The Expected is Done....Again.

I combined three articles in one posting.



Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Sunday, February 27, 2005
A Section
Dickinson OKs 2nd campus at Penn State
ELIZABETH GIBSON Of Our Carlisle Bureau
The future of The Dickinson School of Law now rests with Penn State University and Gov. Ed Rendell. The school's board of governors yesterday gave final approval, in a 20-14 vote, to have Penn State open a second law school campus in State College.

As part of the vote, the board agreed to relinquish its authority to the university.

It was a landmark decision for the group, all lawyers and Dickinson alumni. Their debate in Trickett Hall was marked by the congeniality of longtime colleagues, but was tinged with the loss of some common ground and the knowledge they wouldn't meet again.

However, the plan could come unhinged if Rendell and Penn State can't strike a deal by June 1.

The university wants to renovate the Carlisle campus but needs state money to do so. Rendell said he'll release the money if Penn State vows to keep the Carlisle campus open more than 10 years.

Yesterday, the dickering continued but each side was optimistic.

Penn State President Graham Spanier said he is "absolutely" certain he can meet Rendell's terms.

"I have not yet spoken to the governor about this, nor has his staff proposed any specific conditions. Now that we have a final vote of the board of governors, I assume that we will complete such discussions soon," he said.

Rendell spokeswoman Kate Philips said the governor hopes to reach an agreement "in the next couple of weeks."

But the uncertainty lent fuel to board members who battled to retain their power and force Penn State to make a better offer.

After the board last month gave preliminary approval for two campuses, board members Leslie Anne Miller, G. Thomas Miller and Tom Monteverde sued the board, Penn State and others in Cumberland County Court. They aim to suspend the plan until, among things, Penn State supplies more details about the two-campus plan.

Leslie Anne Miller is Rendell's general counsel and offered to resign if her suit interfered with her dealings with Penn State. Rendell has not accepted her resignation. Miller voted by phone against the plan yesterday.

Her father, G. Thomas Miller, couldn't win majority support for a series of demands he made yesterday during the 31/2-hour meeting. They included insisting Penn State keep the Carlisle campus open at least 20 years and spend more than the $10 million promised toward Carlisle renovations.

He drew rancor from members who've been mostly silent about their support for Penn State's plan.

Member Lewis Katz said the lawsuit has delayed Penn State and Rendell in reaching terms.

J. Rodman Steele Jr. called Miller and others obstructionists. He called for an end to barbs thrown at those who support Penn State and to charges that Penn State holds hidden motives.

Yesterday, two members reversed their January votes against the preliminary two-campus plan. Without comment, U.S. Middle District Senior Judge Sylvia Rambo and Anthony Falvello, a Sugarloaf area attorney, voted for Penn State's plan.

Their votes canceled out those cast by Robert Frey and Monteverde, who yesterday were restored as voting board members. The men had been emeritus members who took part in talks but whose votes did not count last month.

Tom Ridge, the former U.S. homeland security secretary who was Pennsylvania's governor when Penn State and Dickinson merged in 2000, said that while board members have clashed over Penn State's plans, each is equally committed to Dickinson.

The board was formed as part of the merger. Its chief duty was to halt any attempt to move the school. It stepped in when Penn State proposed in 2003 to move the school from Carlisle to State College.

Penn State argued that a presence on the main university campus would enhance offerings for students and boost the law school's national rankings. But objections from the board, lawmakers and Rendell prompted the university to withdraw the proposal and instead offer a two-campus proposal. Penn State said it would renovate Carlisle and build a $60 million law facility in State College.

Serious divisions among the governors board followed.

Ridge said that, until yesterday, Dickinson was the only university-associated law school to have a board with control independent of its parent school. He voted to dissolve the board and support a campus at State College.

"I feel good about the law school's future. I feel confident that the dust will settle," Ridge said.

Carlisle Borough Councilwoman Linda Cecconello didn't share his confidence.

"In my heart of hearts, it kind of disturbs me that [the board] has given up the ship," she said.

Cecconello said she doesn't believe the university is truly committed to keeping a school in Carlisle. "I don't think Dickinson School of Law is here forever," she said.

But Spanier said the plan for two campuses is a dual commitment.

"We are committed to the-long term success of the law school in Carlisle and [State College]," he said. ELIZABETH GIBSON: 249- 2006 or egibson@patriot-news.com INFOBOX:

THE STORY SO FAR

* The Dickinson School of Law in Carlisle merged with Penn State University in 2000.

* In 2003, Penn State proposed moving the school to its main campus in State College, saying the proximity would enhance students' education and job prospects and improve the school's rankings.

* Penn State withdrew the proposal after objections from the community, lawmakers and the law school governors board. Penn State then offered to contribute $10 million toward a $50 million renovation of the Carlisle law campus and build a $60 million law campus in State College.

