Two years ago, then Chair Karen Peetz, said that by 2014 all of the issues we then faced

would be a
distant memory.
Well, the issues are not a distant memory. The issues we face are not a "memory" because the issues
we face are far more impactful than short term issues like "whether the football team goes to a bowl
game".
The issues we face are more important even than the tens of millions of dollars squandered due to the
fiduciary negligence of many of this board's leaders..
More important even than the slanderous treatment of university employeesat least one of whom,
throughout his 22,000 days of service to the university, displayed more integrity, and more virtue on his
WORST day than many of the unelected members of this board could ever hope to display - collectively -
on their best.
The overriding issue we face that is MORE important than all of these things - and, in fact, is the genesis
for many of the issues we now face - is the utter lack of accountability of the majority of those charged
with providing governance
Before we can "move on" to tackling the challenges facing Penn State we must have an accountable
governance Board in place. ..
Without accountability, we cannot begin to effectively address the issue of insuring that a Penn State
education remains within the financial realities of Pennsylvania's young men and
women..
Without accountability we cannot effectively find solutions to the budgetary constraints we face in a
time of increasing costs in concert with declining public support.
I have prepared an address with details that further illuminate the lack of accountability of the majority
of this board.
(Insert: here is the more thorough treatment of the lack of accountability:
With Alumni trustees, the accountability process is clear. Trustees are elected in a democratic "one-
man, one-vote" process in which all PSU alumni are enfranchised. If it is felt that those trustees are NOT
serving the best interests of the community, they may be removed.
Both the Governor Appointed trustees and the voting ex-officio trustees are selected by the Governor.
Their accountability is to the Governor, not to the stakeholders of the University.
Agriculture trustees are selected by delegates from "Agricultural Societies" throughout the
commonwealth (a maximum of three delegates from each of Pennsylvania's 67 counties). There are
several qualification parameters a society must meet in order to have delegates recognized at the
election, and all delegates are required to be registered at the election. In order to insure the validity of
the election, there must be a proper vetting of the "agricultural societies" who had delegates recognized
at the election. So, exactly which "agricultural societies" had delegates at the last election? This
information has been repeatedly requested from the PSU BOT Director's office, who have refused to
provide this information.
Why is this information kept secret from the stakeholders (and even the other members of the Board)?
Based on the recent history of Board leadership, the most logical reason may be that the Board leaders
know that those delegates were NOT properly vetted, and the entire election process was invalid (the
results of the most recent election are currently being contested in the state courts).
Historically, the Business and Industry trustees were selected in a process similar to the agricultural
trustees - by delegates of Business and Industry interests. In 2002, an ad-hoc committee chaired by
former BOT chairwoman Cynthia Baldwin recommended that the process be changed. The
implemented changes now allow for a five member panel of existing board members (at least 3 of which
must be existing Business and Industry trustees) to select a candidate for open B&I chairs. Again, these
trustees have zero accountability to the stakeholders of the University).
Given the time constraints, perhaps we could just summarize by looking at some of the recent history of
the appointed trustee positions.
Mr Rucci was placed on the Board by Governor Corbett..Given Mr Rucci's financial and
professional dependence on the good graces of Mr Corbett one should certainly wonder who's interests
Mr Rucci is beholden to protect..Penn State's or Mr Corbett's?
(Insert: Appointed to the Board by Governor Corbett in 2014. In 2011, Rucci was appointed by
Governor Corbett to the position of Executive Director of the Pennsylvania State Lottery, at an annual
salary of $136,000. In 2013, Rucci left the PA Lottery to take a position as Government Relations Officer
with PAP Technologies. PAP Technologies is a subcontractor of Scientific Games International, which
has two contracts with the Department of Revenue to provide instant games and online lottery services.
In fiscal year 2012-13, the state paid Scientific Games $62.3 million),
Mr Dandrea was appointed to the board by an anonymous (anonymous even to other members of the
board) 5 member panel controlled by similarly unaccountable B&I trustees..Given Mr
Dandrea's personal and professional relationships to current and former "old guard" B&I trustees - one
should certainly question whether the interests being served by Mr Dandrea are Penn State's interests,
or the interest of his "old guard" controllers.
(Insert: Appointed to the Board by the five member panel for B&I Trustees in 2013, and then placed on
the exclusive Executive Committee of the BOT. Dandrea - an attorney - is a colleague of Katie Surma.
Katie is the daughter of Vic Surma, and Niece of former BOT Vice-Chair John Surma (former CEO of US
Steel). Dandrea's law office - in fact - is located in the US Steel building in Pittsburgh. Dandrea was
placed on the board by Ken Frazier and former BOT Chair Broadhurst - other non-elected, non-
accountable board members. Mr Broadhurst and his family are close personal friends of the Swansons -
Mr Dandrea's in-laws. Mr Frazier - remember the VIOXX litigation, is a professional associate of Dandrea
- a pharmaceutical liability defense attorney.)
Given the hubris of Mr Dandrea's recent propositions to reduce and further marginalize democratically
elected, accountable trustees...I think it is clear where Mr Dandrea's interests lie.
The presence of these conflicts of interest would be a non-issue IF the Board members are
accountable to the stakeholders of Penn State.
Unfortunately, no matter how negatively PSU stakeholder's may view the appointed trustees, the non-
elected trustees are "non-accountable". Would ANY of the existing non-elected trustees be selected by
a broad-based vote of the University's stakeholders? Keeping in mind that over the last 34 months the
only 9 trustee seats that ARE subject to accountability HAVE come up for election. None of those
Trustees were retained.and none of the votes were close. I think the answer to the question is that it
would be highly unlikely that ANY of the non-elected trustees would be retained.
Penn Staters will not condone the continued control of OUR University by non-authorized trustees,
many of whom have prostituted the reputation, the legacy, and the soul of OUR University in order to
serve their own self-interests.
Mr Frazier, Is there somewhere else you would rather be? Because if you don't think it is worth your
time to spend 30 minutes a month listening to the concerns of Penn Staters, perhaps you shouldn't be
sitting on the governance board of Penn State. (Insert: Frazier, Dandrea, Dambly, Silvis, Rucci and nearly
all of the Board "pirates" left the room before the public comments began. This is par for the course.
Peetz was not even at the meeting, she "phoned it in")
We see your behavior during these public comments - as you play on your laptops and turn your backs
on the very people you have an obligation to serve.
For 34 months we have been civil..and all we have received in return from the leaders of this board is
disdain, hypocrisy, lies, and condescension.
You can send your boy Dick Dandrea out here with proposals to add a THOUSAND more sycophants and
boot-lickers to this board - but surrounding yourselves with more yes-men doesn't make you rightit
doesn't even make you less wrong.
You've overplayed your hand Ken. Power is like a narcotic - it is as addictive as it is destructive.
And YOUR time is running out. We know who you are Mr Frazier.and Ms Peetz..and Mark
Dambly.and Paul Silvis..and Dick Dandreaand Keith Eckel.and Cyndi Baldwin.and Tommy
Corbett, wherever you are.
Voting rights for government officials was just fine when Tommy Corbett was selecting his proxies..but
now you are scared - and you should be. You hear that clock ticking down to November 4th.
You view ACCOUNTABILITY like a vampire views a wooden stake.
We know who you are.we know what you areand your days of piracy over this institution are
coming to an end.


Barry Fenchak