Here are some tips and info about the state’s Sunshine Act that might come in handy from an hour-long seminar given by Melissa Melewsky, legal counsel for the Pennsylvania Newspaper Association.
Some of these are things I didn’t know, so I thought they’d be good to share:
- Charter and cyber charter schools are covered by the act
- Committees of governing bodies are subject to the act, and it doesn’t matter if the committee doesn’t represent a quorum of the full board. If there is a quorum (usually one more than half, Melewsky said) of the committee present, it’s a meeting under the Sunshine Act.
- A quorum can be achieved at any time during a meeting. In other words, if two of five supervisors are present, there is no quorum. If a third shows up a half-hour later, it’s a quorum.
- There is no requirement that a vote be taking place at the same meeting or at any meeting for the meeting to be subject to the act.
- Case law indicates that one-word explanations to justify an executive session do not suffice. The officials must be more specific than simply saying “personnel,” for example.
- Officials can’t discuss filling an elected position in executive session.
- If an agency cites litigation for going into an executive session, it must cite an existing case, or that it got notice someone is threatening to sue (for example, it has received a letter from a lawyer). It can’t go into executive session simply because it thinks it might get sued over something.
- There are no requirements that minutes be kept during an executive session, and the state’s right to know law makes them exempt anyway. But PNA would like to see that changed, Melewsky said.
- Public participation is guaranteed, but governing bodies can limit comment to residents or taxpayers, and can defer comment to a future meeting.
- You don’t need an agency’s permission to record a meeting. If you do record, you may be subject to reasonable rules and regulations from the agency (like, bring your own power source). But the agency can’t do anything to interfere with your ability to record the meeting, including discussion among the officials.
- Recent changes to the Sunshine Act increased the penalties for violating it. A first offense could bring a minimum fine of $100, up to a maximum of $1,000, plus attorney’s fees. Second and subsequent offenses could bring fines of up to $2,000. That “gave the law some more teeth,” Melewsky said.
Have any questions about the law? Let me know. I’ll get and post the answers here.