* Three law board members have sued Penn State and others in Cumberland County Court to, among other things, force the university to reveal how long it will operate the Carlisle law campus.

* The law school board yesterday voted 20-14 to back Penn State's two-campus plan. The vote dissolves the board and gives Penn State permanent control over the school's location. The decision could be voided if Penn State doesn't agree with Gov. Ed Rendell by June 1 on state grant money Penn State will use in Carlisle.

* If Penn State and Rendell agree on terms, Carlisle renovations are to begin by September. Sites and designs for the State College campus are being considered.

HOW THEY VOTED Those voting for the two-campus plan: H. Laddie Montague Jr., board chairman, Philadelphia Zygmunt R. Bialkowski Jr., Scranton Ward A. Bower, Newton Square William R. Caroselli, Pittsburgh J. Michael Eakin, Harrisburg Anthony C. Falvello, Sugarloaf Lewis Katz, Cherry Hill, N.J. Edwin L. Klett, Pittsburgh Sidney D. Kline Jr., Reading Michelle Moore, Atlanta Christylee Peck, Harrisburg Sylvia H. Rambo, Harrisburg Tom Ridge, Washington, D.C. Dale F. Shugart Jr., Carlisle Donald C. Smaltz, Torrence, Calif. J. Rodman Steele Jr., West Palm Beach, Fla. Tracy L. Steele, Philadelphia Donald C. Taylor, Wilmington, Del. Nathan H. Waters Jr., Harrisburg LeRoy S. Zimmerman, Harrisburg Those against the two-campus plan: Helen S. Balick, Wilmington, Del. Robert M. Frey, Carlisle Kathleen P. Galop, Madison, N.J. Hubert X. Gilroy, Carlisle M. Fletcher Gornall, Erie Jason P. Kutulakis, Carlisle Joan Dawley Maher, Carlisle G. Thomas Miller, Harrisburg Leslie Anne Miller, Harrisburg Tom P. Monteverde, Philadelphia Joseph Nadel, San Francisco, Calif. Arthur L. Piccone, Wilkes- Barre Michael T. Traxler, Carlisle Sandor Yelen, Wilkes-Barre Jan R. Jurden, Wilmington, Del., did not attend.
TABULAR OR GRAPHIC MATERIAL SET FORTH IN THIS DOCUMENT IS NOT DISPLAYABLE


PHOTO; JOE HERMITT; Caption: Former Gov. Tom Ridge voted in favor of opening a second Dickinson School of Law campus in State College.; G. Thomas Miller wanted the board to require that Dickinson School of Law remain in Carlisle for at least 20 years.


Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, February 27, 2005
A
Dickinson board approves two-campus agreement
From CDT staff reports
The board of governors of The Dickinson School of Law voted 20-14 today to approve an agreement with Penn State to creates a dual-campus law school. Penn State spokesman Tysen Kendig said the university had expected the law school board's approval of a plan to retain the Carlisle campus for at least 10 years and have another campus at the university's headquarters just outside State College.

Laddie Montague Jr., chairman of Dickinson's board of governors, said each campus will "offer unique opportunities," the Centre Daily Times reported.

The university's trustees voted to accept the plan Jan. 21.

A lawsuit filed by board members who oppose the dual-campus plan alleges that the plan would "unilaterally terminate" a deal that required Penn State to keep the law school permanently in Carlisle and maintain it as the primary location.

The lawsuit is still pending in Cumberland County court.


Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, February 27, 2005
A
Board approves law school plan
asmeltz@centredaily.com
By Adam Smeltz The Dickinson School of Law officially cleared the way Saturday for a dual-campus plan, approving a formal agreement with Penn State despite a pending lawsuit.

At a meeting at Dickinson's Carlisle campus, the school's board of governors voted 20-14 in favor of the plan. It calls for the Carlisle campus to be improved and remain in place for at least 10 years while a second branch -- a $60 million law school building -- gains footing at University Park.

H. Laddie Montague Jr., chairman of Dickinson's board, said Saturday that each campus will "offer unique opportunities."

Edwin Klett, of Pittsburgh, another member of the board, said he had no reservations about the agreement.

And member Don Smaltz, of Rancho Palos Verdes, Calif., said the plan will allow students to continue to work at Harrisburg-area agencies and give them access to "the halls of academia" at University Park.

"Just because there's a time agreement written, I don't expect the campus at Carlisle would be closed," Smaltz said.

Tysen Kendig, a Penn State spokesman, said the university expected -- and applauds -- the board's vote. Penn State's trustees voted to accept the plan Jan. 21.

Kendig said university officials need to talk with Gov. Ed Rendell about the release of state funds for the project and to work on additional fund-raising campaigns. Then they can move forward with specific plans for the campuses, he said.

