Pennsylvania Sunshine Act
From Sunshine Review
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Which government meetings are open to the public? The public has the right to be at all meetings of certain defined public bodies, or "agencies," where the deliberation, policy formulation, and decision making that the agencies will undertake at the meetings is "vital to the enhancement and proper functioning of the democratic process."
The act exempts deliberations or official actions that are conducted in public that would "violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including matter related to the investigation of possible or certain violations of the law and quasi-judicial deliberations..."
There are some exceptions to this rule.[1]
[edit] Meeting process
The Pennsylvania Sunshine Act applies to all public bodies that have the authority to take official action or render advice on matters of agency business. If agency members gather for a nonpublic meet and there are fewer than a quorum in the group that is meeting, the act does not apply because a vote could not be reached. This act allows for "reasonable public comment" during board, council, or authority meetings.[1]
A person attending a meeting of an agency has the right to use recording devices to record all the proceedings, but the public body can make reasonable rules for their use.[2]
Notice
Agencies are required to advertise and give the public notice of all meetings. They are required to give public notice of its first regular meeting of each calendar or fiscal year not less than three days in advance, including, place, time and date. They must then give public notice of the schedule of its remaining regular meetings.
An agency must give public notice, at least 24 hours before commencement time of the meeting, of each special meeting or each rescheduled regular or special meeting. In the case of an emergency meeting or a conference, public notice is not required.
Professional licensing boards within the Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth must include each matter involving a proposal to revoke, suspend or restrict a license in the public notice.[2]
[edit] Exceptions
The only meetings that public bodies may close are executive sessions, certain conferences and working sessions.
Executive sessions These are closed meetings that can only be closed for these purposes:
- Discussions of matters involving employment or performance of officers or employees of the agency, provided that any affected individual is given the opportunity to request, in writing, that the meeting be held in public.
- Meetings involving collective bargaining, labor relations, and arbitration.
- To consider the purchase or lease of real property.
- To meet with an attorney or other professional adviser regarding litigation or issues where an identifiable complaint is expected to be filed.
- To discuss agency business which, if discussed in public, would lead to the disclosure of information protected by law, including ongoing investigations.
Discussions of academic admissions or standing by the governing bodies of State-owned, State-aided, or State-related colleges or universities.
Executive sessions may be held during an open meeting, at the conclusion of an open meeting, or announced for a future time. Prior to convening an executive session, the agency must announce with proper specificity the purpose of the executive session. If the session is not for a future time, the members of the agency must be notified of the session 24 hours in advance.
Conferences A quorum of an agency may attend conferences or other informative gatherings without requiring that the event be open to the public. Deliberation concerning agency business, however, is prohibited.
Working Sessions Most agencies cannot hold "work sessions" because they are rarely supported by the act's exceptions. Boards of auditors may hold working sessions to discuss and deliberate accounts and records, provided any official action is taken at a subsequent public meeting.[1]
[edit] If violated
Anyone can bring a legal challenge within 30 days from the date of a meeting, or within 30 days from the discovery of any action taken at an illegal meeting, as long as the complaint does not come more than one year before the meeting.
The court can hold any challenged action until a judicial determination is reached about whether or not the meeting was in violation.
If the court determines the meeting was in violation, it may rule that any or all official action taken at the meeting is invalid. If the court finds that the meeting was not in violation, the official action taken at the meeting will become fully effective.
Any member of any agency who intentionally violates the act by participating in a meeting commits a summary offense. If convicted, the violator will be sentenced to pay a fine not exceeding $100. They will also be responsible for the costs of prosecution.
In cases of violation, the Commonwealth Court rules over the actions of State agencies and the courts of common pleas rules over the actions involving other agencies when enforcing this chapter when appropriate.[2]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of open meetings lawsuits in Pennsylvania. For more information go the page or go to Pennsylvania sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
We do not currently have any pages on litigation in Pennsylvania. To add some see our Sunshine litigation project page.
[edit] See also
[edit] External links
[edit] References
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