A Lehighton Area School District board member challenged whether two district committees violated Pennsylvania’s open meetings law Monday night.

Board member David Bradley raised the issue twice during the special meeting — first when the board was about to vote on a new support staff contract, and again when considering a new hire. In both cases, Bradley argued that committees doing work on behalf of the board were required to operate under the Pennsylvania Sunshine Act, which mandates public notice and open meetings for governmental bodies and their committees.

The Sunshine Act defines “agency” as the body and all committees authorized by the body to take official action or render advice.

“All committees have to follow the Sunshine Act, which would then include advertising and letting people know,” Bradley said.

Bradley’s first concern centered on the negotiations committee — made up of board members Lori Frey, Jeremy Glaush and Heather Neff — that bargained the new four-year support staff contract on the district’s behalf. Bradley questioned why those meetings were never advertised and why other board members were not invited to participate.

Solicitor Jeff Sultanik drew a distinction between the negotiations committee and a formal standing committee of the board.

“The bargaining committee is not a standing committee of the board — to the best of my understanding, it is the equivalent of an ad hoc committee,” Sultanik said. “Either way, a committee can have an executive session without inviting the entire board under these circumstances. The entire board was not required to be present when executive sessions have been involved in collective bargaining.”

Bradley pressed further, asking whether the negotiations sessions were being characterized as executive sessions.

“I’m not saying it was an executive session,” Sultanik replied. “I’m saying it was involved in collective bargaining, and collective bargaining is exempt from coverage under the Sunshine Act.”

That answer did not satisfy Bradley, who said the Sunshine Act’s language is not confined to executive sessions and covers any committee authorized by the board to render advice.

“You don’t have to advertise an executive session of a committee in the same way we don’t have to advertise an executive session of the school board,” Sultanik countered.

The issue surfaced again moments later when the board considered approving a newly hired licensed practical nurse. Bradley noted the candidate, Autumn Frey, had been selected through an interview process that included multiple rounds in which most board members played no role, receiving information only at the final stage.

“The board was invited only for the final interview — not all the other ones prior to that to get to that final interview, including all the applications, resumes, references, and those checks,” Bradley said. “All that information went into this recommendation. We do not have it. How is that committee allowed to meet, collect information, and recommend to the board without any Sunshine Act visibility?”

Superintendent Jason Moser clarified that the interview committee was made up of administrators and professional staff — not board members.

That distinction, Sultanik said, put the committee outside the Sunshine Act’s reach entirely.

“An administrative committee is not a board committee,” Sultanik said. “An administrative committee is not subject to the Sunshine Law. If there was a majority of board members constituted on that group of interviewers, then I would agree with you. But in this particular situation, it was an administrative committee, as there are many administrative committees that are not subject to the Sunshine Law.”

Bradley argued the distinction should not matter if the board itself authorized the group to gather information and make recommendations on the board’s behalf.

“The board authorized this group of administrators to meet, collect data for the board on their behalf,” Bradley said. “Why would they not be part of the Sunshine Act?”

“Because they’re not a committee of the board,” Sultanik said.

The board ultimately approved Frey’s hiring with Bradley as the only dissenting vote.