"All the other road blocks seem to have been cleared," Kendig said.

Still, a lawsuit intended to halt development of the University Park component remains unresolved. Some members of Dickinson's board have alleged that Penn State used "mind control, economic duress and intimidation" to win support for the dual-campus plan.

The case, first heard Feb. 18, will go before a judge in Cumberland County again next month.

Dickinson, established in 1834, completed a merger with Penn State in 2000. Philip J. McConnaughay, the school's dean, proposed in 2003 to relocate Dickinson to University Park and to close the Carlisle campus. But the idea lost momentum when Carlisle leaders vigorously opposed it.

Law school meeting may get a bit feisty

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Friday, February 25, 2005
Local/State
Law school meeting may get a bit feisty
ELIZABETH GIBSON Of Our Carlisle Bureau
There's little chance tomorrow's meeting of The Dickinson School of Law's board of governors will be a rubber-stamp gathering. The board will vote on a final agreement with Penn State University to build a second law campus in State College and to hand board control over the school to the university.

A preliminary plan won board approval last month, but the vote was so close -- 17-14 -- that many expect a protracted battle as opponents fight to reverse the outcome.

Three board members failed in a court bid for a temporary injunction to halt the plan.

But the suit filed in Cumberland County Court by G. Thomas Miller, Leslie Anne Miller and Tom Monteverdi is still active.

They want the court to, among other things, force Penn State to show why a second campus is needed and to reveal how long it will operate the Carlisle campus.

Since the board's January vote, university trustees endorsed the plan and Penn State officials made revisions for a final agreement.

It's unknown whether all 33 law board members will attend. Only two were absent in January: former U.S. Homeland Security Secretary Tom Ridge and New Jersey Nets owner Lewis Katz.

Ridge will attend tomorrow's meeting at 9:30 a.m. in Dickinson's Trickett Hall, said board chairman H. Laddie Montague Jr.

Ridge has advocated keeping Dickinson in Carlisle. He was triumphant when he emerged from a law board meeting last summer and announced that Penn State's original plan to completely move the law school to State College was off the table.

Penn State's preliminarily approved plan calls for the university to contribute $10 million toward a $50 million renovation of the Carlisle law campus and to build a $60 million law campus in State College.

Gov. Ed Rendell promised state money up to $25 million for Carlisle renovations if Penn State agrees to a long-term commitment to maintain it there.

Rendell is expected to specify the term length, but Montague said Rendell hasn't released the condition to Penn State.

That ambiguity alone is enough for board member Jason Kutulakis to again vote against the plan. "I don't know how anyone can vote for an agreement without ... knowing the terms," he said.

Kutulakis said he'll also repeat a demand to delay board actions until six people can be appointed to fill empty board seats.

He and other board members are still bristling over time limits placed on their comments during January's meeting and will demand a full airing of the issue tomorrow.

"Limiting time to speak when you are dismantling a 170-year-old entity is preposterous," Kutulakis said. ELIZABETH GIBSON: at 249- 2006 or egibson@patriot-news.com INFOBOX: THE STORY SO FAR

* The Dickinson School of Law in Carlisle merged with Penn State University in 2000.

* In 2003, Penn State proposed moving the school to its main campus in State College, saying the closeness would enhance students' education and job prospects and improve the school's rankings.

* Penn State withdrew the proposal after objections from the community, lawmakers and the law school governors board, which doesn't run the law school but can veto any plan to move it. Penn State then offered to renovate the Carlisle law campus and open a second campus in State College.

* The law school board and PSU trustees last month approved preliminary plans for two campuses. The plan also calls for the governors board to dissolve.

* Three law board members have sued Penn State and others in Cumberland County Court to, among other things, force the university to reveal how long it will operate the Carlisle law campus.

Governor says: "Quit Fighting PSU or Lose Your Job"

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Wednesday, February 23, 2005
Local/State
Lawyer may have to quit over lawsuit, Rendell says
PETER L. DeCOURSEY Of The Patriot-News
Gov. Ed Rendell said yesterday that if his top lawyer won't drop a private lawsuit she filed to block construction of a law school at Penn State University, then he might "have to accept her resignation ... unhappily." Rendell is negotiating a deal with Penn State and The Dickinson School of Law in Carlisle. He is seeking a commitment from Penn State that it would operate the law school in Carlisle for many years and has promised state aid for improvements in Carlisle.

The governor's general counsel, Leslie Anne Miller, and two other people are suing to halt construction of the law school in State College. Miller is a member of The Dickinson School of Law Board of Governors.

Penn State merged with the law school in 2000. Last year, Penn State pushed the law school board to approve the construction of a State College campus. Some law school board members feared it would lead to the end of the law school in Carlisle.

