Court: Stern to remain as school director

By Jarrad Hedes

jmhedes@tnonline.com

Carbon County President Judge Roger Nanovic awarded partial judgment Monday in favor of Lehighton Area School District’s board president as part of a lawsuit alleging a Sunshine Act violation last December.

Nanovic ruled Monday he would not remove Larry Stern from office, as requested by Lehighton school board director David Bradley, and residents Frances Flickinger and Janice Bowman.

The trio allege Stern called for an official vote on a nonagenda item on Dec. 4, 2017, “without calling on Bowman or Flickinger, who had their hands raised.”

They also allege Stern refused to allow public comment at a Dec. 21 meeting.

“Neither the provisions of the Sunshine Act nor Section 5301 of the Crimes Code provide for removal as a sanction for a violation,” Nanovic wrote in his ruling Monday.

Stern denied being aware Bowman and Flickinger sought to comment on the motion in question, a vote on filling a board vacancy that eventually deadlocked 4-4.

Nanovic left the door open for the trio to pursue further action on the Sunshine Act violation allegation, though it would not be in the civil court arena.

Instead, Nanovic said, that would be a matter to go before a magisterial district judge.

“A violation of the Sunshine Act is a criminal summary offense,” Nanovic wrote in his court order. “To initiate summary criminal proceedings other than by a law enforcement officer, a private criminal complaint must be filed with magisterial district judge.”

Bradley, Bowman and Flickinger’s filing also alleges Stern violated an oath under the school code he took when elected to the position.

A violation of the Sunshine Act, Nanovic wrote, would not necessarily constitute a violation of that oath.

Lehighton Area School District was also named as a defendant in the lawsuit.

Nanovic granted a motion to dismiss the district as a party to the proceedings.