‘SMIGEL, ANDERSON & SACKS, LLP Adam G. Klein, Esq) iver Chase Office Center LD.No. $2283, 4431 North Front Street, 3rd Floor Michael R. Kelley, Esquire Harrisburg, PA 17110-1778 LD. No. 38854 (717) 234-2401 Randall S. Pajovich, Esquire LD. No. 320821 Attorneys for Petitioner COMMONWEALTH OF PENNSYLVANIA STATE BOARD OF EDUCATION RECEIVED IN RE: ERIE COMMUNITY COLLEGE, DEC 19 2019 EVIDENTIARY HEARING PA.STATE BOARD OF EDUCATION ORDER AND NOW this day of , 2019, Petitioner’s request to Intervene in the March 18, 2020 Evidentiary Hearing is hereby GRANTED.SMIGEL, ANDERSON & SACKS, LLP Adam G, Klein, Esquire River Chase Office Center LD.No. $2283, 4431 North Front Street, 3rd Floor Michael R. Kelley, Esquire Harrisburg, PA 17110-1778 LD. No. s8854 (717) 234-2401 Randall S. Pajovieh, Esquire LD. No, 320821 Attorneys for Petitioner COMMONWEALTH OF PENNSYLVANIA STATE BOARD OF EDUCATION IN RE: ERIE COMMUNITY COLLEGE, EVIDENTIARY HEARING PETITION TO INTERVENE, AND NOW, Petitioner Brent Davis (“Petitioner”) by and through his undersigned counsel, files the following Petition to Intervene, and in support thereof states as follows: ‘THE PARTIES 1 Petitioner, Brent Davis, is an adult individual that resides at 609 East Gore Rd., Erie, PA 16509 (hereinafter, “Petitioner”). rs Erie County is a body of politic of the Commonwealth of Pennsylvania, with a principal place of business at the Erie County Courthouse located at 140 West Sixth St., Eric, PA 16501. at Erie Community College is a proposed community college to be located in Erie County (hereinafter, “Community College”)PROCEDURAL HISTORY 4. On June 27, 2017, Erie County council voted 4-2, with one abstention, for Erie County to act as a local sponsor for the proposed Community College. 5. On June 30, 2017, the office of the Erie County Executive sent the application for the Community College to the Pennsylvania Board of Education (hereinafter, “Board”), to seek state approval as required by law. 6. On July 3, 2017, the Erie County Community College Plan and accompanying documents were delivered to the Board in Harrisburg, and such item was placed on the Board's agenda for a July 12, 2017 meeting. 7, On July 12,2017, the Board approved a resolution establishing a special committee (hereinafter, “Committee”) to gather information on the Community College proposal. 8. On September 13, 2017, the Committee held its first public meeting and requested information from the Governor’s Office about community colleges as required by Section 1902- A of the Public-School Code. 9. On February 16, 2018, Erie County submitted its responses to the supplemental questions posed by the Committee on the Erie County Community College Plan. 10. On November 14, 2019, the Board members voted against taking final action on the proposed Community College Plan. 11. At the November 14, 2019 hearing, the Board approved a motion to hold an evidentiary hearing (hereinafter, “Evidentiary Hearing”) on the Community College with Erie County within the next six months. 12, The Evidentiary Hearing has now been set for March 18, 2020 and will be held at the Raymond M, Blasco, M.D. Memorial Library, 160 East Front Street, Erie, PA 16507,LEGAL ARGUMENT FOR INTERVENTION 13. Petitioner seeks to intervene in the March 18, 2020 Evidentiary Hearing to represent the unchallenged government actions of Erie County with respect to the Community College. 14, Pursuant (o I Pa, Code § 35.28 “Eligibility to intervene”: (a) Persons. A petition to intervene may be filed by a person claiming a right to intervene or an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought. The right or interest may be one of the following: (1) A right conferred by statute of the United States or of this Commonwealth. (2) An interest which may be directly affected and which is not adequately represented by existing parties, and as fo which petitioners may be bound by the action of the agency in the proceeding. The following may have an interest: consumers, customers or other patrons served by the applicant or respondent; holders of securities of the applicant or respondent; employes of the applicant or respondent; competitors of the applicant or respondent. (3) Other interest of such nature that participation of the petitioner may be in the public interest. (b) Commonwealth, The Commonwealth or an officer or agency thereof may intervene as of right in a proceeding subject to this part. 1 Pa, Code § 35.28 15, General Rules of Administrative Practice and Procedure (hereinafter, “GRAPP") provide that a person seeking intervention in agency proceeding must have interest which may be directly affected. GRAPP does not require demonstration of a, “direct, immediate, and substantial interest,” which is the traditional test for standing, 1 Pa.Code § 35.28(a)(2); See also Bensalem Racing Association, Ine. v, Pennsylvania State Harness Racing Com’n, 19 A.3d 549 (Pa, Commw. 