The board, including midstate native Miller, voted to reject that plan last summer, but reversed itself early this year, despite Miller's opposition.

Miller, her father, G. Thomas Miller, and Thomas Monteverde -- all members of the Dickinson law school board -- filed the suit to halt the law school in State College.

Yesterday, when asked whether he would accept Miller's offer to resign if Rendell were concerned by the lawsuit, the governor said he would make the best deal he could with Penn State before releasing the state money for Carlisle improvements.

If the lawsuit continued past that point, Rendell said, despite Miller disqualifying herself from that litigation, "It may present some just inevitable conflicts, to the point where I would have to accept her resignation."

Miller declined to comment.

Rendell became involved because the state agreed to spend $25 million to renovate and expand the Carlisle campus.

Miller was unhappy with the board's changed position, then filed the suit, without notifying Rendell until the day the suit was filed.

The lawsuit seeks to halt Penn State from building a State College campus. It also seeks to compel Penn State to formalize a multiple-decade commitment to the Carlisle campus of the law school.

Rendell said he thought the board "had no choice" but to accept the two-campus proposal. But he vowed to lengthen Penn State's 10- year commitment to the Carlisle site.

While observers said it was unprecedented for Miller, the administration's top lawyer, to sue to stop a deal the governor was negotiating, she noted her long ties to Dickinson and the community. She also said the governor told her in mid-January to act as she chose on this issue.

Miller denied that her lawsuit did anything more than strengthening Rendell's negotiating position, "to help him get more," from Penn State.

But Miller turned down a chance last week to meet with the administration and Penn State President Graham Spanier to settle the dispute.

Rendell said he asked his deputy chief of staff, David Myers, to discuss a possible settlement with the Millers and Monteverde.

At a news conference yesterday, Rendell said Myers asked the litigants whether it would be acceptable to them if Penn State made a longer commitment to a Carlisle campus.

"They said, 'maybe,' but then they came up with another array of changes they wanted to be made."

Charles Rubendall, attorney for the Millers and Monteverde, said the lawsuit seeks to keep the dean and other major administrators in Carlisle.

"Screw Dickinson, We're Going Ahead With Our Plan," says PSU

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Thursday, February 24, 2005
A
PSU mulls sites for law facility
adanahy@centredaily.com
By Anne Danahy COLLEGE TOWNSHIP -- Penn State administrators are eyeing two sites for the Dickinson School of Law's University Park campus and plan to decide by this fall where the $60 million building will go.

The facility could be built behind the Bigler Road flower gardens on the north side of Park Avenue or at the corner of Park Avenue and University Drive, where the women's softball field is now located. The university had already planned to move the field.

Penn State President Graham Spanier spoke about plans for the law school during a meeting with the Centre Daily Times editorial board Wednesday.

He said the plan is to build a facility at University Park that has the same stature as the new $68 million, 210,000-square-feet Smeal College of Business Building on Park Avenue or the $58 million IST Building that crosses Atherton Street and takes up almost 200,000 square feet.

He said the university will pay for most of the estimated $60 million cost through its bond financing plans.

And Spanier said he has begun meeting with potential donors to raise money to renovate and expand the aging law school campus in Carlisle. The agreement between Penn State trustees and the law school's board of governors that allows construction of a University Park campus also calls for an estimated $40 million in renovations to the Carlisle facility.

Gov. Ed Rendell has promised to match the money raised for the Carlisle renovations, up to $25 million.

The fund-raising will last for about six months, and its success will determine the scope of the Carlisle renovations, Spanier said. "We're focusing all of the fund-raising right now for the Carlisle building project," he said.

The university will probably appoint one architect for both the Carlisle and University Park projects. That could happen, at the earliest, in September. Development of the design would take about a year, Spanier said, after which construction would begin.

The Carlisle renovations will take place at the same time or slightly ahead of the University Park project, he said.

Spanier said an advantage to the site behind the flower garden is that it would put the law school facility next to the planned arboretum, and near the Smeal College of Business, the College of Agricultural Sciences and other colleges.

The University Drive site also would be close to other colleges, and a law school at that site would be the first academic building that people driving to the university from the interstate would see.

Details of changes to the law school's administrative structure haven't yet been worked out, Spanier said. The law school dean would have offices at both campuses, but would likely end up spending more and more time in State College and eventually living near the University Park campus. An associate dean could be based out of the Carlisle campus.

Spanier said there are too many variables to estimate the law school's total enrollment with two campuses. About 175 new students enrolled at Dickinson this year. That number would not double when the University Park campus opens, but could increase to about 250 students, he said. The university's goal, however, would be to hold enrollment at University Park to 42,000 students.

