102623-psu-ltr.pdf (documentcloud.org)
Some of the more concerning takeaways:
1) "The Penn State Board of Trustees improperly deliberates, takes official action, and uses the executive session and conference exceptions in violation of the Sunshine Act"
2) "In May, Spotlight PA reported that in spring 2022, a select set of Board leaders held a non-public meeting with university leadership to discuss budgeting issues to be brought forward at the Board’s public July 2022 meeting. After presenting a budget, the Board members in attendance allegedly “suggested that [a $245 million] deficit would likely not” receive the full Board’s support.
In response to Spotlight PA’s questions on the meeting—for which there is no public record— Secretary Harvey contended that the Sunshine Act does not “restrict discussions between board leadership, board committee leadership and the university administration.”
Harvey further wrote that “the Sunshine Law [sic] permits conference sessions in which information may be provided to trustees for the purpose of fulfilling their fiduciary duties at which trustees are permitted to ask questions.”
Secretary Harvey is wrong."
3) "The Board has also taken the position that its thirteen-member Executive Committee has lawfully held non-public “conferences” for nearly twelve years. See Massey, Regular Public Meetings. Secretary Harvey told Spotlight PA that the Executive Committee meets in private only to discuss agendas and plan.
Executive Committee’s agenda-setting meetings are “deliberative” in nature and must be publicly noticed, open, and documented, whether the Committee labels them a “conference” or not"
4) "In April 2023, Chair Schuyler and Vice Chair Kleppinger sent an email to all members in advance of the full Board’s May 5 meeting, noting that the Board would conduct a closed “trustee conference and executive session,” as it had “for the past few cycles.” Email from Matthew Schuyler and David Kleppinger to Board (Apr. 24, 2023). The Board chairs additionally requested that trustees ask questions regarding the Board’s Finance, Business and Capital Planning materials “during the conference session” so that they could be “answered in the run up to”—as opposed to during—“the [open] meeting.
At the open afternoon meeting, one trustee brought his concerns about the Board’s financial plans to light in public, upsetting Schuyler who chided the trustee for not “mentioning these [issues] in [the] previous three sessions discussing these matters.
The Board leadership’s guidance to restrict discussion of certain matters to the Board’s private meetings—and its displeasure when that guidance was not strictly heeded—suggests that it has attempted to work out “consensus” on its policies in private."
And, the summation:
5) "PSU’s lack of transparency harms the public it is designed to serve and educate. The PSU Board of Trustees’ misuse of conferences and executive sessions violates the letter and intent of the Sunshine Act and, consequently, erodes the public’s faith."
Some of the more concerning takeaways:
1) "The Penn State Board of Trustees improperly deliberates, takes official action, and uses the executive session and conference exceptions in violation of the Sunshine Act"
2) "In May, Spotlight PA reported that in spring 2022, a select set of Board leaders held a non-public meeting with university leadership to discuss budgeting issues to be brought forward at the Board’s public July 2022 meeting. After presenting a budget, the Board members in attendance allegedly “suggested that [a $245 million] deficit would likely not” receive the full Board’s support.
In response to Spotlight PA’s questions on the meeting—for which there is no public record— Secretary Harvey contended that the Sunshine Act does not “restrict discussions between board leadership, board committee leadership and the university administration.”
Harvey further wrote that “the Sunshine Law [sic] permits conference sessions in which information may be provided to trustees for the purpose of fulfilling their fiduciary duties at which trustees are permitted to ask questions.”
Secretary Harvey is wrong."
3) "The Board has also taken the position that its thirteen-member Executive Committee has lawfully held non-public “conferences” for nearly twelve years. See Massey, Regular Public Meetings. Secretary Harvey told Spotlight PA that the Executive Committee meets in private only to discuss agendas and plan.
Executive Committee’s agenda-setting meetings are “deliberative” in nature and must be publicly noticed, open, and documented, whether the Committee labels them a “conference” or not"
4) "In April 2023, Chair Schuyler and Vice Chair Kleppinger sent an email to all members in advance of the full Board’s May 5 meeting, noting that the Board would conduct a closed “trustee conference and executive session,” as it had “for the past few cycles.” Email from Matthew Schuyler and David Kleppinger to Board (Apr. 24, 2023). The Board chairs additionally requested that trustees ask questions regarding the Board’s Finance, Business and Capital Planning materials “during the conference session” so that they could be “answered in the run up to”—as opposed to during—“the [open] meeting.
At the open afternoon meeting, one trustee brought his concerns about the Board’s financial plans to light in public, upsetting Schuyler who chided the trustee for not “mentioning these [issues] in [the] previous three sessions discussing these matters.
The Board leadership’s guidance to restrict discussion of certain matters to the Board’s private meetings—and its displeasure when that guidance was not strictly heeded—suggests that it has attempted to work out “consensus” on its policies in private."
And, the summation:
5) "PSU’s lack of transparency harms the public it is designed to serve and educate. The PSU Board of Trustees’ misuse of conferences and executive sessions violates the letter and intent of the Sunshine Act and, consequently, erodes the public’s faith."
