ARCHIVE: From the PNA Legal Hotline

Open Meetings

• August 14, 2008
  Our coverage area includes a home rule county which is governed by a fifteen member council. Eleven council members belong to the same political party. These 11 members routinely meet in private to discuss their course of action on matters of agency business. When questioned, the council members say they are permitted to caucus with members of their political party without violating the Sunshine Act. Is that correct?
• August 7, 2008
  May the board of trustees at a community college discuss general hiring policies in executive session?
• July 31, 2008
  Is the police chief's contract a public record? Can a municipality discuss the police chief in executive session?
• July 24, 2008
  Are fire departments considered “agencies” for purposes of the Sunshine Act and Right to Know Law?
• June 26, 2008
  A zoning hearing board held a hearing and then announced that its decision will be mailed to interested parties who request to receive it. The zoning hearing board has said it will not announce its decision at a public meeting. Can they do that?
• June 5, 2008
  Our local state legislator holds a monthly meeting on issues affecting our area. The public and press are not permitted at these meetings but one member from each local agency is invited. Doesn’t this violate the Sunshine Act?
• January 24, 2008
  The county commissioners have sent termination letters informing several county employees their jobs will be eliminated or they will be terminated. Nothing was mentioned at the last public meeting and the commissioners deny having held an executive session. Can they do this?
• January 10, 2008
  The County Commissioners have enacted a policy in which they advertise themselves as “in session Monday-Friday, 8:30a.m.-5:00 p.m. unless in other meetings.” They say this policy is needed because the “Sunshine Act is poorly designed to serve commissioners who share office space and frequently discuss agency business during the day.” The commissioners said this policy will keep them in compliance with the Sunshine Act because they will always be conducting an advertised meeting. Can they do this?
• September 13, 2007
  A school board I cover is revising its policy book. On the subject of board discipline, a proposed policy says that if "a board member fails to meet the required expectations," the board can discuss the matter during a personnel executive session. Can they do that?
• September 6, 2007
  The school board secretary makes a tape recording of all school board meetings and uses the recording to draft meeting minutes. Occasionally, it takes the school board months to complete and adopt meeting minutes based on this recording and they refuse to release the tape recording or draft minutes. Is the tape recording a public record? How long can the school board take to adopt official minutes? Can I get a copy of the draft minutes?
• August 16, 2007
  A township is considering buying a piece of real estate. Two township supervisors want to discuss the matter during an open meeting while the third supervisor insists the Sunshine Act requires them to hold an executive session. Does the Sunshine Act require agencies to hold executive sessions?
• August 9, 2007
  A school board wants to run a legal ad for a “special meeting” tomorrow but we are past our advertising deadline. The school district says a news article is an acceptable alternative. Is the school district correct?
• July 26, 2007
  Does Pennsylvania law require school superintendent finalist names to be public?
• June 28, 2007
  Can I make school officials answer my questions at a public meeting?
• May 17, 2007
  The County Commissioners have enacted a policy that prohibits members of the media from recording public meetings. Are they allowed to do that?
• March 29, 2007
  Are agency policies and procedures public?
• March 15, 2007
  Our school district has been interviewing to replace our current superintendent. They have narrowed the field to three candidates and plan to hold public meetings next week so that the public can meet them and ask questions. They have refused to provide the names of the finalists in advance of the meeting. Does this violate Pennsylvania law?
• March 1, 2007
  How long do I have to file a lawsuit challenging a Sunshine Act violation?
• January 4, 2007
  Our township supervisors claim that as long as a meeting is not "prearranged" they are not violating the Sunshine Act if they run into one another and talk about agency business. Is that true?
• November 22, 2006
  Our city council went into executive session to talk about a possible dispute with a local business. Can they do that?
• November 16, 2006
  Borough Council wants to discuss the budget in executive session because it may result in layoffs. Can they do that?
• October 19, 2006
  Our school board recently voted in public to terminate an employee, but refused to name the employee. Is this a violation of the Sunshine Act?
• August 10, 2006
  A local agency did not advertise its most recent meeting, although it did open the meeting to the public. Is that a violation of the Sunshine Act?
• July 20, 2006
  What are the rules regarding “emergency meetings” under the Sunshine Act?
• July 6, 2006
  I heard somewhere that agencies have to inform employees before discussing them in an executive session, and that those employees have the right to have the matter discussed in public. Is that true?
• February 24, 2006
  Are agency members prohibited from disclosing what occurred in an executive session?
• January 6, 2006
  At its reorganization meeting, our City Council elected its officers, but took the vote by secret paper ballot. Now they are refusing to say how each member voted? Is this a violation of the Sunshine Act?
• December 16, 2005
  If agency members engage in serial phone calls or serial one-on-one conversations, are they violating the Sunshine Act?
• November 23, 2005
  Can a Board of Commissioners discuss their concerns about or the potential discipline of another Board member behind closed doors?
• November 18, 2005
  A School Board is in the process of filling a vacancy on the board and the whole board will be interviewing potential candidates. Should the interviews be done at a public meeting?
• November 11, 2005
  A Board of Township Supervisors is considering legal action against an area gas station for polluting area wells and plans to meet in executive session to discuss the situation. Is this legal under the Sunshine Act?
• September 23, 2005
  Is a public agency required to advertise and state the reason for an executive session in a newspaper of general circulation?
• September 16, 2005
  A public agency held an executive session to discuss the need for layoffs. Is this allowed if no specific employees are mentioned?
• August 12, 2005
  Can a public agency limit public comment to residents or taxpayers?
• August 5, 2005
  Can a quorum of the school board go on a "retreat" without violating the Sunshine Act?
• May 6, 2005
  A municipality has been going into executive session to discuss "contract negotiation" issues. Is this lawful under the Sunshine Act?
• March 25, 2005
  Can township supervisors go behind closed doors to discuss the performance and possible resignation of another supervisor?
• January 21, 2005
  Under the Sunshine Act, can an agency restrict public comment to agenda items only?
• December 10, 2004
  Our Board recently voted on a matter using secret ballots. The President read the results out loud, but refused to say how each individual board member voted. Did they violate the Sunshine Act?
• December 3, 2004
  Our school board met behind closed doors with the superintendent to discuss the district’s busing policy. According to the board, the superintendent presented the board with information and responded to the board members’ questions, but the board members did not discuss the policy among themselves. They are claiming that the meeting could be closed because they did not “deliberate” agency business. Is this correct?
• October 1, 2004
  Does an agency have to follow any special procedure before it can call an executive session? What does it have to tell the public about the executive session? Does it have to keep minutes of that session?
• September 17, 2004
  Is it unlawful for the school board to act on issues other than those advertised when conducting a special meeting?
• July 9, 2004
  Our School Board takes action on matters without explaining exactly what they’re voting on. In some cases, they refer to a “board packet” and vote on items “3 and 4” without telling the public what those matters are. In other cases, the Board votes on raises for employees without specifying the amounts. Are these violations of the Sunshine Act?
• June 11, 2004
  Are 'agenda setting' meetings of a public agency required to be public?
• March 12, 2004
  Can an agency meet in secret to discuss potential of a lawsuit?
• March 5, 2004
  What can a reporter say if he or she wants to object to the closing of a meeting?
• February 6, 2004
  Are two of our three county commissioners allowed to hold private 'informational sessions' with local economic development leaders?
• December 12, 2003
  'Are they skirting the Sunshine Act?'