. And he gave them just three minutes each to be heard — 45 minutes total.

And he wouldn't budge.

Nice way for a community leader to treat the people he's supposed to be serving. But folks didn't just lose an opportunity to vent, an opportunity they deserved. The board squandered the possibility that citizens might have had some practical suggestions.

Maybe board members don't realize it, but they don't know everything.

Indeed, this arrogant bunch has little consideration for anybody who disagrees with them. By law, the school closure/student exportation discussion should have been held publicly. Instead, it occurred behind closed doors. And if Hellman gets his way, the general public will continue to be shut out.

Hellman promised at Wednesday's meeting that no decision will be made without a referendum. We're glad to hear that. We weren't happy to hear there will be more closed doors — and neither should residents. We refer to a meeting the board president intends to organize between board members and a select group of citizens, students and teachers. The plan is to brainstorm ideas and discuss options.

Better late than never.

Problem is, he intends to make it a so-called executive session, meaning the general public would be barred.

That's illegal. And Morrisville citizens shouldn't accept it.

Hellman clearly likes to set rules. But there are also rules that he must respect and follow. To that end, we suggest he review the Pennsylvania Sunshine Act.

And then, by all means, hold a meeting. In fact, hold a few. The school board should schedule as many meetings as it takes for every citizen, students included, to be heard.

Maybe no ideas will surface that are any better than the one the board was secretly pursuing. But at least the community will have been heard at open forums where input is invited. Then and only then should the board propose shutting down an institution that is part of what makes a community whole.

Smackdown at the MV Auditorium

Great show at the MHS auditorium last night. I haven't attended a board meeting in quite a while but figured I would join the fun. I'll link to any articles later.

1: Front Page - It is our future
2: Kate Fratti - Morrisville Needs Heroes

Want to go through the mental snapshots I took?

William Hellmann CPA: My God, what an arrogant SOB! He pointedly ignores the public comment, even to the point of not responding to it. He is dismissive with the other board members. His body language is very much outward facing negative. Bonus arrogance points for cutting off public comment, but just lay off Reba Dunford, would you? It's clear you don't like her, but the way you belittle her at every possible turn is just infantile. Bully-Boy reminds me of a cocky arrogant know-it-all can't-tell-me SOB currently living in Washington DC. By the way...what's all this with "I didn't get a chance to review this" stuff. Running a one man show beginning to get a little tiring? This isn't "Hellmann's Heroes". Turn in your Type A obsessive compulsive membership card at the door.

Angry Al: Yep. The name is back. Apparently Al's been using words he shouldn't be. Tsk, tsk. At least we know now why John Jordan, former board member and head of the Bucks NAACP asked to speak last night to ask for Angry Al's resignation. Don't think this one is going away too soon. Ed Bailey may be a board member yet.

Bill Farrell: Our dark horse winner from last night. The man described as Captain Algebra (and we're still a little uncertain on why that question was asked, but...) was the one seeking to put some peace and calm on a situation that's been brewing for years. I'm not certain it's at the point of bringing Begin and Sadat to the table at Camp David, but it's a positive development.

Gloria Heater: Please stop vigorously shaking your head in agreement whenever William Hellmann CPA speaks. It appears sycophantic. Or that your bobble-head needs readjustment.

Marlys Mihok: Still on the secrecy bandwagon I see. You wanted to have an executive session at the agenda session two weeks ago and the lawyer told you no, giving you the five explicit reasons available. Now you're going after Joe Kemp for allegedly releasing information from an executive session, and it wasn't him. Rule #1: Almost nothing in an executive session remains completely executively quiet. So stop trying to negotiate in secrecy (wasn't that one of your campaign promises?) and bring it out into the open for all to see and discuss. Reflect on Bill Farrell's remarks, would you?

All Nine Members: Shame on you for limiting the public comment. The "People's Board" doesn't want to hear from the people. More supreme arrogance. Tell you what guys...go back through your propaganda from the last few years, cross out that "Sandy Gibson", insert "William Hellmann CPA" and re-read it. That's what you looked like last night.

William Hellmann CPA, part II: You get extra special "creepy" points for trying to nickel and dime the special education positions. Unfunded and/or underfunded federal and state mandates are a fact of life. Special education needs are a fact of life. It took the superintendent, quite properly, noting that the board as individuals could be civilly liable yet again (see, you've got to listen and drop the know it all act) before the approval was grudgingly given. (I believe your vote was Yes, With Reservations, followed by Bill Farrell's vote of Yes, With No Reservations. Look. Listen. Learn.) But then there's this diatribe on how the town needs to watch where the money goes. It does, but the money and the numbers have a human face. They're called students.

The students: Kudos for even showing up, and that's not meant to be condescending. Your teen years are for hanging out with your friends, doing your homework and McJob, and preparing for life, not experiencing adults playing poorly with your future. But you showed up and did a commendable job. For the most part you were quiet and respectable and direct, and that goes a long way.