Both campuses would offer law degrees, continuing education courses and master's degree programs, but may vary in other aspects. Spanier said the Carlisle campus would have more opportunities to focus on government and public service law, while University Park will have more opportunities for dual degrees in joint programs, such as a degree in law and business.

"This is a very significant trend in legal education and will become more significant in the coming years, and, indeed, is one of the principal reasons why this discussion started in the first place," Spanier said.

Current law school faculty will get to choose where they want to be based, and the university will likely hire some additional faculty, he said.

Three members of the law school's board of governors have challenged the two-campus agreement in Cumberland County Court. A hearing began Friday and is scheduled to resume March 4.

"Reason has to be restored. ...We really need to start over."

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Saturday, February 19, 2005
Local/State
Dickinson board may vote next weekend on 2-campus plan
MATT MILLER Of Our Carlisle Bureau
The Dickinson School of Law's board of governors might take a final vote on a contested two-campus plan next Saturday, even though a legal battle is being waged over the proposal. The board last month tentatively approved a multimillion-dollar plan to renovate the school's Carlisle campus and create an affiliated law school at Penn State University's main campus in State College.

That vote is being challenged in a lawsuit filed against the board of governors and Penn State by three governors who claim the two-campus plan is not in the law school's best interest and could result in it leaving Carlisle.

One of the governors, G. Thomas Miller, testified for nearly five hours yesterday, trying to convince Cumberland County Judge Edward E. Guido to void the board's January vote.

Miller, a former Dauphin County judge, told Guido he is convinced university officials manipulated the law school governors into accepting the two-campus idea by threatening to withdraw financial support and create their own law school.

Dickinson merged with Penn State in 2000.

"I felt that we were intimidated and coerced by the university to enter into the agreement because of the size of its financial domination," Miller said.

He criticized the proposal's requirement that the board of governors vote itself out of existence -- giving Penn State control over the law school's location -- and the fact that the plan doesn't guarantee the school would remain in Carlisle for more than 10 years.

The governors and the university trustees have approved a memorandum of understanding for the two-campus plan.

The governors voted 17-14 to support it. Miller and the others who brought the suit -- Tom Monteverde and Miller's daughter, Leslie Anne Miller -- were among the dissenters.

Next Saturday's meeting was called for the governors to take a final vote on the proposal, which G. Thomas Miller called "a totally impossible document from the perspective of the future of the law school."

The law school board is violating its duty to protect the law school's interests, he insisted, and its decision to disband is illegal under the terms of the merger pact.

Guido asked why the governors shouldn't be allowed to vote on the final plan. After all, he said, they might shoot it down.

"I don't think it's practical or realistic to think that might happen," Miller said.

The two-campus plan "has to be brought to a halt at this time," he said. "Reason has to be restored. ...We really need to start over."

James M. Horne, the university's lawyer, asked Miller if he thinks the governors -- all "Dickinson-trained lawyers," including a state Supreme Court justice and a former attorney general -- are incapable of making the right call.

"Absolutely," Miller replied.

Guido scheduled the hearing on the case to resume March 4.

Jack Stover, the law school board's attorney, said next Saturday's meeting will proceed. MATT MILLER: 249-2006 or mmiller@patriot-news.com

High Pressure from Penn State Led to Decision, says Dickinson Lawyer

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Saturday, February 19, 2005
A
Dickinson hearing ends with no decision; Three law school board members oppose building two campuses
The Associated Press
By Martha Raffaele CARLISLE -- An attorney for The Dickinson School of Law board members who oppose starting a second law school site in State College argued Friday that the school's governing board only agreed to the plan because of pressure from Penn State.

"While it appears the parties negotiated and contracted to change their arrangement, all of the decisions were procured by a campaign of mind control, economic duress and intimidation," said the lawyer, Charles W. Rubendall II.

Rubendall represents three members of the law school's board of governors who filed a lawsuit Feb. 3 to block the construction of a second campus on Penn State's University Park campus.

Penn State and The Dickinson School of Law merged beginning in 1997. The lawsuit alleges the two-campus plan would "unilaterally terminate" a deal that required Penn State to keep the law school permanently in Carlisle and maintain it as the primary location.

A five-hour hearing over the request for a preliminary injunction ended inconclusively Friday, with Cumberland County Judge Edward E. Guido ordering the parties to return early next month.

Penn State officials did not respond during the court hearing, but spokesman Steve MacCarthy disputed allegations of pressure.

"The notion that this board -- that was made up of all lawyers -- was somehow unaware of what was going on just doesn't make any sense," MacCarthy said.

The university simply wants what's best for the law school, he said.

The plaintiffs -- Leslie Anne Miller, Gov. Ed Rendell's general counsel; her father, lawyer G. Thomas Miller; and emeritus board member Tom Monteverde -- were among those on the losing end when Dickinson's board voted 17-14 to accept Penn State's proposal on Jan. 15.

