Penn State Trustee Is Employee Not Protected from Retaliation

Penn State Trustee Is Employee Not Protected from Retaliation

Court says trustee may be removed from office after seeking information to fulfill fiduciary duty

A federal District Court in Pennsylvania has ruled that an alumni trustee on the Board of Pennsylvania State University is a “public employee” who can be removed from office by the Board and not a “public official” who cannot be retaliated against for exercising his free speech rights under the Constitution.  It has dismissed former trustee Barry J. Fenchak’s claim that he was “deliberately retaliated against” for his “exercise of speech.”

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