Morrisville Farming Plan: It's dead, all except for the official funeral. The board members botched this one pretty well. "Brainstorming" is collecting ideas. When you start acting upon them, it's not just brainstorming anymore. Calling around to other districts was the equivalent of Commissioner Gordon shining the Batlight on a cloud for all to see. The secrecy stuff does not work.

Bond Defeasment: We don't know what we want, how we're getting it, or how much it will cost, but we're getting rid of the bond. William Hellmann's buddy apparently needs the work after the rocky economic news so far for 2008. What's he getting anyway? Even a 1% management fee is some $24,000. The Six Million Dollar Shell sits there, patiently crumbling, er, waiting for someone, anyone to fix it. Even the board members are confused by this maneuver. Call them, write them, and be sure to attend the special meeting on January 30 to discuss it. Remember that the devil is in the details: Where are the engineer reports, the specs, the bids, the cost analysis, the due diligence?

M.R. Reiter and Grandview RIP: The shouts of "what about the other schools" were met with silence last night and here's why. Both those schools are in poor physical shape, especially Reiter. The stop the schoolers campaigned against a K-12 building because they didn't want those age ranges mixing. So, close the two elementary schools, make MHS a K-8 building, farm out grades 9-12 and we're done! Except that it's now looking like the Six Million Dollar Shell will be a K-12 building. One order of Karma Crow for the Stop the Schoolers, extra spicy!

Enough from this side of the monitor. Anyone else have anything to share?

Showdown at the MV Corral

Tonight is the night to give the school board a big fat red "F" in their performance. The meeting has been moved to the MHS auditorium, 7:30 P.M. If you want to speak, I understand that they are maneuvering, quite legally, using standing board policies and general annoyance tactics, to limit public speaking as much as possible. I suggested this last night and will suggest it again: Have two clean printed copies of your remarks available. If you don't get to talk because they cut you off, give one copy to the board secretary and the second to the BCCT reporter that will be there.

However, it's not just about the farm program. That's not even on the agenda, but please bring out your tar and pitchforks and let them know how you feel about that issue.

Tonight the bond defeasement will be taken up. After yesterday's emergency interest rate cut, William Hellmann CPA's money buddy will have to re-do the figures. This is the first step in the bankrupting of the school district.

Basically, the money goes in a long term account and earns interest to pay off the bondholders. We're holding on to some of that to pay for the Six Million Dollar Shell renovations.

This is a one shot deal. Once the money is gone, it's gone. Six million is not enough to do the job, no matter if the high school students stay or go. They have no studies showing this cost. They have no quotes even hinting at this cost. All they have is the word of their construction buddies. When was the last time you took your contractor, mechanic, or any other service provider at their word?

If you just watch the magicians as they make the money go and the taxes continue to rise without letting them know it's risky, then when your tax bill arrives, holler and scream at yourself. You're the one that let the school board do it to you.

The People Are Ticked!

Today I thought I would share the contents of the mailbag with everyone. Many people blind copied me on letters that were sent to the board members, the superintendent, and the Courier Times. A few did grant permission to publish excepts here and I appreciate their openness.

It appears that the people of Morrisville are generally cranky about this rather bizarre and underhanded desperation move by the Stop the School board members. Stop the School didn't mean Close the School.

Just a reminder: the next meeting is in the MHS LGI room on January 23, 2008 at 7:30 P.M. However, my Crystal Ball tells me a larger venue will be needed.

On to the mailbag...

Letter 1: I am firmly and vigorously against your plan to "Farm Out" our students to Conwell-Egan or to any religious based school. Any tax payer dollars going to a religious based institution is a violation of the US Constitution.

I am a Roman Catholic, a taxpayer, and a parent; but I am an American first, and I believe that this scheme is nothing but an attempt to starve the Morrisville School District out of existence.

Letter 2: Oh and this point: We are the candidates that pledge to work together with the parents and residents, in an open and honest partnership in the best interest of our children’s education. Where was the working together with parents and residents when deciding to farm out the children? Perhaps PLEDGE means something different to me….again I must check the dictionary. While I am at it, I will look up OPEN and HONEST as well.

With your help we pledge:

to provide a quality education for our children. By making the students share books?
a curriculum that will enable our children to achieve proficiency on the PSSA tests and academic excellence.
state of the art technology for grades K through 12. Will we be busing the state of the art technology with the 9th-12th graders? We made need a bigger bus!
a financial management plan to assure every possible dollar goes into educational programs and materials and stops waste. Again, by sharing books?

Letter 3: I have not bought a home in Morrisville to take advantage of the small school system only to see my children bused ridiculous distances to a school where they will be outcasts.

I admit that removing high school students from the mix is certainly a novel way to raise the test scores in 11th grade.

Brainstorming is a wonderful tool. It exposes the stupid ideas rather quickly. Publicly, quickly, now, expose this stupid idea and abandon it.