A decision to inform its business administrator that it did not intend to renew his contract was likely not a Sunshine Act violation by Lehighton Area School District’s board of directors, legal counsel for the Pennsylvania NewsMedia Association said Tuesday.

Edward Rarick, who had been Lehighton’s business administrator since November 2020, tendered his resignation on Jan. 10 citing, in large part, the fact that the school board had already decided it was not seeking to renew his contract and informed him of such via an email from its solicitor.

“Boards can deliberate certain limited issues behind closed doors during an executive session, but those deliberations should not result in a decision until the board has had a chance to hear from the public,” Melissa Bevan Melewsky, PNA media law counsel said. “It’s very unlikely that a court would find a Sunshine Act violation in this situation, but the board can do better with transparency and responsive governance that welcomes public participation in the decision-making process.”

Lehighton’s board pushed back Monday against a claim that its discussion about whether or not to renew Rarick’s contract in a Jan. 8 executive session violated the Sunshine Act.

The decision of a board’s intention about reappointment constitutes a personnel matter that is typically addressed in executive session, Board President Jeremy Glaush said.

“It is the position of the district and the district’s solicitor that no official action took place during the executive session and informing the business administrator of the board’s intention not to reappoint him is not a binding formal action of the board requiring it be done at a public meeting,” he added.

Melewsky said the Sunshine Act does allow for an executive session to discuss the employee, unless the employee exercises his right to have the discussion held at a public meeting.

“It appears that the board came to a consensus during the executive session, which is less than ideal even if it was not formalized with a vote,” Melewsky said. “The problem is that the board apparently reached a decision without hearing from the public. The Sunshine Act requires public comment before decisions are made because the law recognizes the public’s right to have a voice in the decision-making process and because it recognizes that the best decisions are made after considering wide-ranging viewpoints. That doesn’t happen if the board decides an issue privately then formalizes it at a public meeting.”

Superintendent Dr. Christina Fish said the business administrator opening has been posted and advertised with a Feb. 2 application deadline.

“We have interviewed a candidate for the interim business administrator position and will be bringing that to the board on Jan. 25,” Fish said.