This story was created by Spotlight PA State University Regional Office, an independent, nonpartisan newsroom dedicated to investigative and public service journalism in Pennsylvania. Sign up for Talk of the Town, our north central Pennsylvania newsletter. Spotlightpa.org/newsletters/talkofthetown.
STATE UNIVERSITY — Leaders of Penn State's Board of Trustees recently called on fellow board member Anthony Lubrano to issue a “public complaint” related to his proposal to name the university's football field after Joe Paterno. He warned them of creating a spectacle and sharing “confidential information.”
Board Chair Matthew Schuyler and Vice Chair David Kleppinger suggested that Mr. Lubrano should instead have brought the matter to closed-door executive committee discussion and deliberation; The action likely violated the state's open meetings law.
“You have chosen not to take advantage of that opportunity,” Schuyler and Kleppinger wrote in the March 28 letter, which was first reported by WJAC. “Your public statements and rescinded proposal not only distracted from the business and academic issues on the agenda of the February 16 Board meeting, but they also negatively impacted the Board as a whole and therefore did not serve the best interests of the institution. It wasn’t about profit.”
The exchange is once again raising concerns about whether the board is properly complying with Pennsylvania's open meetings law in conducting its business. Under state law, administrative meetings can only be held to discuss pending or ongoing litigation, legal investigations, academic status, employment or property negotiations.
Melissa Melewski, media law counsel for the Pennsylvania News Media Association, of which Spotlight PA is a member, said the letter “demonstrates a fundamental misunderstanding and potential misuse of the executive committee.”
“The question of what to name soccer?'' [field] “This is not the subject of an executive session and should not be discussed outside of a public meeting,” Melewski said. “The Sunshine Act is a public access law, and the exceptions are narrowly written and should be narrowly applied.”
Lubrano, an alumni-elected board member, said in an interview with Spotlight PA that Penn State officials want to silence any public discussion of the former football coach. Board leaders are now trying to control his actions, he said.
“They think it's in the university's best interest that there is never any public opposition,” Lubrano said.
A Penn State spokesperson said in an email that the university is unable to respond to questions from Spotlight PA due to ongoing litigation between the press office and the university over alleged violations of the Open Meetings Act by the Board of Trustees. said.
The board “is steadfast in its commitment to openness and transparency as required by the Pennsylvania Sunshine Act,” the spokesperson wrote.
“Paterno Field” controversy
Joe Paterno was Penn State's head football coach for 45 years and won two national championships. The board fired him in November 2011 during the Jerry Sandusky child sex abuse scandal. Joe Paterno passed away in January 2012.
In June 2012, Sandusky was convicted of 45 counts of child sexual abuse and sentenced to up to 60 years in prison. Several university officials have since been convicted of misdemeanor child endangerment. Joe Paterno was not charged.
The Trustees held two closed-door meetings in January (a “briefing” on Jan. 16 and an “officer's session” on Jan. 29) to discuss the idea of naming the soccer field after Paterno. We talked.
At the board's public meeting in February, Lubrano proposed a day to honor longtime coach Sue and his wife Sue by creating “Paterno Field at Beaver Stadium.” Mr. Lubrano withdrew the resolution following a statement from fellow trustee and Mr. Paterno's son, Joseph “Jay” Paterno Jr.
In March, Lubrano told 98.7FM that the board's private meeting in January included former Penn State General Counsel Frank Guadagnino, President Neely Bendapudi and members of the president's team. Penn State leaders expressed concern that naming the football field after Paterno would jeopardize the university's accreditation and corporate sponsorships.
Schuyler and Kleppinger said in their letter that Lubrano shared “confidential information” during a radio appearance and a Feb. 16 interview with WJAC.
According to the board's governing documents, Penn State defines “confidential information” as nonpublic information about the university. For example, the board marked the board's 2022 withdrawal schedule as confidential, according to records obtained by Spotlight PA.
The Sunshine Act does not require conversions made in executive sessions to be kept confidential, Melewski told Spotlight PA. In fact, he added, directors and directors may have a duty to speak up if they feel the board's rules are being applied inappropriately to prevent disclosure.
The letter also accused Mr. Lubrano of circumventing the board's typical proposal process, which he said was false. He told Spotlight PA that the board will not discuss other honorific titles in private, such as the February vote to name the Chemistry Building the “Benkovich Building.” Lubrano said he worked on the proposal with other board members in the fall and board leadership knew he planned to present it in February.
“They were fully aware every step of the way. That's what's discouraging to me,” he said in an interview with Spotlight PA.
Spotlight PA, in conjunction with the Freedom of the Press Reporters Committee, filed a complaint against the trustees in December for allegedly violating the Sunshine Act. The lawsuit, which was amended after the February board meeting to include additional violation charges, alleges the trustees illegally performed official duties in private. Newsrooms documented a decade-long pattern of board meetings being held behind closed doors.
Penn State said in a filing last month that Spotlight PA's lawsuit contains “unsubstantiated and vague claims and vague conclusions of law.” The university insists it follows the law.
The case is ongoing in Center County Civil Court.
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