OP-ED: Selected vs Elected in the WASD

Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

The following is an opinion editorial addressing concerns of WASD taxpayers regarding the filling of school board seat vacancies with recent resignations.

In certain circles the adage of being on a need-to-know basis can serve an organization well; however when the taxpayers are footing the $100 million price tag the best practice is full transparency.

Full transparency is something the Williamsport Area School District is already paying a heavy financial price for through their current solicitor Fred Holland and his firm Murphy, Butterfield & Holland as well as the law firm of Kegel, Kelin, Litts, and Lord, hired as special counsel when a Right to Know law request was made directly to Dr. Timothy Bowers, WASD Superintendent last year.

Why hire a special counsel?

 

These are just some of the issues the new board members will need to address in the early days of their tenure.

Now, let us explore how a pair of WASD school board seats are being prepared to be filled and contrast that with what the process should look like.

The WASD accepted applications until April 8, 2021 at noon based on the following information posted on the WASD website.

Appointment of a new school director is anticipated to occur on April 13. The appointee shall serve until Nov. 30, 2021. He/she may run for election in the 2021 municipal election.

Qualifications:

  • He/she shall be at least 18 years of age.
  • He/she shall be a resident of the Williamsport Area School District for at least one year prior to the date of appointment.
  • He/she shall not be a holder of any office or position of profit under any government in the Williamsport Area School District, nor shall he/she be a member of council in any municipality in the school district.
  • He/she shall not have been removed from any office of trust under federal, state or local laws for any malfeasance in such office.
  • He/she shall not be employed by the school district.
  • He/she may only be involved in business transactions with the school district as permitted by the school code.

Let us explore the qualifications:

How does the WASD verify the age of a resident?

One of the seats being filled was vacated by a non-WASD resident who by all accounts lived outside the district the past two years. You as a taxpayer were on a need-to-know basis, and obviously you didn’t need to know. So why is this even a qualification?

  • He/she shall be a resident of the Williamsport Area School District for at least one year prior to the date of appointment.

This next qualification is quite interesting, who knew you can have a “position of profit under any government”?

As a taxpayer, does it make you wonder how someone is profiting off you?

Again, you are on a need-to-know basis, and obviously you don’t need to know.

  • He/she shall not be a holder of any office or position of profit under any government in the Williamsport Area School District, nor shall he/she be a member of council in any municipality in the school district.

This next qualification could cause quite the conversation. As an example, a WASD employee works for many years and then retires living of the pension they have accumulated over the years.

By realizing the pension; could that constitute employment with the district from a relational standpoint?

What if in the course of their employment prior to retirement they obtained knowledge of current events impacting the district, could that cause additional issues going forward?

As a school board member the lack of potential conflicts of interest is paramount.

  • He/she shall not be employed by the school district.
  • He/she may only be involved in business transactions with the school district as permitted by the school code.

This is the single most perplexing submission from the WASD; “He/she may run for election in the 2021 municipal election.”

Why would anyone on the May primary ballot submit an application to be appointed to the WASD school board?

By doing so, you are telling the taxpayers and voting public, your vote has no meaning. Instead, you are saying to your future peers, pick me first!!!!

It’s absurd!

The two board members running for re-election (Barbara Reeves and Adam Welteroth); should abstain from voting during this process at a minimum and the entire process at a maximum as to avoid the appearance of any conflicts of interest.

This is exactly why the state law and guidance from PSBA gives the power to appoint to the local President Judge; in this case it would fall to Lycoming County President Judge Nancy Butts to fill both open seats.

At this point, only one seat is actually open since the resignation of Marc Schefsky has not been voted on by the WASD school board.

Schefsky remains under investigation by the office of Lycoming County District Attorney Ryan Gardner.

As the WASD school board seats are filled either by the process outlined on the district website or by Lycoming County President Judge Nancy Butts; the fact remains the new board members will have significant issues to deal with on a going forward basis.

Not limited to but including:

  • Fallout from the Derek Chauvin murder trial of George Floyd since WASD school board member Jennifer Lake decided to issue an Anti-Racism proclamation.

Jennifer Lake who when previously contacted hid behind Carol Fausnaught, “Additionally, the board is aware Mrs. Lake received a phone call from you on Friday, July 3, 2020 requesting the above information. Please be advised that we request that you cease all phone calls and email correspondence to Mrs. Lake.”

Again, you are on a need-to-know basis, and obviously you don’t need to know.

That response sounds eerily similar to current WASD solicitor and Union County Magistrate Judge Jeff Rowe when asked about his lack of response;

Author: “I have called and emailed your office as you asked me to; and no one has responded.”

Rowe responded;

“If you are not getting a response; that is our response.”

 

  • Fallout from the systemic failure regarding the 2018 “criminal sexual misconduct” incident that occurred on the WAHS baseball team trip to Myrtle Beach, South Carolina.

BREAKING NEWS: WAHS student criminally charged by South Carolina authorities in 2018 baseball team incident

AG interviews of Dr. Bowers, Pardoe and Erb confirmed in WASD Legal Services Invoices

How did Pardoe, McCann and Miller all forget the 2018 Myrtle Beach room assignments email?

How did Wanda Erb miss this email on the WASD.org server?

 

  • Fallout from the employment agreement extension of WASD Superintendent, Dr. Timothy Bowers and WASD Fred Holland and Jeff Rowe.

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

 

  • Fallout from the lack of transparency in Right to Know law responses.

“Tens of thousands of dollars spent on Right-to-Know responses” – is forthcoming.

 

TalkWilliamspot.com made a timely informal request followed by a formal Right to Know law request for the applicants names and their application materials this past Friday.

That request has gone unanswered at this writing.

It appears as far as the WASD is concerned; as a taxpayer you are on a need-to-know basis, and obviously you don’t need to know.

Dr. Bowers has already provided the mechanism for his own resignation, IN HIS OWN WORDS and guidance for this particular situation.

As described in, OP-ED: Long past time for Dr. Bowers to resign as WASD Superintendent”

Bowers supplements his response to Jane Penman:

“In my opinion our actions are more impotent (important) than our words.”

For the vacant WASD school board seat applicants who remain nameless at this point; still want to volunteer?

 

This is a developing story on TalkWilliamsport.com