Terry Mutchler Quoted in Penn State Trustee Lawsuit Coverage

Terry Mutchler, Chair of Obermayer’s Transparency & Public Data Practice, represents Penn State alumni-elected trustee Barry Fenchak in a lawsuit challenging actions taken by the university’s board of trustees.

The case, highlighted in the June 16, 2025, Centre Daily Times article, “Penn State trustees permanently remove Barry Fenchak from the board,” marks a rare instance in the university’s history. During a special meeting, the Penn State board voted 30-4 to remove Fenchak, one of nine trustees elected by alumni. Fenchak’s three-year term expired June 30, and he did not win reelection in the most recent trustee election.

In a forceful and colorful response, Fenchak’s attorney Terry Mutchler said her client is fighting a “lip-locked Board that prides secrecy, uniformity, and uninterrupted rubber-stamping.” With his persistent questions about some of the board’s financial decisions, Mutchler said the board changed its bylaws to target and permanently remove him.

The controversy stems from Fenchak’s efforts to obtain detailed financial information from the board. A subcommittee previously found a code of conduct violation and recommended his removal. Fenchak filed a lawsuit in October 2024, asserting that the board’s refusal to provide information hindered his ability to fulfill his duties. 

Read the full article here.