2011). 16, Under GRAPP, it is not necessary for a person secking intervention in an administrative proceeding to show that he or she is “suffering present harm” or will definitively “suffer harm in the future”. Id17. A competitor's pecuniary interest in the outeome of an administrative proceeding ‘can support intervention, Id, see also MBC Pennsylvania Racing, Inc. v. Pennsylvania State Horse Racing Commission, 827 A.2d 580 (Pa, Cmwlth.2003) and Capital BlueCross v. Pennsylvania Insurance Department, 937 A.2d 552 (Pa,Cmwth.2007) (en banc), appeal denied, 600 Pa. 106, 963 A.2d 906 (2009). 18, “A direct interest requires a showing that the matter complained of caused harm to the person’s interest.” South Whitehall Township Police Service v. South Whitehall Township, 521 Pa, 82, 995 A.2d 793, 795 (1989). 19, Petitioner has a direct interest in this matter because he owns multiple properties throughout Erie County. 20. Petitioner has a direct interest in this matter because he is at risk of having his property taxes increased in the event the proposed Community College is approved and subsequently become financially unsustainable. 21. Petitioner asserts that the Community College is not financially sustainable and viable in the long-term as the majority of the short-term expenses are funding by temporary grants and agreements that will not support the Community College in the long-term. 22. Asa result of the Community College not being financially sustainable in the long- term, property taxes and other local taxes will need to be raised to cover the long-term costs of the ‘Community College. 23. Petitioner asserts that the Community College is not needed because the market need for affordable college in Erie County is already being met by other local affordable colleges as well as by the Northern Pennsylvania Regional College.24. Petitioner asserts that his interests are not adequately represented by the parties to this matter as the only party to this matter is currently Erie County. 25. Courts have recognized taxpayer standing as an exception to the general requirement of aggrievement in circumstances in eases such as this where a government action might otherwise go unchallenged. Application of Biester, 409 A.2d 848, 851 n. 5 (Pa. 1979). 26. Petitioner asserts that Erie County’s application with respect to the proposed Community College has been, and will continue to be, unchallenged because no other parties have sought, or have been granted, intervention in this matter. 27. Erie County, the only current party, is not inclined to challenge or oppose this matter as Erie County is the party who filed the application for and is seeking approval for the Community College 28. Petitioner's requested relief of seeking intervention is to provide an opposing point ww and to provide evidence af the March 18, 2020 Evidentiary Hearing as appropriate. 29. Petitioner has no other channels available to seek redress. 30. Nother persons are better situated to assert evidence at this point because no other persons have sought, or been granted, intervention. 31. Petitioner asserts that participation in the March 18, 2020 Evidentiary Hearing ‘would provide him the opportunity fo present facts to support the assertions that the proposed ‘Community College is not needed based upon market needs, is not financially sustainable for the Jong-term, and will negatively impact him and the residents of Erie County because of inereased taxes.WHEREFORE, Petitioner respectfully requests that this Board grant this Petition to Intervene and allow Petitioner to present evidence in opposition to Erie County's Community College proposal during the Mareh 18, 2020 Evidentiary Hearing. Date: December 19, 2019 By: Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP D. #82283 Michael R, Kelley, Esquire ~ LD. 58854 Randall S. Pajovich, Esquire ~ LD. 320821 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for PetitionerVERIFICATION 1 verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject tothe penltes of 18 Pa. CS.A., §4904 relating to unworn fulsfication to authorities. va: 12/6/2019 LOK = Brent DavisCERTIFICATE OF COMPLIANCE {certify that this filing complies with the provisions ofthe Public Access Policy of the Unified Juatcial Systam of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents, Submited by Ad2M G, Klein, Esq Signature: Name; A0&G. Klein 82283 Attorney No. (if applicable): Rev. 12/2017