The new plan calls for Penn State to keep the Carlisle campus open for at least 10 years while it develops the University Park campus, and it would dissolve the merger agreement and the law school board of governors by Aug. 1.

Rendell wants Penn State to extend its 10-year commitment to Carlisle, but he will not guarantee that the law school would remain there permanently. The lawsuit hinges on whether the law school board acted properly in consenting to the two-campus plan.

"I felt that we were intimidated and coerced by this university to enter this arrangement because of its size and its financial domination," G. Thomas Miller testified.

Dickinson's attorney, Jack Stover, asked Miller why he could not press his case at a board meeting scheduled next weekend, when the deal is expected to be finalized. Miller said that debate had been very limited at the Jan. 15 meeting.

"It was a very pressured-type, hurried meeting. I suspect that the Feb. 26 meeting will be even more so," he said.

Established in 1834, Dickinson has been largely under Penn State's control since the merger was completed in 2000.

In autumn 2003, law school Dean Philip J. McConnaughay proposed closing the Carlisle campus entirely, saying a relocation to State College would improve the law school's reputation and provide more joint-degree programs with Penn State. Community leaders in Carlisle opposed the idea.

Dickinson's board first voted in June to study a two-campus option at Penn State President Graham Spanier's request, but tabled the idea amid questions about whether the university would permanently maintain the Carlisle location.

Governor's Lawyer Sues to Prevent Penn State from Screwing Dickinson

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Friday, February 18, 2005
Dickinson suit puts counsel to Rendell in unusual spot
PETER L. DeCOURSEY Of The Patriot-News
It's not unusual for Gov. Ed Rendell's top legal adviser to handle a lawsuit. But legal experts say it is unusual for a governor's lawyer to file a suit to block one of his own deals.

Leslie Anne Miller, general counsel to Rendell and a member of the board of The Dickinson School of Law, has filed a suit to derail a deal the governor is negotiating with Penn State University and the law school.

The suit seeks to stop Penn State from building a $60 million campus for the law school in State College.

Rendell has promised $25 million for renovations in Carlisle if Penn State also maintains the existing Dickinson law school campus there.

Since filing the suit, Miller has offered to resign. She said she has heard nothing from the governor and the issue hasn't come up in her conversations with him.

"We've never had a governor be that flexible before to allow that kind of independence from a position that is supposed to speak with the governor's voice and carry out his will, and only his will," said Paul B. Beers, who has published histories of Pennsylvania and its governors. "You can't have a lone wolf in that position.

"This is the kind of thing, historically, that usually leads to an accepted resignation in a few months, once it dies down a little bit."

Senate Republican general counsel Stephen C. MacNett has worked with the governor's attorneys for two decades.

While agreeing with Miller's action, he added, "This is very unusual to have a general counsel not act in the sole character of the governor's lawyer."

Legally, Miller did nothing wrong, said Gregory Harvey, former chair of the City Board of Ethics in Philadelphia.

Harvey said that among major corporate general counsels, balancing acts like Miller's are "unusual but not unprecedented."

It's up to Rendell, Harvey said, to decide if Miller is handling her responsibilities appropriately.

Kate Philips, Rendell's spokeswoman, said the governor was trying to resolve the situation.

She said he "has obviously not accepted" Miller's resignation, and then declined comment.

Miller and her father, G. Thomas Miller, and a third member of The Dickinson School of Law Board of Governors filed the suit.

Initially, a majority of the board voted with them.

But in January, the Dickinson board reversed its decision.

That reversal, Miller and administration sources confirmed, came after board members -- including state Supreme Court Justice J. Michael Eakin, former Attorney General LeRoy Zimmerman and Rendell ally and fund-raiser Lewis Katz of New Jersey -- talked privately with Rendell and also separately with Penn State officials.

The governor's role was vital because Rendell confirmed the state's $25 million could be spent only on the Carlisle site.

Miller said she acted as Rendell's "messenger" to the board only regarding the subject of potential state funding.

"I never advised the governor on the Penn State/Dickinson situation," she said.

"The governor has kept his own counsel on this issue and never sought my counsel."

In fact, Miller said, "if I had been 'advising the governor,' I would have been included in the meetings" between Rendell and members of the board, including Eakin, Zimmerman and Katz. "I was not."

Miller said she discussed her opposition to the two-campus plan with Rendell in January and said Rendell told her, "I was free to do whatever I chose on this issue, not that I need the governor's permission."

Rendell has said, "the board had no other choice but the Penn State plan, if Dickinson was to survive," and is trying to get Penn State to extend its 10-year guarantee to keep a campus in Carlisle.

Miller said, "I believe my lawsuit supports his position. ... It strengthens his hand."

Miller says she did not determine when the lawsuit would be filed, and sent Rendell a copy on Feb. 3.

