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Board appoints two PSBA delegates after failing to amend agenda; counsel warned of Sunshine Act risk

Oley Valley School District Board of Directors · June 17, 2025
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Summary

After counsel warned that changing the action item might violate the Sunshine Act, the board rejected an amendment to open nominations and proceeded to appoint Mr. Klein and Ms. Zakin as delegates to the PSBA delegate assembly. The process prompted a procedural debate and a planned executive session for legal advice.

A procedural dispute over whether to amend the agenda to open nominations for PSBA delegates ended with the board rejecting the amendment and appointing two delegates as listed on the agenda.

Board counsel advised that deleting the action item and substituting an open nomination process could violate the Sunshine Act and relevant Commonwealth Court precedent. After the motion to amend failed on a roll call, the board moved forward with the original agenda item and approved the appointment of Mr. Klein and Ms. Zakin to represent the district at the Pennsylvania School Boards Association delegate assembly.

Why it matters: Counsel’s legal interpretation of open‑meeting rules shaped the board’s process. Board members expressed concern about timing — the board must submit delegate decisions before a June 27 deadline — and some members said prior practice had allowed nominations at the voting meeting.

What’s next: The board planned an executive session for legal advice on the appointment process, and the administration will present any outstanding invoices (including PSBA training fees) for ratification at the July meeting.