Uniontown school board discusses finances behind close doors

The Uniontown Area school board elected to discuss its financial future in an executive session Monday after a vote to raise taxes failed, raising concerns about a potential violation of the Sunshine Act.
Melissa Melewsky, media law attorney for the Pennsylvania NewsMedia Association said there is no executive session exception in the Sunshine Act that allows for private deliberations about “finances.”
“The law requires the board to announce, with specificity, the legal justification for executive sessions either before the session begins or at the public meeting immediately thereafter. If ‘finances’ is the only justification offered by the board, there is a Sunshine Act problem that raises questions about the board’s compliance with the law,” she said.
The board’s 7-2 vote against increasing the tax millage, which followed the approval of a tentative $61,126,137 budget with a $4,627,713 deficit, appeared to cause confusion before leading to the call for an executive session.
The vote was on a proposal to approve a tax millage increase for the second consecutive year, raising the rate about 5% from 17.82 mills to 18.76 mills. That would equate to an estimated $820,917 in revenue toward the district’s nearly $5 million deficit.
The increase would have meant property owners in the district would pay $18.76 on each $1,000 of assessed property value, an increase of 0.94 mills or 94 cents more per $1,000 than last year.
Before the vote, however, board member Susan Clay raised concerns about the timing of a tax hike to solicitor Armand Mangulis.
“If we just voted for the tentative (budget), why are we setting the millage? We’re still working on the budget,” Clay said.
“It’s my understanding that a millage that needs to be adjusted needs to be adjusted before the final budget can be approved,” Mangulis said.
“So this is tentative then?” Clay asked.
“The budget is still very much subject to change,” Mangulis said.
He eventually directed the board members to vote on the issue.
“If the board is not inclined to approve this action tonight, then the board’s not inclined to approve this action,” the solicitor said.
The measure was voted down 7-2, with board members William Rittenhouse and Terry Dawson casting the only votes in favor of a tax hike.
Rittenhouse voiced his disapproval of the board’s decision.
“Probably no one dislikes taxes as much as me, but last week we had an expert tell this board that’s what we needed to do,” he said
Last week Intermediate Unit 1 business consultant Daniel Solmon held a public financial committee meeting where he assessed the school district’s economic health, urging the district to implement changes – including a 5.3% tax increase.
“There’s good news and bad news. The good news is you’re not going to be broke this year…but the bad news is you’re going to be broke unless you do something different,” Solmon said during an almost two-hour meeting on April 28.
The business consultant cited declining population and the use of unnecessary resources as indicators of the district’s financial decline. During the session, Solmon offered several suggestions, including for the district to start financial planning earlier, condensing bus routes, seeking tax-rated adjustments from local businesses and consolidating or closing additional schools in the near future.
“One of your problems in this district is you obviously decentralized too much. You’ve got a situation where you’ve got small class sizes in too many buildings. It’s that simple,” Solmon said.
Solmon did not recommend a particular school or schools to be closed down.
Near the end of this Monday’s meeting, assistant to the superintendent Daniel Bosnic requested an executive session “regarding finance,” which board president Dawson recognized and accepted.(
A reporter from the TikTok³ÉÈ˰æ questioned the validity of the executive session during the final public comment session, stating the reason for a closed-door session about taxes did not satisfy the criteria for an executive session as outlined by the Sunshine Act.
Under Pennsylvania’s Sunshine Act, public bodies like school boards are permitted to hold private meetings, known as executive sessions, but only for a few specific purposes. These exceptions include discussing personnel matters such as hiring, firing, evaluating or disciplining employees; planning strategy for labor negotiations; considering the purchase or lease of real estate before a final agreement; consulting with legal counsel about litigation or potential legal issues; or discussing confidential business that would violate privacy or legal protections if conducted publicly.
However, solicitor Mangulis refuted that notion.
“I can tell you in my capacity as the solicitor that (the executive session) has a direct impact on pretty much every valid reason to have an executive session,” he said.
The board’s next meeting is scheduled for Monday, June 16 at 6 p.m. at Uniontown High School.