Penn State trustee’s legal battle over access to financial information continues. What’s next?
Six months after outspoken Penn State trustee Barry Fenchak sued the university and its board of trustees chairman, he was back in court Thursday, continuing to seek the financial information he says was withheld from him.
Penn State and Fenchak, an alumni-elected trustee the board sought to remove in September, attempted to broker a deal for more than two months until they reached what the university’s attorney described as an impasse.
But on more than one occasion Thursday, Fenchak’s attorney told Centre County Judge Brian Marshall he believes there remains a “pathway to resolution.” At least as long as the two sides are able to find common ground on a few key sticking points.
Since he was elected in 2022, Fenchak has sought detailed financial information from Penn State about the university’s more than $4.5 billion endowment and a 10-year contract with a ticketing sales agency that’s reportedly worth upward of $1 billion.
Fenchak has alleged the administrative expenses for the university’s endowment tripled within three years and the contract with Elevate has been promoted as a way to help fund the extensive renovations to Beaver Stadium. The university has rejected his requests, saying they were either inappropriate or unrelated to his specific duties.
Fenchak has said in court filings he’s been stonewalled and subjected to retaliation, including the university’s halted effort to remove him from the board.
Penn State attorney Christopher J. Conrad said Thursday the university is willing to share the information with Fenchak as long as there are “reasonable restrictions” on the manner in which it is shared.
In its proposal, for example, the university said it was willing to share the information as long as Fenchak neither made copies nor took notes of the documents. Fenchak’s attorney cast the proposed conditions as onerous.
Marshall, who was asked to approve a confidentiality agreement, did not immediately rule Thursday and did not offer a timeline.