The Commonwealth Court of Pennsylvania upheld the lower court ruling that the Oley Valley School District owes Amthor Steel $2,187,089.35 for work performed on the Middle School.
The case was heard by a three judge panel, the Honorable President Judge Bonnie Leadbetter, the Honorable Judge P. Kevin Brobson, and the Honorable Senior Judge Jim Flaherty.
According to court documents, the district had three contentions. First, they did not receive a fair hearing from an arbitration panel. Second, the arbitration panel’s reward to the contractor was the result of misconduct and irregularity. Finally, there was a failure to adhere to procedural rules and a failure to rule on pending objections.
President Judge Bonnie Leadbetter, wrote a detailed opinion that concluded the district’s reasons in their petition to vacate the award to Amthor Steel was without merit.
She affirmed Amthor Steel’s lawsuit the district owes the contractor for their work.
At the onset of the construction project, the board set aside only $1,400,000 in the Capital Projects Fund to pay the company. There has been no public explanation how the nearly $700,000 shortfall will be covered.
The district has spent nearly $500,000 defending this lawsuit. The board never publicly voted on the expenditure of funds for legal expenses associated with the case. The Sunshine Law requires a public vote on all expenditures by a school district.
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The attorneys who advised the board to continue appealing should be made to return the money they charged and pay the $700,000 shortfall out of their own pocket. At the very least the board solicitor should be terminated for knowingly violating the Sunshine Law.
Amthor Steel Update: Board Meeting 12/15/2010
The board voted not to appeal the Commonwealth Court of Pennsylvania decision to uphold a lower court ruling that the district owed $2,187,089.35 to Amthor Steel for work on the Middle School.
The Reading Eagle printed nothing about this. Are they asleep at the wheel?
The board voted publicly every month on the expenditure of funds for legal expenses when they approved the bills for the month.
Reading Eagle doesn't have anything
Boyertown news put something up on their facebook
heres their link
http://www.berksmontnews.com/articles/2010/12/16/boyertown_area_times/news/doc4d0a238e1234e089256601.txt
Sure, the board voted publically evey month on the expenditure of legal expenses when they approved the bills for the month. Did any board member EVER spotlight this expenditure for the benefit of the public knowing the cost? Did any board member ever vote against this expenditure? Did the public ever get a list of the expenditures being voted on so they could see the costs? Even in the light of the public meeting the board operates in the dark and secrecy.
Hiding the Amthor Steel legal bills in budget approvals is an act of cowardice.
In an article this morning in the Reading Eagle it quotes Dave Kessler as saying he is going to introduce a bill in the legislature to make dentist malpractice insurance mandatory. Would someone please go knock on Mr. Kessler's door and tell him he was defeated in November? I don't think he understands.
Kessler is one of those politicians that believe government knows how to run a business better than business.
This may be one the reasons he was sent packing.
The liberals think they know how to run citizens lives better than citizens.
Wrong.......
MERRY CHRISTMAS, EVERYONE!!!!
That was a pathetic school board meeting report in the Eagle this morning. Was giving out an award the only thing that happened at the meeting? What a waste of newspaper space. That is nothing but lazy reporting.
nothing but the sound of crickets................
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