Media attorney: Monessen firing violated state open meeting law
By Stacy Wolford, [Monessen] VALLEY INDEPENDENT
When the Monessen School Board voted last week to fire a teacher identified only by an employee number, it violated the state's open meetings law, according to an attorney for the Pennsylvania Newspaper Association.
Melissa Melewsky, media law counsel with the PNA, said the board violated the Sunshine Act by not identifying the teacher.
"They were required to vote publicly and say which teacher they were firing at a public meeting," Melewsky said yesterday. "The public can't comment on a vote when they have no idea what vote is taking place.
"The school was not in compliance with the Sunshine Act if it didn't announce the name of the teacher prior to voting to terminate."
Following last week's meeting, Superintendent Dr. Cynthia Chelen said district officials couldn't identify the teacher because of an ongoing criminal investigation. Their decision was based on a recommendation by district solicitor John Toohey.
Monessen police and the Westmoreland County District Attorney's office are handling the investigation.
Neither Chelen nor Monessen police have commented on the nature of the investigation.
But Melewsky said that the investigation is not a valid reason to keep the teacher's name a secret.
"They (the school district) aren't conducting the investigation, so it's irrelevant to identifying her," Melewsky said.
Toohey said the case involving the teacher is "very complex," as it involves law enforcement and other agencies.
"By disclosing the name, we are concerned about what impact it could have on all of the entities involved, as well as students, parents and community members," Toohey said.
Toohey said that even though the teacher was fired, grievances have been filed on her behalf by the Monessen Education Association, the teachers' union.
The board voted 8-0 last week to terminate the teacher, identified only as "employee No. 166."
Director Maria Scuteri abstained from voting. Directors Roberta Bergstedt, Cheryl Galilei, Marilyn Pivarnik, Norbert Vesely, Brett Lepresti, Donna Fantauzzi, Joseph Gigliotti and Jack Howell voted in favor of the termination motion.
The teacher had been suspended with pay since March 29.
The Valley Independent is filing a request through Pennsylvania's Right to Know Law to obtain the identity of the teacher from the school district.
When the Monessen School Board voted last week to fire a teacher identified only by an employee number, it violated the state's open meetings law, according to an attorney for the Pennsylvania Newspaper Association.
Melissa Melewsky, media law counsel with the PNA, said the board violated the Sunshine Act by not identifying the teacher.
"They were required to vote publicly and say which teacher they were firing at a public meeting," Melewsky said yesterday. "The public can't comment on a vote when they have no idea what vote is taking place.
"The school was not in compliance with the Sunshine Act if it didn't announce the name of the teacher prior to voting to terminate."
Following last week's meeting, Superintendent Dr. Cynthia Chelen said district officials couldn't identify the teacher because of an ongoing criminal investigation. Their decision was based on a recommendation by district solicitor John Toohey.
Monessen police and the Westmoreland County District Attorney's office are handling the investigation.
Neither Chelen nor Monessen police have commented on the nature of the investigation.
But Melewsky said that the investigation is not a valid reason to keep the teacher's name a secret.
"They (the school district) aren't conducting the investigation, so it's irrelevant to identifying her," Melewsky said.
Toohey said the case involving the teacher is "very complex," as it involves law enforcement and other agencies.
"By disclosing the name, we are concerned about what impact it could have on all of the entities involved, as well as students, parents and community members," Toohey said.
Toohey said that even though the teacher was fired, grievances have been filed on her behalf by the Monessen Education Association, the teachers' union.
The board voted 8-0 last week to terminate the teacher, identified only as "employee No. 166."
Director Maria Scuteri abstained from voting. Directors Roberta Bergstedt, Cheryl Galilei, Marilyn Pivarnik, Norbert Vesely, Brett Lepresti, Donna Fantauzzi, Joseph Gigliotti and Jack Howell voted in favor of the termination motion.
The teacher had been suspended with pay since March 29.
The Valley Independent is filing a request through Pennsylvania's Right to Know Law to obtain the identity of the teacher from the school district.