"I believe that I am acting responsibly in my fiduciary capacity as a member of the board of governors of the Dickinson School of Law, and, simultaneously, respectfully as the governor's general counsel," Miller said. "But in the end, I have full confidence in my decision."

DSL is nothing but an annoying pest, says Penn State after stealing Dickinson's accreditation and reputation with promises it never intended to keep

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Tuesday, February 15, 2005
Community
PSU law school suit called 'harassment'
ELIZABETH GIBSON Of Our Carlisle Bureau
A suit against Penn State University and the board of governors of The Dickinson School of Law is baseless and could threaten funding for renovations of the school's Carlisle campus, the defendants said. In yesterday's filing in Cumberland County Court, law school board chairman H. Laddie Montague said the suit amounted to "little more than a harassment."

He has asked the court to force three law board members who filed the suit to post a bond to cover the potential loss of $20 million in financing.

Former Dauphin County Judge G. Thomas Miller, his daughter Leslie Anne Miller and Tom Monteverde are suing Penn State, president Graham Spanier, law school Dean Philip McConnaughay and the governors board. They seek to halt plans to build a law campus in State College.

Penn State has agreed to build a $60 million law campus in State College. It has pledge $10 million for upgrades for Carlisle, and will attempt to raise $15 million by July 1.

Montague said court proceedings would delay the fund-raising campaign.

Gov. Ed Rendell has promised a matching $25 million state grant on the condition that Penn State maintains the Carlisle campus for up to 15 years.

Leslie Anne Miller, general counsel for Rendell, said her suit against Penn State does not pose a conflict of interest.

"There is no conflict whatsoever," she said. Miller said she filed the suit as a private citizen.

"I have recused myself from any involvement whatsoever in any [governors office] dealings with the university. I was never included in [those dealings] from the very beginning," she said.

Group seeks Dickinson commitment to Carlisle

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Tuesday, February 8, 2005

Group seeks Dickinson commitment to Carlisle; Complainants want to ensure that PSU law school stays put
adanahy@centredaily.com
By Anne Danahy CARLISLE -- A complaint filed Thursday in Cumberland County Court aims to stall an agreement between The Dickinson School of Law and Penn State that allows for a two-campus law school.

G. Thomas Miller, a member of Dickinson's board of governors and one of the complainants, said Monday that they want to halt enforcement of the agreement until it is modified to guarantee the school will stay in Carlisle.

"We wish to see a much longer commitment to maintaining the Carlisle campus of the law school than the university has proposed," he said. "They only want to guarantee 10 years in Carlisle. We don't think that's a long-term commitment."

In addition to Miller, board member Leslie Anne Miller and emeritus member Tom Monteverde filed the complaint. A hearing is scheduled for Feb. 18.

On Jan. 15, the board of governors voted 17-14 to approve an agreement with the university that allows for a campus at University Park in addition to the current one in Carlisle. The agreement says the university would keep the Carlisle campus open for at least 10 years, and university officials have said there are no plans to close it.

Dickinson's board of governors had planned to meet the last weekend in February to sign the final agreement on the two-campus plan, but now is holding off on scheduling that meeting until after the hearing, a law school spokeswoman said.

The law school and Penn State became affiliated in 1997. Under the agreement, the law school's board of governors has final authority over the school's location. The new agreement replaces the board from 1997 and includes the appointment of a new seven-member board.

The Penn State board of trustees approved the two-campus deal Jan. 21. The university plans to spend as much as $40 million to renovate the Carlisle campus, including $10 million from Penn State.

University spokesman Bill Mahon said Penn State is moving ahead with those plans.

Dickinson board members challenge two-campus plan

Centre Daily Times (c) Copyright 2005, Centre Daily Times. All Rights Reserved.
Sunday, February 6, 2005

Dickinson board members challenge two-campus plan
From staff and wire reports
CARLISLE -- Three members of the Dickinson School of Law's board of governors have asked a court to block a two-campus plan agreed on last month by Penn State and a majority of the law school board, fearing it may signal the eventual disappearance of the Carlisle campus. The three opponents, G. Thomas Miller, Leslie Anne Miller and emeritus member Tom Monteverde, said in a complaint filed Thursday in Cumberland County Court that the original 1997 merger of the schools required Penn State to keep the law school in Carlisle forever and maintain the campus as the law school's primary location.

The plan proposed by Penn State and approved by a 17-14 vote of the board on Jan. 15 is an attempt to "unilaterally terminate the merger agreement," the complaint said.

The new plan, which was approved by the Penn State board of trustees on Jan. 21, says the university would keep the Carlisle campus open for at least 10 years while it develops a second campus at University Park. It would dissolve the 1997 merger agreement and the law school board of governors by Aug. 1.

