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Remarks by Sen. Hal Mowery (R-31) on Sunshine Amendment
The affiliation of the Dickinson School of Law with
Penn State began with bright promise. However, the future of the institution in
Carlisle clouded considerably when a possible move of the law school to State
College surfaced suddenly. This controversial shift is being aggressively
fought, by individuals, business and professional groups, and state and local
officials. A freshly conceived dual-site plan has not lessened community
anxiety. With a study of that notion underway, the final chapter is still to be
written.
In this process, the community is further troubled
because too much crucial decision-making is taking place behind closed doors.
We believe a move of this magnitude should be deliberated openly as well as
fully.
Those who challenged the closed meeting approach of
the Board of Governors won in Common Pleas Court. But Commonwealth Court, in a
narrow 3-2 ruling, recently held that the Board is not covered by Sunshine
requirements. Although open government advocates may appeal to the state
Supreme Court, the majority opinion in the case is carefully thought through,
and no sure bet for reversal.
The question is not where the public interest is
found. The matters the Board of Governors have discussed, and those they will
decide, are quite consequential for the Carlisle community and for the
Commonwealth. The deliberations should be open. The Board did voluntarily open
up slightly, but not to the extent necessary.
When the Sunshine Law was written, there was an
effort made to have it apply according to the responsibilities of a body, not by
how the body was titled. However, the authors could not have anticipated the
circumstances arising from the mergers of institutions, and the unique division
of authority struck in the agreement. Therefore, the Sunshine Law must be
amended.
This amendment is drawn to make it clear that the
Board of Governors, charged with making pivotal recommendations that affect
degree programs, is covered by the Sunshine Law. This is fair and right. Their
role is not purely advisory. What they recommend is by all accounts
determinative, and therefore constitutes the kind of official action that the
Sunshine Law is designed to cover.
It is not all that often that we change the Sunshine
Law, because it has held up well. But there is now an apparent weakness in a
key place, and it is time to address that directly and effectively.
Sunshine provides no guarantee against bad decisions
being made. But it gives the public the ability to see how a matter is decided,
and how the votes are cast, and thus gives the important ingredient of public
accountability. In this situation, the people of Carlisle and this region are
extremely interested in accountability, and responsibility.
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