From the Hotline

By PNA's Legal Department
Pennsylvania Newspaper Association

Q: Borough Council wants to discuss the budget in executive session because it may result in layoffs. Can they do that?

A: Any time a quorum of an agency meets to deliberate agency business, or take official action, the meeting must be open to the public unless a specific exception applies under the Sunshine Act. Budget discussions are considered agency business and anytime a quorum is deliberating such agency business it should be done so at a public meeting. The personnel exception to the Sunshine Act permits closed meetings to discuss a specific employee or employees, but a discussion about the possibility of layoffs (that does not get into the specific issue of who may be laid off) must be held at a public meeting.

To reach the PNA Legal Hotline, contact Teri Henning at (717) 703-3076 or Melissa Melewsky at (717) 703-3048.

Use this link to the Headlines & Deadlines archive of Teri Henning's weekly 'From the Hotline' columns. 

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