Penn State

Kistler rejects trustee case vs. alumni association

Judge Thomas K. Kistler denied four Penn State alumni a spot on the alumni association ballot, saying they had a full and fair opportunity to avail themselves of the other avenues for nomination, yet they each failed to do so.”
Judge Thomas K. Kistler denied four Penn State alumni a spot on the alumni association ballot, saying they had a full and fair opportunity to avail themselves of the other avenues for nomination, yet they each failed to do so.” CDT photo

Four university trustees will not be on the ballot for Penn State Alumni Association’s governing body.

Ted Brown, Anthony Lubrano, Bill Oldsey and Alice Pope lost their bid to get the court to force the issue after the PSAA turned them down for places on the ballot.

“After thorough review of the record and arguments of counsel, the (c)ourt determines that the Petition for Preliminary Injunction is denied...,” wrote President Judge Thomas King Kistler.

The PSAA changed its bylaws last month, six months after the four trustees started the process to run for seats on the 86-member alumni council. Executive Director Roger Williams said there were concerns about independence, autonomy and undue influence exerted by the four trustees.

The bylaw change, which banned any administrator or trustee from serving, took effect immediately, but the trustees still challenged it.

Kistler found that, even under the old bylaws, candidates seeking the seats could have pursued the ballot in other ways to assure being participants in the election, namely petition and floor nomination.

The self-nomination allowed their names to be placed before the nominating committee, which had the ability to deny them the slots, although only one other candidate had been denied in approximately 20 years. Twelve were initially denied in 2015, but two were later placed on the ballot.

“Petitioners had a full and fair opportunity to avail themselves of the other avenues for nomination, yet they each failed to do so,” Kistler wrote.

The alumni council election is due to take place May 12-31. There are 32 candidates for the 10 available seats.

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