Did Central Bucks violate the law with new superintendent's contract? Bucks DA weighs in

The Bucks County District Attorney’s Office says it found “no probable cause” that Central Bucks School District officials violated state open meeting laws last month.

While a 40% pay increase in a new contract for Superintendent Abram Lucabaugh drew public backlash at the July 25 meeting, prompting multiple accusations of Sunshine Act violations, there was no wrongdoing, the DA's Office said.

The next day, four area residents representing a group called Concerned Citizens of Central Bucks pressed District Attorney Matt Weintraub to “conduct a full-scale investigation of the secret nature and legality” of the new contract.

“We clearly believe that information is being hidden from both the public as well as the elected minority members of the Board,” the letter states.

On Monday, Weintraub’s office followed up on an earlier request for comment from this news organization saying in an email that the matter had been reviewed and was now “closed from a prosecutorial perspective.”

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“The Bucks County District Attorney’s Office reviewed the allegations in the July 26, 2023, letter from the Concerned Citizens of Central Bucks County and found no probable cause to believe that any individual member of the school board committed a criminal violation of the Sunshine Act,” the email states.

“Based on the information provided, it appears that the Board has complied with the Sunshine Act’s public notice and meeting requirements related to the Superintendent’s employee contract,” the email adds.

Central Bucks signs new contract with Lucabaugh

Lucabaugh was officially hired to replace former head administrator John Kopicki in August 2021 at $225,000 with a performance-based raise of at least 2% for the first two years of that five-year contract.

The new contract would bump Lucabaugh’s current pay to $315,000 with the potential to make another $46,634 through raises until 2028. The contract calls for a performance-based increase of at least 2.5% for the first two years and 3% for the remainder of the contract.

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The district would also have to contribute to Lucabaugh’s retirement fund an amount equal to 5% of his salary each year, roughly $83,000 assuming he gets the minimum salary increases each year.

The district will also give Lucabaugh 25 days in vacation time each year, paying a per diem rate of up to 15 days for any unused vacation days at the end of each year.

The contract also gives Lucabaugh 15 days of sick leave each year, which will accrue annually if unused. The district would also pay the “cash value for his unused sick leave based on the rate of 1/260th of his then current annual salary for each day of unused accumulated sick leave not to exceed one year” if his contract is terminated for any reason.

Sunshine Act allegations against Central Bucks board

Lucabaugh’s contract drew a packed crowd to the board meeting room three weeks ago.

Most of the people who spoke during the 90-minute public comment period were there to admonish the board for considering a $90,000 pay increase announced for the first time a day prior.

Board member Karen Smith said during the meeting that she believed there was a possible Sunshine Act violation since a new contract agreement was created without including the minority board members.

Smith, Tabitha Dell’Angelo and Dr. Mariam Mahmud, the three dissenting votes last month, said that a 45-minute executive session held prior to last month’s meeting was the extent of any discussion they were involved in.

Board members Jim Pepper and Sharon Collopy pushed back at Smith’s comments, however, saying they learned of the contract at the same time as the minority members.

This news organization filed a Right To Know Law request on July 26 for electronic communications amongst board members regarding Lucabaugh’s contract. The district has invoked a 30-day extension as it reviews that request.

The Concerned Citizens letter to Weintraub said they were “deeply troubled” by an exchange between board member Debra Cannon and the minority members as well.

Cannon lashed out at Smith over her comments that the majority seemed to be freezing out the three Democrats.

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“I would like to know what makes you think, and what gives you the right to be told anything at all with your current behavior. What makes you think you deserve to know anything?” Cannon said.

Smith, who is running for re-election in Central Bucks Region II this year, has been repeatedly criticized by the majority board members and the public for speaking to the press about the string of controversial issues in the district.

'No legal authority' requires sharing of information among Central Bucks board members

As far as the complaint that the minority board members were not informed of the contract change, Weintraub’s office said it “was unable to find any legal authority that requires individual board members to provide additional notice of anticipated agency business to other members in addition to the Sunshine Act’s existing public notice and meeting requirements.”

The Sunshine Act does require agendas be posted at least 24 hours prior to a meeting, a requirement that was fulfilled when the agenda for last month’s meeting was posted the Monday morning before Tuesday night's meeting.

Melissa Melewsky, an attorney with the Pennsylvania NewsMedia Association, said Tuesday that she agreed with the district attorney’s findings but also said the board should have been more transparent.

“The public and board members should not be kept in the dark about a significant expenditure of public funds until the last minute,” Melewsky said. “It creates the appearance of impropriety, harms the public trust and interferes with the public’s ability to provide meaningful public comment in the decision-making process.”

This article originally appeared on Bucks County Courier Times: Central Bucks didn't violate Sunshine Act, Bucks County DA says