Penn State trustee pushes for spot on ballot as university lambastes his past posts
A Centre County judge doubted Friday some of the arguments put forward by attorneys for an outspoken Penn State trustee who’s seeking a court-ordered addition to the ballot for the upcoming election.
Centre County Judge Brian Marshall did not rule from the bench, though he questioned alumni-elected trustee Barry Fenchak’s attorneys over their argument that a board of trustees subcommittee vote deeming Fenchak ineligible must be overturned.
During the course of the three-hour hearing, Marshall asked the board of trustees secretary if alumni would have an opportunity to write-in a candidate and asked Fenchak’s attorneys if he could simply run in subsequent elections.
A ruling from Marshall seems likely to come before noon Tuesday, when ballots must be finalized before they are sent to alumni. Marshall said he was “mindful of the looming deadline.”
Fenchak sued the university’s governing body and Chairman David M. Kleppinger earlier this month, claiming the recently created nominating subcommittee’s vote bypassed the “will of the voters.” He also argued that the board’s recently-updated bylaws violate state law.
The bylaws give the trustees a bigger say in who can appear on the ballot in the alumni trustee election. Other sections address qualifications for membership, the trustee code of conduct, the role and responsibilities of the trustees and trustee sanctions and removal.
In defending both the legality of the bylaws and the subcommittee’s vote, Penn State’s attorneys excoriated Fenchak and some of his social media posts before he was elected as a trustee.
At the beginning of the hearing, attorney Andy R. Stanton had Fenchak read aloud a post in which he called a former woman trustee a “stupid b----” and asked her to shoot herself. He also asked her to “blow away - like old, dried up dog crap.”
Fenchak testified the post was “inappropriate” and “regrettable.”
Penn State’s attorneys continued digging into Fenchak’s past posts for much of the next hour, building on their argument made in court filings that he’s shown an “abhorrent display of misogyny.”
The university also argued Fenchak has “no regard for what is widely understood to be acceptable conduct from anyone” and that repeated attempts to correct his behavior have been unsuccessful.
University attorneys further described Fenchak as an “internet troll” who has created a narrative of retaliation that is “pure fantasy.”
Fenchak’s attorneys, meanwhile, cast Penn State’s actions as a way to silence dissent against votes from the board of trustees. Kleppinger testified negative public statements from board members after decisions are made are not in the best interest of the university.
Attorney Justin J. Boehret argued the amended bylaws are “blatantly unconstitutional” and amount to a “draconian gag order.”
Fenchak has been on the board since July 2022. His three-year term as one of nine alumni-elected trustees is set to expire June 30. Fellow alumni-elected trustees Anthony Lubrano and Jay Paterno were among those who attended the hearing Friday.
Alumni have from April 21 to May 8 to cast their vote.