From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: 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?

A: Yes. The Sunshine Act is clear that an agency must provide 24 hours notice before holding a special meeting. The notice must be published in a newspaper of general circulation and posted at the office or meeting place of the agency. Notice must also be mailed to anyone who requested such notice and provided the agency with a self-addressed, stamped envelope.

An agency that does not comply with the notice requirements runs the risk that any action taken at the meeting could be invalidated if challenged. At least one court of common pleas ruled that action taken by a school district at a meeting that was not properly noticed was void and of no effect. See In re Condemnation by West Chester Area School District, 2001 WL 34644542, Pa.Com.Pl. (Jan. 2, 2001).

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