Replacing the governors, according to the plan, will be a new seven-member board. Penn State President Graham Spanier will appoint three members from the current board.

And current Dickinson board President H. Laddie Montague Jr. also will serve on it and appoint three other members.

The opponents asked the court to rule that Penn State has no right to do any of this.

Spanier, who was named as a defendant in the complaint, said last month that Penn State has no intention of closing the Carlisle campus.

"We expect to be in Carlisle for the long term," Spanier said. "This is not a short-term proposition for us."

Under the new agreement, Penn State will pour up to $40 million into renovations at the Carlisle campus. Spanier has said the university's board of trustees could appoint an architect to work on renovating the Carlisle campus as early as September. Renovations there could be finished in as few as four years.

Meanwhile, Spanier has said plans for the University Park campus could take place at the same time or start soon after the work in Carlisle begins.

The 32-page complaint filed by the plan opponents notes that Penn State attempted in 2003 to relocate the entire law school to State College.

By last June, that proposal was replaced by the two-campus proposal.

"The lawsuit, which we believe to have no merit, will not weaken our resolve to provide outstanding educational opportunities in Carlisle and at University Park for our current and future students," said Bill Mahon, a university spokesman.

Cumberland County Judge Edward Guido will preside over the case, scheduled for noon Feb. 18 at the Cumberland County Courthouse, according to a report by the Carlisle Sentinel.

Suit seeks to stop PSU's 2-site plan for Dickinson

Patriot-News Copyright (c) 2005 Bell & Howell Information and Learning Company. All rights reserved.
Saturday, February 5, 2005

Suit seeks to stop PSU's 2-site plan for Dickinson
ELIZABETH GIBSON Of The Patriot-News
A lawsuit that seeks to block Penn State's plan to open a Dickinson Law campus in State College won't keep the university from meeting its two-campus goal, university officials said. In a statement released yesterday, the university said the suit was worthless.

"The lawsuit -- which we believe to have no merit -- will not weaken our resolve to provide outstanding educational opportunities in Carlisle and at University Park for our current and future students," the statement said.

Penn State; its president, Graham Spanier; the law school's dean, Philip McConnaughay; the school's board of governors; and board Chairman H. Laddie Montague Jr. are named in the suit filed by three members of the governors board: G. Thomas Miller, Leslie Anne Miller and Tom Monteverde.

The Millers and Monteverde have asked the court to halt plans to open a second campus of The Dickinson School of Law until a hearing can be held.

They also asked the court to force Spanier and McConnaughay to reveal how long they plan to operate the Carlisle campus.

The three plaintiffs voted against a second campus when the board of governors last month approved the plan, 17-14.

Penn State and Gov. Ed Rendell are negotiating conditions for a $25 million matching grant for the Carlisle renovations. During a visit to Carlisle, Rendell this week said he is seeking to force Penn State to keep the law school in Carlisle for at least 15 years.

Rendell said he is pushing for an arrangement that would ensure the law school reverts to Carlisle control should Penn State sever its tie to the school.

The current board of governors was formed when Penn State and Dickinson merged in 2000. The board was formed to hold Penn State to its promise to keep the school in Carlisle. The university now plans a $60 million law campus in State College and a $40 million to $50 million renovation of the Carlisle campus. Penn State pledged a $10 million contribution toward renovations.

The Millers and Monteverde contend Penn State has used its financial power to coerce the board into accepting the two-campus plan.

"Penn State placed the board in an untenable and unfair position completely inconsistent with the letter and spirit of the merger agreement and prevented the board from making a free and unfettered decision based solely on the relative educational merits of keeping the law school in Carlisle exclusively, moving it to another location, or allowing a second campus to be created," their suit said.

They also claim Penn State violated its merger agreement with the law school by approaching Dickinson College about taking over the law school. The college is next to but not affiliated with the law school.
Penn State called the lawsuit an attempt to "thwart the efforts of their colleagues and the university to enhance the stature of The Dickinson School of Law."

The three plaintiffs said Penn State has never produced evidence that supports its claim that a State College presence will help it draw students with higher scores and boost the school in national rankings.

They are asking the court to force Spanier and McConnaughay to deliver that evidence by Feb. 13. Staff writer Dan Miller contributed to this report. INFOBOX:

THE STORY SO FAR

* The Dickinson School of Law in Carlisle merged with Penn State University in 2000.

* In 2003, Penn State proposed moving the school to its main campus in State College. Law school Dean Philip McConnaughay contends closer interaction with the university would enhance students' education and job prospects and improve the school's rankings.

* Penn State withdrew the proposal after objections from the governors board, lawmakers and the community.

* The law school board and PSU trustees last month approved preliminary plans for two campuses. The board and trustees expect to vote on a final two-campus plan by this summer.