Penn State asks judge to make way for vote to potentially remove trustee
Penn State attorneys asked a Centre County judge Monday to terminate one of his earlier rulings that stopped the university’s governing board from potentially removing one of its most outspoken members.
If successful, the university’s board of trustees could remove Barry Fenchak before his term expires at the end of June by a two-thirds vote. He would then be permanently ineligible to serve as a trustee.
Centre County Judge Brian Marshall in October halted the board’s plans to move forward with a vote to remove Fenchak for what it said was a code of conduct violation. A board subcommittee unanimously recommended his removal.
After the university made available in February two key documents Fenchak requested as part of his lawsuit, Penn State attorney Andy R. Stanton argued the preliminary injunction issued by Marshall is now moot. He said it also amounts to judicial interference in the board’s ability to govern itself.
Fenchak’s attorney, meanwhile, said Penn State is hell-bent on removing him because they “really do hate this guy.” Reflective of what appears to be an unsalvageable relationship, each side also made claims the other is obsessed with them.
Marshall neither ruled Monday nor offered a timeline for his decision. Fenchak’s three-year term on the board expires June 30 and his write-in campaign for another was unsuccessful.
It also remains to be seen if Penn State’s board will conduct the vote but stop short of removing him if two-thirds vote in favor — a move Stanton said he recommended to the university.
Fenchak testified the injunction should remain in place because he still has not received all the records he’s requested, including a spreadsheet about the up to $700 million renovation of Beaver Stadium and information about the upcoming closure of some commonwealth campuses.
Penn State President Neeli Bendapudi said in February the commonwealth campus decision would be hers alone, but will now offer a recommendation that will be voted on by the trustees. Fenchak said the decision was “dropped on our lap” after Bendapudi faced blowback.
“There’s no fixing it once we do this,” Fenchak testified.
The university’s attorneys were quick to point out Fenchak’s latest requests were not included in his lawsuit or in writing. Fenchak said he and other trustees have talked broadly about campus-by-campus financials and demographics, but haven’t made a formal request.
His reelection campaign was unsuccessful after a board subcommittee deemed him unqualified and ineligible — a decision Marshall upheld last month. He received 1,304 write-in votes, which put him 15th in an election that seats the top three vote-getters.
Whether he can run again could hinge on Marshall’s forthcoming ruling.