A Northampton Area School District Board of Education director has filed a lawsuit in Northampton County Court of Common Pleas concerning the alleged violation of the Pennsylvania Sunshine Act. The plaintiff, Director Brian McCulloch, represented by Atty. J. Chadwick Schnee, of Lititz, Lancaster County, filed the civil action against the NASD school board directors.

Northampton County Court of Common Pleas had not listed the McCulloch lawsuit case on its website as of press time Sept. 3. A reporter for Northampton Press was provided a copy of the lawsuit. McCulloch stated in an email to a reporter for Northampton Press that the lawsuit was filed Aug. 28.

McCulloch’s lawsuit, or complaint, “seeks a declaration that the board violated 65 Pa.C.S. § 704 (Pennsylvania Sunshine Act) when it discussed agency business outside of a public meeting.”

The complaint seeks “all of plaintiff’s attorney fees and court costs for this action.”

McCulloch’s lawsuit pertains to school board and administration emails about an HVAC project at George Wolf Elementary School, Bath, completed in time for Aug. 25, opening day of classes for the NASD 2025-25 school year.

McCulloch’s lawsuit is separate from a school board-approved investigation of the alleged Sunshine Act violation.

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

School directors voted 8-0 at the Aug. 11 meeting, with McCulloch abstaining, to approve $220,000 in change orders for the George Wolf HVAC project.

The purpose of the Pennsylvania Sunshine Act, also known as the Open Meetings Law, is to ensure that public agencies hold open meetings, requiring that official actions and deliberations take place at public meetings. The act includes emails.

States the lawsuit: “The Sunshine Act is remedial legislation and, as a result, must be liberally construed. ... It is clear that the object of the Sunshine Law, enacted in 1974 at a time of widespread public dismay over the Watergate disclosures of extensive secret corruption and abuse of power at the highest levels of the federal government, was to open the decision-making processes of Pennsylvania government to greater public scrutiny and accountability.”

Moreover, McCulloch’s lawsuit states: “On or about Jan. 13, 2025, the board approved bids concerning HVAC renovation at the George Wolf Elementary School in the total amount of $5,771,738.”

The minutes of the Jan. 13 school board meeting are submitted at Exhibit A.

“Work on the HVAC renovation began and continued during the summer of 2025,” states the 15-page lawsuit.

“On July 29, 2025, District Superintendent Joseph Kovalchik sent an email to the entire board concerning the HVAC renovation project, stating, among other things: ‘As the contractors move forward with the project, and remove ceiling tiles and other structures, they are discovering unforeseen issues that must be addressed.

“The memos contain detailed information about these issues and the cost for each. The changes will require board approval, but we are concerned about the timing and waiting for the board meeting on Aug. 11, 2025.

“For your information, we had no choice to implement some of these changes at this time and have you retroactively approve these items at the August meeting because of the time constraints.”

A copy of Kovalchik’s email is submitted at Exhibit B.

The lawsuit continues: “In the early morning hours of July 30, 2025, board member Ross Makary sent an email to everyone included on Superintendent Kovalchik’s email (including a quorum of the board), stating: ‘The contractor was provided early access to the ceiling area in order to prevent this exact situation. ... I will not vote yes for this without further explanation.”

Mr. Makary’s email is attached at Exhibit B.

The lawsuit states, “At 7:10 a.m. on July 30, 2025, Board President Kristin Soldridge sent an email to everyone included on Superintendent Kovalchik’s email (including a quorum of the board) to follow up on Mr. Makary’s earlier email, stating, in part: ‘To follow up on Ross’s email, I have some further questions. I am requesting CHA break down the following questions for each of the items listed in the attached document:”

A copy of President Soldridge’s email is attached at Exhibit D.

