Northampton Area School District Board of Education has approved a request to investigate whether NASD school directors and/or district administration officials have violated the Sunshine Act.

NASD school directors voted unanimously 9-0 at the Aug. 11 school board meeting for Atty. Eric J. Filer, of KingSpry Attorneys & Counselors, to determine whether emails concerning change orders for a $5.7 million heating, ventilation and air-conditioning project at George Wolf Elementary School circumvented the Pennsylvania Sunshine Act.

School Director Doug Vaughn made the motion, seconded by Director Brian McCulloch, to add the item to the meeting agenda and bring it to a vote.

Concern about the Sunshine Act was voiced at the school board meeting by McCulloch who, before the vote on authorizing the KingSpry law firm probe, said, “I intend to run this by (Pennsylvania) Auditor General Timothy DeFoor and make a complaint with the proper authorities about violating the Sunshine Act.”

When asked by Northampton Press after the school board meeting about probing NASD with respect to the Sunshine Act, Filer said that attorney-client privilege between KingSpry and NASD prevented him from commenting.

When asked when KingSpry might complete its review of the Sunshine Act with respect to NASD emails about the George Wolf HVAC project, NASD school board President Kristin Soldridge said, “At least give us a minimum of 60 days,” adding, “[Filer] has to look at the communications to address if it was a violation of Sunshine Act.”

NASD directors voted 8-0 at the Aug. 11 meeting, with McCulloch abstaining, in a motion made by school Director Ross Makary and seconded by Vaughn, to approve for the George Wolf HVAC project:

• ASL Mechanical, mechanical contractor, not-to-exceed change order: $135,000, for rerouting of piping, addition of values, ductwork modifications and overtime requirements

• Uhrig Construction, general contractor, not-to-exceed change order: $60,000, for additional cost for structural steel reinforcement and additional soffit enclosures to accommodate ductwork and existing conditions

• Albarell Electric, electric contractor, not-to-exceed change order: $25,000, for lightning protection to all rooftop units

During the approximate one-hour discussion of the change orders at the school board meeting, Arif Fazil, senior business development leader at CHA Consulting Inc., said the change orders are required to complete the HVAC project at George Wolf in time for the first day of classes Aug. 25.

A June 5 email to NASD Superintendent of Schools Joseph S. Kovalchik, NASD Business Administrator Craig Neiman, NASD Director of Operations and Maintenance Jonathan Jenny and Fazil from Ethan Fick, a project manager at CHA who is no longer with the firm, stated an “estimate of cost impact, if any” for the George Wolf HVAC project.

At the Aug. 11 meeting, Kovalchik confirmed to school directors the existence of the June 5 email and other emails pertaining to the George Wolf HVAC project.

After the meeting, Kovalchik detailed the emails timeline to Northampton Press.

Kovalchik said:

• The June 5 email did not include change-order costs for the George Wolf HVAC project.

• A July 25 email from Fazil to Jenny did contain particulars of the change orders for the George Wolf HVAC project.

• Jenny forwarded the July 25 email to Kovalchik July 28.

• Kovalchik forwarded the Jenny email to school directors July 29.

• In Kovalchik’s emails to school directors, he stated three options concerning the George Wolf HVAC project, including paying overtime to construction workers to complete it in time for the Aug. 25 school-year start.

Some school directors attended a construction site tour of the George Wolf HVAC project given by Fazil July 31.

Of the $5.7 million George Wolf HVAC project, $3.1 million has been spent.

The change orders for the project total $220,000, which is less than the project’s $362,000 contingency fund.

The board of education facilities committee meets 6 p.m. Aug. 18 in the Northampton Area High School library conference room, 1619 Laubach Ave.

The board of education next meets 6:30 p.m. Sept. 8 in the NAHS auditorium.