MORRISVILLE SCHOOLSTeachers' contract up in Morrisville
Posted: Thursday, April 26, 2012 2:45 pm | Updated: 7:35 pm, Thu Apr 26, 2012.
The administration and teacher union leaders at Morrisville School District are hard at work negotiating a new contract for the educators.
However, the public can't even see the current labor agreement for the 92 teachers although that contract is considered a public record under Pennsylvania law.
Superintendent Bill Ferrara said he doesn't want to release the contract, set to expire Aug. 30, because "I do not want the appearance the district is negotiating through the press."
The newspaper formally submitted a Right-To-Know request April 20 after several informal requests over months. In its request, the newspaper did not ask for information about current negotiations on a new contract.
On Tuesday, the district responded with a letter stating that it was "utilizing 30 days to research this information." And as soon as the research is concluded, the district would comply with the request.
Ferrara said it's the district's common practice. The newspaper was unsuccessful Thursday in reaching district solicitor Thomas Profy to determine what the legal reasoning is behind the 30-day.
The district's response drew harsh criticism from Melissa Bevan Melewsky, media law counsel at the Pennsylvania Newspaper Association in Harrisburg.
She termed it "insufficient as a matter of law" and "the current teacher contact should be readily available to any interested person who requests it. The school's response is simply an inappropriate barrier to accessing a clearly public record."
Melewsky said the Right-to-Know law does not allow agencies to take an additional 30 days to "research" a request; they are supposed to do that in the initial five business days.
She said the law allows an agency additional time in seven instances, including where legal review is necessary, redaction is required and the records are remotely stored. But none of the statutory reasons for denial have been cited by the school district in its letter to the newspaper.
Melewsky added that when an agency takes an additional 30 days, it must send written notice containing the following:
• Notice that the request is being reviewed.
• The reason for the review.
• A reasonable date by which a response will be provided.
• An estimate of applicable fees.
None of the required notices appear in the school district's response, Melewsky said. The newspaper can appeal the request before the Office of Open Records, which would take 30 days to render a decision. That decision will allow the school district another 30 days to comply.
The newspaper plans to appeal.
12 comments:
Come on Ferrara! The Teacher Contract is a public document. It's 6 yrs. old.If it was a student it would be in 1st grade. For crying out loud stop the runaround and release the info.
What gives? Did he work in the Nixon Admin?
Dumb.When you don't release run-of -the-mill public info it makes people wonder what you're hiding. You may not be hiding anything, but you created the perception of secrecy and cover up for no good reason. Again, dumb.
Me large. Me in charge. Me outsmart lame stream media. Me control message. Me withhold public info. Gimme a fricken break!
Hawkeye: How would you assess my general character?
Nurse: You're cynical. You're selfish. When you're not in the operating room all you think about is your own pleasure.
Hawkeye: Don't sugar coat it. Give it to me straight.
Amen, brother!
Apostle posted at 8:32 am on Sat, Apr 28, 2012.
Posts: 139
Atty Profy is stretching the law beyond its elastic bounds. I sure hope he doesn't ever become a judge, because we don't need more legislating from the bench.
Furthermore, if Profy is going to claim he needs 30 days to research the topic, he ought to have listed the reasons, as required by law. It's a public contract- and it ought to be available immediately upon request during municipal office hours.
I don't often agree with the Courier Times, but I am really glad they are filing an appeal.
I might have a copy of this 100% public document.
If I find it, I am tempted to 'leak' it to the paper, which has every right to have it.I'd prefer that our school district administrators stop hiding behind and abusing RTK law and provide the requested info. Otherwise, i fear their recalcitrance and unlawfulness will be unilaterally negotiated in the press, by the press.
perhaps this is why that Mihok keeps fightiing with the board to not get rid of profy, he is hiding something for them and they are very afraid of someone coming in and finding it. i can only imagine what those new people are finding out behind the scenes or stumbling upon to be a fly on those walls
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