States the lawsuit, in part: “Board member Joshua Harris replied to President Soldridge’s email by sending an email to everyone included on Superintendent Kovalchik’s email (including a quorum of the board), stating: ‘I also am not OK with these sudden change orders totaling nearly 400k. I understand issues arising as well, but if there was the potential that we would have a $200,000 extra in possible units that may not be able to be reused, the board should have been notified of this ahead of time.”

A copy of Harris’ email is attached at Exhibit E.

States the lawsuit, in part: “Plaintiff, who is also a member of the Board, sent an email objecting to the legality of the making a decision outside of a public meeting: ‘I do not believe that money can be authorized until the board approves it.’”

A copy of plaintiff’s email is attached at Exhibit F.

According to the lawsuit: “Undeterred by plaintiff’s warning of illegality, Superintendent Kovalchik, at 1:13 p.m. on July 30, 2025, sent an email to the entire board stating, in part: ‘President Soldridge and I spoke this morning, I offered to pull all the workers off the site and no more work until Aug. 12. If that is the case, the school will not open on time, and we will go remote learning until the building is ready.”

A copy of Superintendent Kovalchik’s email is attached at Exhibit G.

The lawsuit continues: “Despite plaintiff’s warning, board member Doug Vaughn, at 1:47 p.m. on July 30, 2025, sent an email to everyone included on Superintendent Kovalchik’s email (including a quorum of the Board), stating, in part: ‘Based on my experience, NASD as the property owner is legally responsible for any additional costs for equipment and overtime labor. ... I commend Joe for taking the necessary actions to make sure George Wolf is ready to open. I recommend everyone gets behind him.”

A copy of Vaughn’s email is attached at Exhibit H.

The lawsuit cites: “Count I, Declaratory Relief Engaging In Deliberations Outside A Public Meeting Or Lawful Executive Session.”

The lawsuit states: “The emails attached at Exhibits B-K were all sent and received among a quorum of the board. ... The discussion of agency business with the emails attached at Exhibits B-K all were sent or received for the purpose of making a decision: namely, whether to agree to changes for the HVAC renovation project.

“Because the emails were (1) sent or received by a quorum of the board, (2) involved a discussion, (3) of agency business (changes needed concerning the HVAC renovation project) and (4) were made for the purpose of making a decision as to whether to approve changes to the HVAC renovation project, the emails constitute ‘deliberations’ or purposes of 65 Pa.C.S. § 703. The emails did not constitute a legally announced executive session.

“The board violated 65 Pa.C.S. § 704 when it engaged in the deliberation of agency business via nonpublic email exchanges.

“Here, plaintiff sent email objecting to the legality of the making a decision outside of a public meeting, see Exhibits F and I; however, members of the board and the superintendent continued to engage in deliberations among a quorum of the board via email concerning the possibility of agreeing to additional work for the HVAC renovation project.

“Worse still, Superintendent Kovalchik suggested that Board President Soldridge circumvent the open meeting requirements of the Sunshine Act by engaging in one-on-one conversations within individual members of the board. Mr. Makary acknowledged that President Soldridge actually did so.

“Based on the unique facts of this case, this court should find that the board acted with willful or wanton disregard for the Sunshine Act when it engaged in deliberations outside of a public meeting and then actively chose to circumvent the Sunshine Act by engaging in one-on-one discussions with individual board members and award plaintiff his reasonable attorney fees and costs as permitted by 65 Pa.C.S. § 714.1.

“Wherefore, plaintiff respectfully asks this Honorable Court to issue an order (1) declaring that the board violated the Sunshine Act by engaging in deliberations outside of a public meeting; and (2) awarding plaintiff reasonable attorney’s fees and costs.

A reporter emailed Kovalchik and McCulloch Aug. 31 for additional comment about the lawsuit. Kovalchick said he could not comment because the matter was a legal issue. McCulloch said he needs to talk to his counsel about the possibility of discussing it.

The school board next meets 6:30 p.m. Sept. 8 in the auditorium of Northampton Area High School, 1619 Laubach Ave., Northampton.